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HomeMy WebLinkAboutPre-LegislationCity of Miami Legislation Resolution: R-11-0065 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-01248 Final Action Date: 2/24/2011 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE THE SECOND AMENDMENT TO THE SETTLEMENT AGREEMENT BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, the City Commission wishes to authorize the City Manager to execute the Second Amendment to the Settlement Agreement, between the City of Miami and Clear Channel Outdoor, Inc. ("Clear Channel"), in substantially the attached form; and WHEREAS, the City Commission wishes to allow Clear Channel to erect fourteen (14) digital billboards pursuant the terms of the Second Amendment to the Settlement Agreement; 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. The City Manager is authorized {1 } to execute the Second Amendment to the Settlement Agreement between the City of Miami and Clear Channel, in substantially the attached form. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. City of Miami Page 1 of 1 File Id: 10-01248 (Version: 2) Printed On: 5/3/2016 FINAL AS MODIFIED ON FLOOR SECOND AMENDMENT TO SETTLEMENT AGREEMENT THIS SECOND AMENDMENT to the July 8, 2004 Settlement Agreement (this "Second Amendment") is made and entered into as of this day of 2011, by and between the City of Miami (the "City"), a Florida municipality, and Clear Channel Outdoor, Inc., a Delaware corporation ("CCO"). RECITALS A. Whereas the City has been empowered by the Florida Legislature, pursuant to Section 70.20, Fla. Stats. (2002) to enter into relocation and reconstruction agreements, on whatever terms are agreeable to the sign owner and the municipality, and to provide for relocation and reconstruction of signs by ordinance. B. Whereas, in conformance with the powers granted to the City by virtue of Section 70.20, Fla. Stats. (2002), the City entered into a settlement agreement with CCO dated July 8, 2004 (the "Original Agreement"), as amended by that certain First Amendment to Settlement Agreement, dated September 2, 2009 ("First Amendment"). The First Amendment, together with the Original Agreement (hereinafter collectively referred to as the "Agreement"), contained relocation and reconstruction provisions. C. Whereas to implement the provisions of Section 70.20, Fla. Stats. (2002), the City and CCO desire to, and by this Second Amendment hereby agree to, further amend the terms of the Original Agreement and the First Amendment as set forth herein. D. Whereas it is the intent of the City to reduce the number of Billboards located along Bird Road (SW 40th Street) and LeJeune Road (SW 42nd Avenue) which have been identified by the City as view corridors within the City and to generally reduce the number of billboard structures within the City. 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 CCO 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 Second Amendment. 1 2. Waiver of Just Compensation. CCO hereby expressly waives any right to receive from the City just compensation for the removal of any Signs or Sign Structures pursuant to this Second Amendment, whether such a 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; or any other authority under local, state or federal law. 3. LED Sign faces. 3.1 Notwithstanding anything to the contrary in the Agreement or this Second Amendment, at CCO's option, which it may exercise in its sole and absolute discretion in accordance with the time limit set forth in Paragraph 9 hereof, CCO shall be permitted to, relocate and/or reconstruct up to fourteen (14) of its existing Sign Structures on Exhibit D of the Original Agreement to erect, install, and maintain up to fourteen (14) LED Sign Faces (which have the characteristics described in paragraphs 3.6 through 3.8 hereof [the "LED Sign Faces"]) and, on the reverse side, fourteen (14) externally illuminated bulletin -size (or smaller) billboard faces, on such replaced or relocated Signs at the "Proposed LED Locations" within the City of Miami identified in Exhibit "M" attached hereto, or at an Alternate Locations (as the case maybe) within the City of Miami. Notwithstanding anything to the contrary in the Agreement or this Second Amendment, to obtain the LED Sign Faces, CCO shall be permitted to exchange any combination of the thirty-eight (38) Sign structures listed on Exhibit L hereof, pursuant to the terms and conditions under Section 3.10 hereof, for a maximum of fourteen (14) LED Sign Faces. Notwithstanding anything to the contrary in the Agreement or this Second Amendment, for purposes of, relocations and/or reconstruction of existing sign faces and sign structures pursuant to this Second Amendment, and the Agreement, construction materials may consist of either new materials, refurbished materials, or materials from the existing location to be relocated and/or reconstructed. The Sign structure on which the LED Sign face is mounted as provided in this Second Amendment must comply with the design criteria on Exhibit K to the First Amendment. 3.2 (a) NEA LED Sign Payments: CCO will pay to the NEA program an annual payment in the amount of $15,000.00 for years 1 through 6 of this Second Amendment, $20,000.00 for years 7 through 13 of this Second Amendment, and $25,000.00 for years 14 through the termination of this Second Amendment (the "NEA LED Payment") for each bulletin size LED Sign Face erected under the terms of this Second Amendment. The NEA LED Payment for each poster size LED Sign Face shall be half of the amount that is required for each bulletin size LED Sign Face. The term of this NEA LED Payment shall be from the date of issuance of the related Amended LED Permit; as defined in Paragraph"3.-10 herein, and for so long as such LED Sign Face remains erected, irrespective of whether is it relocated to an Alternate Location. No other fees shall be required for the issuance of an Amended LED Permit except for permitting fees to cover the reasonable administrative costs of processing the application for an Amended LED Permit pursuant to the fee rates set forth in the City of Miami Code of Ordinances at the time of the application. Nothing contained in this Second Amendment is intended to modify the annual NEA LED Payments required under the 2 terms of the First Amendment. All NEA LED Payments required by this Second Amendment are in addition to those due pursuant to the First Amendment. (b) NEA LED Payment Date: The first annual NEA LED Payment, as pro- rated under Paragraph 3.2(c) is due immediately upon the issuance of all City and State permits necessary for the erection, installation, and operation of that particular LED Sign Face. All other subsequent NEA LED Payments for each LED Sign Face which has been fully permitted by the appropriate City and State agencies and issued pursuant to Paragraph 3.10, shall be due on January 3151 of the following year, and on the anniversary date thereafter, subject to the provisions in Paragraph 3.2(c) hereof. (c) NEA LED Payment Proration: The NEA LED Payment for each LED Sign Face shall be pro -rated for that year to take into account the time for which an amended permit was issued by the City for each LED Sign Face in a calendar year. By way of example only, if this Second Amendment were signed on January 1, 2010 and the City issues an Amended LED Permit for a particular bulletin size LED Sign Face on July 1, 2010, the NEA LED Payment for said bulletin size LED Sign Face shall be $7,500.00 for the first year, instead of $15,000.00. (d) NEA LED Credit: The City will provide CCO with a credit toward the next NEA LED Payment due for an Amended LED Permit issued under this Second Amendment (the "NEA LED Payment Credit") in the event that: (1) a City issued Amended LED Permit expires without the applicable LED Sign Face being erected; or (2) an Affected LED Sign Face is unable to be relocated and reconstructed under Paragraphs 3.4 or 3.5 CCO shall provide the City written notice 60 days prior to the beginning of the City'S Fiscal Year' of a potential expiration or caneellation of a lease agreements which may occur in the upcoming Fiscal Year so that the City can appropriately account for a potential NEA LED Payment Credit in its upcoming budget. (e) NEA LED CPI Adjustment: The NEA LED Payment shall be adjusted annually, either up or down, based upon the consumer price index for the Metropolitan Miami -Dade area (the "CPI Adjustment"). The CPI Adjustment shall begin on the third anniversary date of the first NEA LED Payment. (f) NEA LED Modification to the First Amendment: Notwithstanding anything to the contrary in the First Amendment, all NEA LED Payments due under Section 6.2 of the First Amendment shall be paid on January 31, 2011 and on the anniversary date thereafter so that all annual NEA payments from both the First Amendment and Second Amendment are made on this same date. As a result, any NEA LED Payments otherwise due prior to, or otherwise not due until after January 31, 2011 ' The City's fiscal year runs from October Is' of the preceding year to September 30th of the following year (the "Fiscal Year"). 3 according, to the deadlines in the First Amendment, shall not be paid in accordance therewith, but shall be paid on January 31, 2011 and all such payments due prior to or after such date shall be appropriately prorated to adjust to the uniform annual payment date. 3.3 In addition, the City will have access to use the LED Sign faces through the State of Florida's Office of Emergency Management (the "OEM"), upon official activation of the OEM for certain limited emergency reasons such as hurricanes, amber alerts, and police or fire emergency situations. Such access shall be subject to the agreements CCO has in place from time to time with the FBI, State of Florida and the OEM. 3.4 In the event the view of any LED Sign Face is substantially impaired from the roadway, highway or expressway from which it is intended to be viewed, CCO is unable to install and/or operate an LED Sign Face at a Proposed LED Location through no fault of CCO, or CCO is unable to enter into a lease agreement with the property owner on terms acceptable to CCO in its sole and absolute discretion (the "Affected LED Sign Face"), then CCO shall have the right to relocate and or reconstruct the Affected LED Sign face and Sign Structure to another location of similar value for outdoor advertising purposes (each an "Alternate Location"), provided that the Alternate Location is: (A) located within a 1 mile (5,280 feet) radius of the existing Sign; and (B) located in the same zoning district as the existing Sign within the City of Miami"); and (C) not located within 100' of Residential T-3 zoned property; and (D) not located within a Gateway as defined in the First Amendment; The City shall not impose, as a condition for its approval of a relocation and reconstruction under this paragraph, that: (a) CCO make any payment to the City except for permitting fees to cover the reasonable administrative costs of processing the application for the relocation and reconstruction of the Affected LED Sign Face and Sign Structure pursuant to the fee rates set forth in the City of Miami Code of Ordinances at the time of the application; (b) that CCO take down any additional Signs or Sign structures; (c) that CCO reduce the size or height of the LED Sign Face(s) so relocated; or (d) that CCO operate the LED Sign Face(s) so relocated in any manner that is materially inconsistent with the previous operation of the LED Sign Face(s) by CCO, including, without limitation, requirements (i) that CCO reduce the hours of operation of the LED Sign Faces(s), (ii) that CCO display advertising in increments that are greater than eight seconds or increments permitted by FDOT regulations (whichever increment is greater); (iii) that CCO limit the amount or frequency of commercial advertising displayed on the LED Sign Face(s); or (iv) except as required by Section 3.3 hereof, that CCO display messages benefitting any entity or cause. If required, the City shall issue all necessary approvals and permits to CCO to so relocate the affected LED Sign Face and LED Sign structure, 3.5 If CCO is unable to relocate the Affected LED Sign Face to an 4 Alternate Location as defined herein, then subject to the conditions provided in sub- paragraphs 3.4 (B)-(D) herein, CCO shall be permitted to transfer the Affected LED Sign Face to one of its existing locations within the City of Miami where it then owns a Sign Structure as selected by CCO (each an "Existing Location"). Notwithstanding anything to the contrary in the Agreement or this Second Amendment, CCO shall be permitted to transfer the Affected LED Sign Face so as to place back-to-back LED Sign Faces at one of its Existing Locations. In the event that CCO is unable to relocate the Affected LED Sign Face to one of its Existing Locations within the City of Miami where it then owns a Sign Structure, then CCO shall not be required to make any additional NEA LED Payments for the particular Affected LED Sign Face and the City shall issue a credit for any pre- paid annual NEA LED Payments on a pro-rata basis. The credit shall be applied to any future NEA LED Payments for other LED Sign Faces due under this Agreement and shall be appropriately pro -rated to take into account the period of time for which the Affected LED Sign Face was not erected in that particular calendar year. By way of example only, if the NEA LED Payment for an Affected bulletin -size LED Sign. Face sign face was made on January 31, 2010, and CCO removes the Affected LED Sign Face on April 31, 2010, then the City shall issue a credit to CCO in the amount of $10,000.00 instead of $15,000.00. 3.6 LED Sign faces facing in the same direction shall be placed at a minimum of six hundred (600) feet apart, irrespective of whether they are placed on the same or different sides of the roadway. In the case of LED Sign faces located on opposite sides of the roadway, the six hundred (600) feet shall be measured excluding the width of the roadway, highway or expressway. 3.7 The bulletin size LED Sign Faces shall have digital advertising faces no larger than 14' x 48'. The poster size LED Sign Faces shall have digital advertising faces no larger than 14' x 25' for each face. The LED -Sign structures shall be constructed in the manner depicted and described in Exhibit K of the First Amendment. 3.8 LED Sign faces shall allow for display of remotely changeable off - premise advertising in increments of eight seconds, or increments permitted by FDOT regulations, whichever increment is greater. 3.9 Notwithstanding anything to the contrary in the Agreement or this Second Amendment, CCO shall be permitted to place 2 LED Sign Faces per Sign structure at two (2) of the Proposed LED Locations within the City of Miami identified in Exhibit "M" attached hereto, or to Alternate Locations as the case may be, provided that the 4 LED Sign Faces shall count against the 14 LED Sign faces that CCO has been granted the right to install under this Second Amendment. Notwithstanding the foregoing, CCO shall be permitted to transfer an Affected LED Sign Face as provided in Section 3.5 hereof in order to place back-to-back LED Sign Faces at on of its Existing Locations. 5 3.10 At CCO's option, which it may exercise in its sole and absolute discretion in accordance with the time limit set forth in Paragraph 9 hereof, CCO may, at its sole cost and expense, permanently and voluntarily remove or replace, as the case may be, its Signs and all apparatus associated therewith ("Sign Structures") listed on Exhibit L, in accordance with and subject to the terms and conditions set forth in Sub -sections 3.1 through 3.11 hereof. In electing to do so, CCO shall comply with any and all federal, state and local requirements, including permit requirements and the City shall issue any and all necessary permits associated therewith. In recognition of CCO's removal of Signstructures identified in Exhibit L, the City will amend up to a maximum of fourteen (14) existing permits to allow CCO to transfer the existing permit rights associated with such Sign structures to the Sign structures at the Proposed LED Locations identified on Exhibit M attached hereto, or to an Alternate Location, as the case may be, and to upgrade the related sign faces at such structures for LED Sign Faces (the "Amended LED Permits"). CCO may only submit one (1) application for an Amended LED Permit for the LED Sign Face(s) at a time. CCO may exchange: (a) any four (4) of the Sign structures listed in Exhibit L for one (1) Sign structure consisting of (1) bulletin size LED Sign Face and (1) externally illuminated bulletin size sign face; or (b) any two (2) of the Sign structures listed in Exhibit L for one (1) Sign structure consisting of one (1) poster size LED Sign Face and (1) externally illuminated poster size sign face; or (c) one (1) existing poster size LED Sign Face permit (DDA School location) and any two (2) of the Sign structures listed in Exhibit "L" for one (1) sign structure consisting of one (1) bulletin size LED Sign Face and one (1) externally illuminated bulletin size sign face. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits for the erection, installation and operation of the first LED Sign Face, CCO shall, at its sole cost and expense, permanently and voluntarily remove (if not already theretofore removed) the Signs and Sign structures selected by CCO from Exhibit "L" (the "Removed Sign Structures") in exchange for the LED Sign Face. CCO may not apply for an Amended LED Permit for the second LED Sign Face until it has completed the removal of the Removed Sign Structures to be exchanged for the first LED Sign Face. By way of example only, CCO will not be able to apply for any amended permits to erect, install and operate a LED Sign Face until such time as CCO has completed the removal of the Removed Sign Structures exchanged for said sign. CCO reserves the right to modify the sequence of removal of the Removed Sign Structures and the sequence of erection, installation and operation of the corresponding LED Sign Faces, but in no event shall CCO be entitled to apply for an amended permit for another LED Sign Face until such time as CCO has completed the removal of the Removed Sign Structure it is working on at that time. For clarification, all permits issued under the Original Agreement, the First Amendment and the Second Amendment for the construction of Sign structures and LED Sign Faces are the amendment of permits for existing Signs and are not new permits for such structures and faces. Amended LED Permits granted pursuant to this Second Amendment are in addition to those granted under the First Amendment. 3.11 Notwithstanding anything to the contrary, CCO shall be permitted to reconstruct the two (2) existing Sign Structures identified as Sign Numbers 1 and 9 in Exhibit "M" attached hereto (originally Sign Numbers 2 in Exhibit "D" of the Original Agreement) at a height of 60 feet at the "Proposed LED Locations" identified in Exhibit «M„ . 4. Relocation and Reconstruction of DDA Amended Permit. 4.1 Under the terms of the Agreement, in exchange for the removal of signs on a four for one basis, the City issued CCO an Amended Permit for a sign structure with two (2) bulletin size static sign faces located at 401 N.W. 3rd Avenue (the "Charter School Amended Permit") in the City of Miami commonly known as the Downtown Miami Charter School (the "Charter School Location"). Subsequent to the issuance of the Charter School Amended Permit, CCO erected the sign structure at the Charter School Location. However, after the installation of the Sign Structure and prior to the installation of the two bulletin sign faces at the Charter School Location, CCO realized it was unable to build to the Sign Structure on the property. 4.2 In order to relocate the sign structure at the Charter School Location to a different location, CCO shall enter into a license agreement with the City ofMiami, substantially in the form attached hereto as Exhibit "N"(the "License Agreement"), in order to erect, install, and operate a Sign Structure with two (2) bulletin size static Sign faces at the property located at 400 N.W. 2" Avenue commonly known as the Miami Police Department (the "MPD Location"). In exchange for CCO's removal of the existing sign structure of the Charter School Locations the City will' amend the Charter School Amended Permit to allow CCO to transfer its Amended Permit rights from the Charter School Location to the MPD Location (the "Amended MPD Permit"). The City shall not require any additional NEA Payment for the issuance of the Amended MDP Permit or any other additional fees except for permitting fees to cover the reasonable administrative costs of processing the application for the Amended MDP Permit pursuant to the fee rates set forth in the City of Miami Code of Ordinances at the time of the application. 4.3 Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the two (2) bulletin size sign faces and sign structure at the MPD Location, CCO shall, at its sole cost and expense, permanently and voluntarily remove (if not already thereto removed) the existing sign structure located at the DDA Location. The City has agreed to such relocation, and the City will issue to CCO all permits necessary for such relocation after CCO meets all requirements 7 contained herein. 4.4 In the event that the License Agreement is terminated by either party prior to the expiration of License Agreement Term as defined therein, or CCO is unable to obtain the necessary FDOT permits for the erection of the Sign Faces and Sign Structure at the MDP Location, then subject to approval by the City Commission, CCO shall be permitted to relocate and reconstruct the Sign Faces and Sign Structure located at the MPD Location to another location of similar value for outdoor advertising purposes located either within the City of Miami or along an expressway as defined in the First Amendment. If required, the City shall issue all necessary approvals and permits for CCO to so relocate and reconstruct the two (2) bulletin Sign Faces and Sign Structure. The City shall not impose, as a condition for its approval of a relocation and reconstruction under this paragraph, that:. (a) CCO make any payment to the City with the exception of permitting fees to cover the reasonable administrative costs of processing the application for the relocation and reconstruction of the Sign Faces and Sign Structure pursuant to the fee rates set forth in the City of Miami Code of Ordinances at the time of the application; (b) that CCO take down any additional Signs or Sign structures; (c) that CCO reduce the size or height of the Sign Face(s) so relocated; or (d) that CCO operate the Sign Face(s) so relocated in any manner that is materially inconsistent with the previous operation of the Sign Face(s) by CCO. 5. Illumination. 5.1 The LED Sign Faces shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre- set distance. Pre-set distances to measure the foot candles impact vary with the expected viewing distances of each size sign as follows: Measurement distance criteria: • 0 (zero) - 350 (three hundred fifty) square feet to be measured 150 (one hundred fifty) feet from source; ■ 351 (three hundred fifty-one) — 650 (six hundred fifty) square feet to be measured 200 (two hundred) feet from source; ■ 651 (six hundred fifty-one) — 672 (six hundred seventy-two) square feet to be measured 250 (two hundred fifty) feet from source. 5.2 Ambient Light Sensors. All LED Sign Faces shall have installed ambient light sensors, and at all times allow such sensors to automatically adjust the brightness level of the Sign Face based on ambient light conditions. 5.3 Modification of First Amendment. All LED Sign Faces shall contain a default design that shall have a default mechanism built in to turn the display off or show "full black" on the display in the event of a malfunction. Any LED Sign Face that malfunctions, fails, or ceases to operate in its usual or normal programmed manner, causing motion, movement, flashing or other similar effects, shall be restored to its normal operation conforming to the requirements 8 of this section within twenty-four (24) hours. 5.4 Modification to First Amendment. Paragraphs 5.1 — 5.3 of the Second Amendment shall apply to the LED Sign Faces erected under the terms of the First Amendment, and these sub -paragraphs are hereby incorporated by reference into the First Amendment. 6. Permit Expedition Fee. At CCO's option, which it may exercise in its sole and absolute discretion, CCO may pay the City a permit expedition fee in the amount of Seven Hundred Fifty Dollars ($750.00) in order for the City to timely process an Amended LED Permit Application and issue all permits necessary in order for CCO to erect, install and operate the LED Sign Face(s) which are the subject of that particular Amended LED Permit application within ten (10) business days of its submittal to the City. 7. CCO to Indemnify and Hold Harmless the City. This Amendment contemplates the removal of existing Sign structures in exchange for CCO's right to remove and relocate existing Sign structures from one property to another and for CCO's right to upgrade Sign faces with LED Sign faces within the City of Miami. It is recognized that CCO may have lease agreements with property owners (the "Property Owners") relating to such existing Sign structures that CCO is voluntarily obligating itself to remove, or may elect to remove, under the terms of this Second Amendment and the Agreement. Consequently, CCO agrees to indemnify the City from any lawsuit, and shall defend with counsel designated by CCO and reasonably acceptable to the City, and hold the City harmless, against any claim asserted by an affected Property Owner arising from the removal of the Signs and Signs structures that are removed after the effective date of this Second Amendment. 8. Future Sign Regulation. CCO agrees to comply with and be bound by all federal, State of Florida, Miami -Dade County, and City sign regulations regarding LED Signs adopted prior to the date of this Second Amendment, but, during the term of the Original Agreement, the First Amendment and the Second Amendment, the City shall take no action to compel any CCO Sign structure and LED Sign Face which is the subject of an Amended Permit or Amended LED Permit (as defined both in the First Amendment and Second Amendment) to come into compliance with City Sign ordinances currently_ or formerly in effect or hereafter adopted and the City shall take no actions to diminish CCO's rights to maintain and operate such Sign structures and LED Sign Faces, including any Sign structures and LED Sign Faces which are subject to Amended Permits or Amended LED Permits which are later relocated, if any. 9. Time Limit. CCO shall have five (5) years in which to exercise the removal and relocation rights, and the reconstruction rights, under this Second Amendment, and if such rights are so exercised, to remove the existing sign faces and structures listed under Exhibit "L" and construct the LED Sign faces in accordance with Paragraph 4 at the "Proposed LED Locations" or at an "Alternate Location" (as the case 9 may be) within the City of Miami. The City will not issue Amended Permits under this paragraph more than five (5) years after the effective date of this Second Amendment. 10. Correction to Paragraph 10(a) of the Original Agreement. Notwithstanding anything to the contrary contained in the Agreement, Paragraph 10(a) of the Original Agreement is hereby amended to authorize CCO to relocate and/or reconstruct Sign Numbers 7 and 10 listed on Exhibit "M" hereto at the "Proposed LED Locations" or at an Alternate Location (as the case may be) within the City of Miami. 11. No Further Amendment. Except as expressly modified by this Second Amendment, the Agreement, including the First Amendment, shall remain unmodified and in full force and effect, and the Parties hereby ratify their respective obligations thereunder. 12. Entire Agreement. The Agreement, including the First Amendment, as expressly modified by this Second Amendment, shall constitute the entire agreement among the Parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. 13. Authority; Rights; Severabilitv. The parties agree and acknowledge: 13.1 That the Original Agreement, the First Amendment, and all subsequent amendments including this Second Amendment (collectively, the "Agreement & Amendments") were negotiated and entered into by the City pursuant to the authority conferred upon it by law including Section 70.20, Fla. Stat. (2002), which provides in part that: [m]unicipalities ... are specifically empowered to enter into relocation and reconstruction agreements on whatever terms are agreeable to the sign owner and the municipality ... involved and to provide for relocation and reconstruction of signs by agreement, ordinance, or resolution. Fla. Stat. § 70.20(1); 13.2 That the rights conferred upon CCO under the Agreement & Amendments are vested as of their respective effective dates, and as such, any future sign regulation that may otherwise alter the terms of the Agreement & Amendments, or diminish CCO's rights with respect to maintaining and operating existing and future Sign structures and LED Sign Faces that are the subject of the Agreement & Amendments, shall respect and preserve such vested rights; 13.3 That permits obtained, structures erected, and other actions CCO has taken pursuant to the Agreement & Amendments were undertaken in reasonable reliance upon the City's authority to enter into the Agreement & Amendments, and all subparts thereof, pursuant to Section 70.20 and applicable provisions of the City's Sign Code; 10 13.4 That, if any provision of the Agreement & Amendments is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, then said provision shall be severed, and the remaining provisions shall remain in full force and effect. Notwithstanding any provision declared illegal, invalid, or unenforceable, the Agreement & Amendments have valid purposes, which include inter alia facilitating the net reduction of billboards in the City of Miami in order to preserve and improve urban aesthetics and traffic safety while also properly balancing private property and commercial speech rights; 13.5 That nothing in the Agreement & Amendments shall be read to impermissibly interfere with the lawful exercise of the City's police powers to protect the public from serious threats to health or safety; and 13.6 That this paragraph shall apply to all portions of the Agreement & Amendments; and to the extent any language in the Agreement & Amendments is deemed inconsistent or contrary to this paragraph, the language contained in this paragraph shall control. 14. Representations and Warranties. CCO 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 Second Amendment. The City hereby represents and warrants that: (a) it is empowered to enter into this Second Amendment; and (b) this Second Amendment has been duly authorized by the City Commission of the City of Miami pursuant to the requirements of Florida law. 15. Terms of Art. Capitalized terms used and defined in this Second Amendment: shallhave the meanings herein set forth in this. Second Amendment and not in the Agreement. Any capitalized terms used and defined in the First Amendment shall have the meanings set forth therein and not in the Second Amendment or the Original Agreement. Capitalized terms defined herein shall not be given the meaning provided herein to similar capitalized terms in the Agreement. For example, "LED Sign Face" as used herein has the definition provided herein for purposes of this Second Amendment, where as "LED Sign Face" as used in the First Amendment has the definition therein for purposes of the First Amendment. 16. Effective Date. This Agreement shall become effective as of the date it is approved by the Board of Commissioners of the City of Miami and is signed by the City Manager and CCO. 17. Conflicting Terms. In the event of a conflict between the terms of this Second Amendment and those terms contained in the Agreement, the language in this Second Amendment shall control. 11 18. Downtown Charter School Payment. Paragraph 5 of the First Amendment provides for an $80,000 payment to the CRA if certain conditions stated therein are satisfied. As of the Effective Date of this Second Amendment the referenced payment has not been made. Notwithstanding any provision or condition of the First Amendment to the contrary, upon completion of construction of the Sign Structure located at the MPD Location, CCO shall immediately make the $80,000 payment to the City. The City and CCO shall mutually agree upon the recipients of $80,000 payment to the City. [Signature Page Follows] 12 IN WITNESS WHEREOF, the Parties have caused this Second_Amendment to be executed by their duly authorized representatives as of the Effective Date shown above. ATTEST: CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation By: Corporate Secretary Title "City" ATTEST: CITY OF MIAMI, a Florida municipal corporation By: Priscilla A. Thompson, City Clerk Tony Crapp, Jr., City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney Gary Reshefsky Interim Risk Management Director 13 EXHIBIT "L" Panel Description Exhibit D Folio # District # 1 Bird Rd NS 65ft E/0 SW 39th Av F/W - 1 178 01-4117-003-1010 D-2 Bird Rd NS 65ft E/0 SW 39th Av F/E - 2 2 Bird Rd SS 130ft E/0 SW 37th Av F/W - 2 180 01-4121-004-0010 D-2 Bird Rd SS 130ft E/0 SW 37th Av F/E -1 3 Bird Rd NS 36ft E/0 SW 38th Av F/W -1 177 01-4117-003-1400 0-2 Bird Rd NS 36ft E/O SW 38th Av F/E - 2 4 Le Jeune Rd ES 225ft N/O NW 9th St F/N - 1 199 01-3132-013-0310 D-1 Le Jeune Rd ES 225ft N/0 NW 9th St F/S - 2 5 Le Jeune Rd ES 50ft S/0 NW 9th St F/N -1 198 01-3132-013-0610 D-1 Le Jeune Rd E5 50ft 5/0 NW 9th St F/S - 2 6 Le Jeune Rd ES 288ft S/0 NW 9th St F/N - 1 197 01-3132-013-0550 D-1 Le Jeune Rd ES 288ft 5/0 NW 9th St F/S - 2 7 . Le Jeune Rd ES 194ft 5/0 NW.11th St F/N - 1 194 01-3132-013-0350 D-1 Le Jeune Rd ES 194ft 5/0 NW llth St F/S - 2 8 NW 62nd St SS 10ft E/0 NW 7th Av F/W - 1 250 01-3113-040-0740 D-5 9 NW 22nd Av ES 200ft N/0 Flagler St F/N - 1 11 01-4103-013-0620 D-3 NW 22nd Av ES 200ft N/0 Flagler St F/S - 2 10 Ponce De Leon Blvd ES 200ft S/0 Flagler St F/N - 1 35 01-4104-022-0121 D-4 Ponce De Leon Blvd ES 200ft S/O Flagler St F/S - 2 Ponce De Leon Blvd ES 200ft S/0 Flagler St F/S - 3 11 W Flagler St NS 300ft E/0 SW 16th Av F/E - 1 45 01-4103-014-0010 D-3 12 NW 7th Av WS 50ft S/0 NW 13th St F/N -1 59 01-3125-019-1620 D-5 13 NE 20th St NS 50ft E/0 N Miami Av F/W -1 79 01-3125-000-0120 D-2 14 14 NE 29th St SS 100ft W/O FEC RR Track F/E - 1 NE 29th St SS 100ft W/O FEC RR Track F/E - 2 15 5 River Dr 55 20ft W/0 NW 5th St F/W - 2 5 River Dr SS 20ft W/0 NW 5th St F/E -1 16 NW 7th Av ES 100ft N/O NW 30th St F/S - 1 17 NW 7th Av ES 120ft S/0 NW 23rd St F/N - 1 18 NW 2nd Av WS 140ft 5/0 NW 29th St F/N - 2 NW 2nd Av WS 140ft S/0 NW 29th St F/S - 1 19 NW 36th St SS 5ft W/O NW 10 Av F/E -1 NW 36th St S5 5ft W/O NW 10 Av F/W - 2 NW 36th St SS 5ft W/O NW 10 Av F/W - 3 20 NW 36 St 5S 30ft E/0 15 Ave F/E -1 NW 36 St SS 30ft E/O 15 Ave F/W - 2 21 NW 36th St NS 100ft W/O NW 19th Av F/E - 1 NW 36th St NS 100ft W/O NW 19th Av F/E - 2 22 NW 12th Av ES 20ft N/0 NW 21st Tr F/5 - 1 NW 12th Av ES 20ft N/D NW 21st Tr F/S - 2 23 NE 29th St 5S 150ft W/0 NE 2nd Av F/E - 1 NE 29th 5t SS 150ft W/0 NE 2nd Av F/W - 2 24 NW 2nd Av ES 25ft S/0 NW 52nd St F/N - 1 NW 2nd Av ES 25ft S/0 NW 52nd St F/S - 2 25 NW 54th St SS 100ft W/O NW 1st Av F/W - 2 NW 54th 5t SS 100ft W/O NW 1st.Av F/W - 3 NW 54th St SS 100ft W/O NW 1st Av F/E - 1 26 NW 7th Av WS 50ft 5/0 NW 75th St F/N - 2 NW 7th Av WS 50ft S/0 NW 75th St F/S - 1 NW 75th St 5S 100h W/0 NW 7th Av F/E - 1 27 NW 29th St NS 25ft E/0 NW 13th Av F/W -1 NW 29th St NS 25ft E/0 NW 13th Av F/E - 2 28 . N Miami Av ES 100ft N/O NE 25th St F/N - 1 N Miami Av ES 100ft N/0 NE 25th St F/S - 2 82 01-3125-004-0260 0-2 63 01-4138-003-0120 D-3 91 01-3125-024-2220 D-5 100 01-3125-035-0040 0-5 93 01-3125-024-3040 D-5 102/228 01-3126-028-0010 D-1 N/L 01-3126-038-0640 0-1 113 01-3122-040-0010 0-5 107 01-3126-073-0010 0-4 81 01-3125-004-0290 D-2 • 146 01-3124-013-0790 0-5 148/237 01-3124-013-0060 0-5 170 01-3111-035-2990 0-5 110 01-3126-039-4570 0-1 83 01-3125-010-0011 0-2 29 NW 7th Av ES 50ft N/O NW 20th St F/S -1 98 01-3125-035-0240 D-5 15 30 NW7AveES400ft5/0NW795tF/N-1 NW 7 Ave ES 400ft 5/0 NW 79 St F/S - 2 31 N Miami Av WS 200ft S/0 NW 74th St F/N - 2 N Miami Av WS 200ft S/0 NW 74th St F/S - 1 32 NE 14th St NS 75ft E/0 Miami Av F/W -1 33 NW 36th St NS 50ft E/O NW llth Av F/W - 1 34 NW 7th Av ES 50ft N/0 NW 26th St F/S - 2 NW 7th Av ES 50ft N/0 NW 26th St F/N - 1 35 836 Expwy NS 100ft E/0 NW 22 Av F/W -1 836 Expwy NS 100ft E/0 NW 22 Av F/E - 2 36 1-95 ES 150' N/0 NW 3 St (DDA)-1 1-95 ES 150' N/0 NW 3 St (DDA)-2 37 NW 36th St SS 100ft W/O NW 33rd Av F/W - 2 NW 36th 5t SS 100ft W/0 NW 33rd Av F/E -1 38 NW 8th Av WS 50ft S/0 NW 2nd St F/S - 1 NW 8th Av WS 50ft S/0 NW 2nd St F/N - 2 16 N/L 01-3111-006-0240 D-5 165 01-3112-068-0120 D-5 72 01-3136-005-1180 0-1 103 01-3126 021--0270 D-5 101 01-3125-047-0350 . 0-1 N/A 01-3134-075-0010 D-1 N/A N/A 01-0107-050-1091 D-2 N/A 129 01-3128-014-3440 D-1 64 01-4138-003-3250 0-5 Exhibit "M" LOCATION TO REBUILD AND CONVERT TO LED AS PER CITY OF MIAMI SECOND LED AMENDMENT Proposed Number of LED Exhibit D Zoning Media Proposed Location Proposed Location Faces Proposed Type/Action Folio Numbers Location Description Property Address 1. Bird Rd NS 1-14' x 48' 2 C-2 Replace existing 01-4116-019-0930 2991 SW 37th 100ft E/O Douglas unit at same Ave. Rd F/W location 2. Leleune Rd. E/5 2-14' x 48' N/A C-2 Relocate and 01-4105-010-0020 231 NW 42nd 950' N/O Flagler Reconstruct to Ave. a different 3. F/N & F/5 location 836 Expwy SS 1-14' x 48' Amended C-1 Relocate and . 01-3135-000-0164 1155 NW llth 100' E/O NW 12 Permit Reconstruct to St. Ave F/W a different location 4. SW 8 St NS 250' 1-12' x 25' 20 C-1 Replace existing 01-4106-011-1810 5615 SW 8th W/O SW 56 Ave unit at same St. F/W location 5. SW 27th Ave 1-12' x 25' 8 C-1 Replace existing 01-4110-002-2650 1651 SW 27th ES 50' N/0 SW 16 unit at same Ave. Terr F/N location 6. NW 37th Ave 1-12' x 25' 34 C-1 Replace existing 01-4104-023-0190 435 NW 37th ES 75' S/O NW 4 unit at same Ave. St F/N location 7. NW 57th Ave 1-12' x 25' 29 C-2 Replace existing 01-4001-003-3040 601 NW 57th WS250'5/0NW unit at same Ct.' 7th St F/S location 8. W Flagler St SS 1-12' x 25' 25 C-1 Replace existing 01-4001-001-0010 5700 West 15' E/0 SW 57th unit at same Flagler St. Ct F/E location 9. Douglas Rd EL 1-12' x 25' 2 C-2 Replace existing 01-4116-019-0930 2991 SW 37th 100' N/O Bird Rd unit at same Ave. F/N location 10. 2170 NW 11 1-14' x 48' N/A C-1 Relocate and 01-3134-051-0300 2170 NW 11th St (Single Reconstruct to St. Face/East) a different location 11. 6695 W. Flagler St F/W 12. NW 27 Ave ES 100' N/O NW 8 St F/N 2-12' x 25' N/A C-1 Relocate and 01-4001-021-3860 6695 W. Reconstruct to Flagler St. a different location 1-12' x 25' 40 C-1 Replace existing 01-3134-035-0330 801 NW 27th unit at same Ave. location 17 City of Miami Legislation Resolution: R-09-0380 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-01400 Final Action Date: 7/23/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING, SUBJECT TO THE ENACTMENT OF LEGISLATION AMENDING THE MIAMI ZONING ORDINANCE TO PERMIT LED SIGNS, THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO SETTLEMENT AGREEMENT, BETWEEN THE CITY OF MIAMI AND CLEAR CHANNEL OUTDOOR, INC., IN SUBSTANTIALLY THE ATTACHED FORM. WHEREAS, subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Commission wishes to authorize the City Manager to execute the attached First Amendment to Settlement Agreement; 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. Subject to the enactment of legislation amending the Miami Zoning Ordinance to permit LED Signs, the City Manager is authorized{1 } to execute the First Amendment To Settlement Agreement between the City of Miami and Clear Channel Outdoor, Inc., in substantially the attached form. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City. City of Miami Page 1 of 1 File Id: 08-01400 (Version: 3) Printed On: 5/3/2016 vY) iut CMt / L FIRST AMENDMENT TO SETTLEMENT AGREEMENT THIS FIRST AMENDMENT to the July 8, 2004 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 Clear Channel Outdoor, Inc., a Delaware corporation ("CCO"). RECITALS A. The City and CCO are Parties to that certain Settlement Agreement dated July 8, 2004 (the "Agreement"). B. The City and CCO wish to, and by this Amendment 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. C. There is currently pending a lawsuit styled Jackson Soul Food, Inc. et al, v. Southeast Overtown/Park West Community Redevelopment Agency, Case No. 05-09022 CA 11 in which CCO has intervened (the "Litigation"). In the Litigation, the Southeast Overtown/Park West Community Redevelopment Agency (the "CRA") claims that CCO's billboard located at 936 NW 3rd Avenue, Tax Folio Number 01-0102070-1020 (the "JEJ Properties, Inc. Sign") was erected in violation of a covenant restricting the use of the property solely for parking, which CCO strongly denies. Each of the covenants, agreements and obligations of the parties under this Amendment are expressly subject to and conditioned upon the dismissal with prejudice of the Litigation so as to allow the JEJ Properties, Inc. Sign to remain (the "Dismissal"). 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 CCO 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. Voluntary Removal of Bird Road Signs. CCO shall, at its sole cost and expense, permanently and voluntarily remove its Signs and all apparatus associated therewith ("Sign Structures") listed on Exhibit H, and shall do so in accordance with and subject to the terms and conditions set forth in Recital C and Sub -section 6.10 hereof. In fulfilling this commitment, CCO shall comply with any and all local requirements, including permit requirements and the City shall issue any and all necessary permits associated therewith. 183936 3. Voluntary Removal of Signs on Exhibit I. CCO shall, at its sole cost and expense, permanently and voluntarily, remove its Signs and Sign Structures listed on Exhibit I, and shall do so in accordance with and subject to the terms and conditions set forth in Recital C and Sub -section 6.10 hereof. In fulfilling this commitment, CCQ shall comply with any and all local requirements, including permit requirements and the City shall issue any and all necessary permits associated therewith. 4. Waiver of Just Compensation. CCO hereby expressly waives any right to receive from the City just compensation for the removal of any Signs or Sign Structures pursuant to this Amendment and the Agreement, whether such a 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; or any other authority under local, state or federal law. 5. Payment in Lieu of Removal. Within five (5) days following the issuance of all necessary final governmental approvals, authorizations and permits necessary for the replacement of four (4) Signs faces and one (1) poster size Sign face with five(5) LED Signs faces, i.e., Sign faces having the characteristics described in Sections 6.5 through 6.8 hereof ("LED Sign faces"), as provided in Section 6 hereof, CCO shall pay the CRA a one-time only payment of eighty thousand dollars ($80,000.00) (the "CRA Payment"). Moreover, the City shall give CCO a one-time credit of forty thousand dollars ($40,000.00) against CCO's NEA payment due to the City for the year in which the CRA Payment is made per Section 11(b) of the Agreement (the "NEA Credit"), but only after the CRA confirms receipt of the CRA Payment. The City agrees to indemnify and hold harmless CCO from any claims that may be made by the NEA or beneficiaries of the NEA as a result of the NEA Credit. 6. LED Sign faces. 6.1 Notwithstanding anything to the contrary contained in the Agreement, CCO shall be permitted to replace four (4) existing Sign faces and one (1) existing poster size Sign face with LED Sign faces at the following "Designated Locations" within the City of Miami in accordance with this Section 6: 1) I-95 W/S 100ft S/O SW 8t'' Street F/N, 818 SW 4th Avenue , Folio No. 0102060001020; 2) I-95 E/S 75ft S/O NW 10th Street F/S, 936 NW 3r1 Avenue, Folio No. 0101020701020; 3) I-395 N/S .35mi E/Q I-95 F/W, 1413 NW 1st Place, Folio No. 0131360510590; 4)_I-95 W/L 25 ft S/O NW 79th Street, 7836 NW 6th Court, Folio No. 0131120170380; and 5) I-95 E/S 150 ft N/O NW 3rd Street, 401 NW 3rd Avenue, Folio No. 0101070501091. 6.2 CCO will pay to the NEA program an additional annual payment in the amount of $15,000.00 for years 1 through 6 of this Amendment, $20,000.00 for years 7 through 13 of this Amendment, and $25,000.00 for years 14 through the termination of the Agreement (the "NEA LED Payment") for each LED Sign face per year for each LED Sign face erected for so long as such LED Sign face remains erected. For further clarity, the first annual NEA LED Payment for a LED Sign face is due immediately upon the City's issuance of the Building Permit for the erection of that LED Sign face. If, 183936 however, the City's Building Permit expires without the LED Sign face being constructed or erected, then the City will promptly refund to CCO the first annual NEA LED Payment with fifteen days of expiration. Subsequent NEA LED Payments are due on the anniversary of the first NEA LED Payment, unless the first NEA LED Payment has been refunded. The NEA LED Payment shall be adjusted annually, either up or down, based upon the consumer price index for the Metropolitan Miami -Dade area (the "CPI Adjustment"). The CPI Adjustment shall begin on the third anniversary date of the first NEA LED Payment. 6.3 In addition, the City will have access to use the LED Sign faces through the State of Florida's Office of Emergency Management (the "OEM"), upon official activation of the OEM for certain limited emergency reasons such as hurricanes, amber alerts, and police or fire emergency situations. Such access shall be subject to the agreements CCO has in place from time to time with the FBI, State of Florida and the OEM. 6.4 In the event the view of any LED Sign face is substantially impaired from the roadway, highway or expressway from which it is intended to be viewed, or CCO is unable to install and/or operate an LED Sign at a Designated Location through no fault of CCO, then CCO shall have the right to relocate the affected LED Sign face to another location of similar value for outdoor advertising purposes within the City of Miami along an expressway at which CCO then owns a Sign and Sign Structure as selected by CCO, subject to the approval of such other location by the City Commission. The City shall not impose, as a condition for its approval of a relocation under this paragraph, that: (a) CCO make any payment to the City; (b) that CCO take down any additional Signs or Sign Structures; (c) that CCO reduce the size or height of the LED Sign(s) so relocated; or (d) that CCO operate the LED Sign(s) so relocated in any manner that is materially inconsistent with the previous operation of the LED Sign(s) by CCO, including, without limitation, requirements (i) that CCO reduce the hours of operation of the LED Sign(s), (ii) that CCO display advertising in increments that are greater than eight seconds or increments permitted by FDOT regulations (whichever increment is greater); (iii) that CCO limit the amount or frequency of commercial advertising displayed on the LED Sign(s); or (iv) except as required by Section 6.3 hereof, that CCO display messages benefitting any entity or cause. The term "expressway" shall mean I- 95, I-195, I-395, SR 112, SR 826 and SR 836. If required, the City shall issue all necessary approvals and permits to CCO to so relocate the affected LED Sign and LED Sign Structure. 6.5 In addition to FDOT's spacing requirements, LED Sign faces facing in the same direction shall be placed at a minimum of six hundred (600) feet apart, irrespective of whether they are placed on the same or different sides of the roadway, highway or expressway. In the case of LED Sign faces 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. 6.6 LED Sign faces are restricted to one (1) LED Sign face per Sign 183936 Structure. 6.7 The four (4) LED Sign faces shall have digital advertising faces no larger than 14' x 48'. The one (1) LED poster size Sign face shall have a digital advertizing face no larger than 14' x 24'. The four (4) LED Sign structures and the one (1) poster size LED Sign structure shall be constructed in the manner depicted and described in Exhibit K, attached and incorporated hereto. 6.8 LED Sign faces shall allow for display of remotely changeable off - premise advertising in increments of eight seconds, or increments permitted by FDOT regulations, whichever increment is greater. 6.9 If an existing Sign Structure at one or more of the Designated Locations is insufficient to support an LED Sign face, CCO may replace the Sign Structure with a Sign Structure which is sufficient to support an LED Sign face. If required, the City shall issue all necessary approvals and permits to CCO to so replace such Sign Structure. 6.10 CCO may only submit one building permit for an LED Sign face at a time. The first building permit may only be submitted following the dismissal with prejudice of the Litigation. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the first LED Sign face, CCO shall, at its sole cost and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign Structures: the two (2) Signs and Sign Structures listed on Exhibit H and Sign numbers 162 and 163 listed on Exhibit I. CCO may not apply for a building permit for the second LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub - Section. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the second LED Sign face, CCO shall at its sole cost and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign Structures: Sign numbers 247, 105, 118 & 174 listed on Exhibit I. CCO may not apply for a building permit for the third LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub -Section. Within fifteen (15) days after CCO's receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the third LED Sign face, CCO shall at its sole costs and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign structures: Sign numbers 71, 27, 133 & 47 listed on Exhibit I. CCO may not apply for a building permit for the fourth LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub -Section. Within fifteen (15) days after 183936 CCO' s receipt of all necessary final governmental approvals, authorizations and permits (including, without limitation, all necessary governmental approvals, authorizations and permits from FDOT) for the erection, installation and operation of the third LED Sign face, CCO shall at its sole costs and expense, permanently and voluntarily remove (if not already theretofore removed) the following Signs and Sign structures: Sign numbers 105, 235, 174 & 5 listed on Exhibit I. CCQ may not apply for a building permit for the fifth poster size LED Sign face until it has completed the removal of the Signs and Sign Structures listed in the immediately preceding sentence of this Sub -Section. 7. Gateway Map to be Added. Section 3.b of the Agreement is amended to include the following additional language: A map designating "Gateways" as that term is used in Exhibit E is attached hereto as Exhibit E-1 and is on file with the City Clerk's Office. As used in this Agreement, "Gateways" means those areas of the City of Miami designated on the map attached as Exhibit E-1 where, irrespective of Zoning Districts and corresponding restrictions, CCO Signs, are not permitted. In the event CCO's existing Sign and Sign structures are in the Gateways area, such Sign and Sign structures shall be permitted to remain in those areas at the sole discretion of CCO, but only if those Signs and Sign structures are listed on Exhibit D or were erected with an Amended Permit or an Initial Amended Permit. 8. Assignments/Binding Nature. Paragraph 19.f. of the Agreement is deleted and replaced with the following language: f. 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. CCO agrees not to assign, transfer or convey (collectively "assignment") any ownership in any CCO Sign identified in Exhibit D unless the assignee shall execute an agreement to be bound by the terms and conditions of this Agreement. 9. Selection of Signs to be Removed for Amended Permits. There shall be added sub -paragraphs 3.i. and 3.j. to the Agreement which shall read as follows: i. Notwithstanding anything to the contrary in this Agreement, for the issuance of the l 5th Amended Permit, the City may select the Signs and Sign structures to be removed by CCO from those Signs listed on Exhibit J. j. No Sign or Sign structure shall be erected based on an Amended Permit until the Signs and Sign structures required to be removed pursuant to the Agreement are removed. 183936 10. Governing Law/Jurisdiction/Venue. Paragraph 19.b. of the Agreement shall be deleted and replaced with the following language: b. Governing Law. This Agreement shall be construed and controlled by the laws of the State of Florida, and the Parties further consent to jurisdiction, if available, and venue in the federal district courts sitting in Miami -Dade County, Florida. If, and only if, the federal district court lacks jurisdiction, the parties consent to jurisdiction and venue in the state circuit court in Miami -Dade County, Florida. CCO waives all defenses of lack of personal jurisdiction and forum non conveniens. Process may be served on either Party in the manner authorized by applicable law or court rule. 11. Correction to Exhibit D. Exhibit D to the Agreement shall be amended to reflect that: (a) Sign #1 bears an incorrect address; the correct address is 3010 SW 37 Avenue; (b) Sign #180 bears an incorrect folio number; the correct folio number is 01- 4121-004-0040; (c) Sign #181 bears an incorrect address; the correct address is 3635 S. Dixie Highway. 12. CCO to Indemnify and Hold Harmless the City. This Amendment contemplates the removal of existing Signs and Sign Structures in exchange for CCO's right to replace existing Sign faces with LED Sign faces in prime expressway locations. It is recognized that CCO may have lease agreements with property owners (the "Property Owners") relating to existing Signs and Sign Structures that CCO is voluntarily obligating itself to remove, or may elect to remove, under the terms of this Amendment and the Agreement. Consequently, CCO agrees to indemnify the City from any lawsuit, and shall defend with counsel designated by CCO and reasonably acceptable to the City, and hold the City harmless, against any claim asserted by an affected Property Owner arising from the removal of the Signs and Sign Structures that are removed after the Amendment Effective Date under the terms of this Amendment or the Agreement. 13. Future LED Sign Regulation. CCO agrees to comply with and be bound by all federal, State of Florida, Miami -Dade County and City sign regulations regarding LED Signs adopted prior to or after the date of this Amendment, but, during the term of the Agreement, any City regulation now in effect or adopted after the date of this Amendment shall not be applied to diminish CCO's rights to maintain and operate the four LED Sign faces and one (1) poster size LED Sign face (including any LED Sign faces relocated pursuant to Section 6.4 hereof) granted under this Amendment. 14. 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. 15. 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. 183936 16. 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. 17. Representations and Warranties. CCO 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 CLEAR CHANNEL OUTDOOR, INC. By: By: City Manager Its: Dated: , 2009 Dated: , 2009. Attest: City Clerk Dated: , 2009. APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie O. Bru City Attorney 183936 LeeAnn Brehm Risk Management Director Exhibit H Sign No. Street Address of Sign Tax Folio No. Location Sign type No. Face s Zoning 70 1 3010 SW 37 Ave 01-4117-003-1730 Bird Rd SS 1130ft W/O Douglas Rd F/W -3 2 71 179 3820 Bird Road 01-4117-003-1900 Bird Rd SS 80ft E/O SW 38th Ct F/E — 1 1 183936 Clear Channel —City of Miami CCO Signs already removed or in the process to be removed Exhibit I Sign No. Street Address of Sign Tax Folio No. Location Sign Type 72 162 7889 N Bayshore Drive 01-3208-008-0530 NE 79th St. SS 10' W/O NE 11th Ave 73 163 1165 NE 79 St 01-3208-011-0060 NE 11 Av ES 50' N/O NE 79 St. SF-E 74 247 1177 NE 79 St 01-3208-011-0080 NE 79 St, NS 50' W/0 NE 12 Av F/E-2 75 105 2148 NW 10 Ave. 01-3126-054-0060 NW 10 Av WS 100' N/O NW 21 St F/S-1 76 118 1781 NW N River Dr. 01-3134-000-0060 N River Dr NS 30' W/O NW 18 Av F/E-1 77 174 7011 NW 7 Ave. 01-3113-024-1060 NW 7 Ave ES 280' S/O NW 71 St 78 65 737 NW 4 St 01-0200-010-3010 NW 5 St BRG SL 100' E/O NW 8 Av 79 71 800 NW 12 Av 01-3135-022-0060 NW 12 Ave WL 300' N/0 NW 7 St 80 27 25 NW 57Av 01-4106-015-0170 NW 57 Av ES 100' N/0 Flagler St F/S-4 81 133 5211 NW 17th Av 01-3122-052-0560 NW 17 Av ES 100' S/0 NW 53 St F/N-1 82 47 717 SW 17 Av 01-4102-012-0070 SW 17 Av ES 100' N/O SW 8 St F/N-1 83 105 2148 NW 10 Ave 01-3126-054-0060 NW 10 Av W/S 100' N/O NW 21 St 84 235 1096 NW 54 Street 01-3123-006-1141 NW 54 St S/L 50' E/O NW 11 Ave 85 174 7011 NW 7 Ave 01-3113-024-1060 NW 7 Av ES 280' S/O NW 71 St 86 5 3206-08 Grand Ave 01-4121-007-4480 Grand Av SS 100' W/O Commodore Plaza 183936 EXHIBIT J Loc. Descri •tion cat Exhibit D # Grand Av SS 25ft W/0 Margaret St F/E -1 . Miami 7 Grand Av SS 25ft W/O Margaret St F/W -1 Miami 7 Grand Av SS 100ft W/O Commodore P1 F/N - 1 Miami 5 Grand Av SS 100ft W/O Commodore PI F/N - 2 Miami 5 Le Jeune Rd ES 288ft S/0 NW 9th St F/N -1 Miami 199 Le Jeune Rd ES 288ft S/O NW 9th St F/S - 2 Miami 199 NW 27th Av WS 85ft S/0 NW 4th St F/N - 2 Miami 39 & 202 NW 27th Av WS 85ft S/O NW 4th St F/S -1 Miami 39 & 202 NW 22nd Av WS 50ft S/O NW 3rd St FIS -1 Miami 13 NW 22nd Av WS 50ft S/O NW 3rd St F/S - 2 Miami 13 NW 22nd Av WS 50ft S/O NW 3rd St F/N - 3 Miami 13 NW 22nd Av WS 50ft S/O NW 3rd St F/N - 4 Miami 13 NW 62nd St NS 10ft W/O N Miami Av F/E -1 Miami 151 & 152 N Miami Av WS 10ft N/O NW 62nd St FIS - 1 Miami 151 & 152 N Miami Av WS 50ft N/O NW 62nd St FIS - 1 Miami 151 & 152 NW 62nd St NS 25ft W/O N Miami Av F/W - 1 Miami 151 & 152 NW 62nd St NS 25ft W/0 N Miami Av FM/ - 2 Miami 151 & 152 N Miami Av ES 200ft N/0 NE 73rd St F/N -1 Miami 166 N Miami Av ES 200ft NJO NE 73rd St F/N - 2 Miami 166 N Miami Av ES 200ft N/0 NE 73rd St F/S - 3 Miami 166 N Miami Av ES 200ft N/O NE 73rd St F/S - 4 Miami 166 NW 7th Av WS 50ft S/0 NW 75th St FIN - 2 Miami 170 NW 7th Av WS 50ft S/O NW 75th St FIS -1 Miami 170 NW 75th St SS 100ft W/O NW 7th Av F/E -1 Miami 170 NW 7th Av WS 50ft N/O NW 70th St F/N - 2 Miami 173 NW 7th Av WS 50ft N/0 NW 70th St F/S - 1 Miami 173 1 EXHIBIT J Loc. Descri •tion City Exhibit D # Le Jeune Rd ES 50ft S/O NW 9th St F/N - 1 Miami 198 Le Jeune Rd ES 50ft S/O NW 9th St F/S - 2 Miami 198 Le Jeune Rd E/L 288ft S/O NW 9th St.-1 Miami 197 Le Jeune Rd E/L 288ft S/O NW 9th St.- 2 Miami 197 Le Jeune Rd ES 225ft N/O NW 9th St F/N - 1 Miami 194 Le Jeune Rd ES 225ft N/0 NW 9th St F/S - 2 Miami 194 NE 14th St NS 75ft E/O Miami Av F/W -1 Miami 72 NW 2nd Av ES 25ft S/O NW 52nd St F/N - 1 Miami 146 NW 2nd Av ES 25ft S/0 NW 52nd St F/S - 2 Miami 146 2 Q 7'-0" +1- 9 ui S 6 O yc SCOPE OF WORK: YESCO MANUFACTURE (2) 20MM FULL COLOR LED MESSAGE DISPLAYS FOR DOUBLE FACE DIGITAL BILLBOARD. MATRIX: 200 X 704 FABRICATE BRUSHED ALUMINUM FRAME FOR LED DISPLAY UNIT, TRIM DECOR AND POLE COVER. 6;4 l< " OA 40'-2 " VO 4T-9 " —20mm FULL COLOR LED MESSAGE UNIT. rsg f_ --ILLUMINATED BLUE COVED NON DECOR. CUSTOM 2" HOLE ON =1" CENTER PERFORATED 1ST SURFACE PANELS PAINTED METALLIC SILVER. OVERLAY ON PAINTED BLACK BASE. FCO RETAINER DECOR. DOLE E FACEDIGITAL B(LLEOARD SCA L'.iRVCAIIL Iuux:uc ' LLZOAtO City of Miami Legislation Resolution: R-04-0463 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00781 Final Action Date: 7/8/2004 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING A SETTLEMENT OF APPELLATE CASE NOS. 02-284-AP; 02-330-AP; AND 02-477-AP; MARK'S CLASSICS CORP. ET AL. V. CITY OF MIAMI; APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AGREEMENT IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI ("CITY") AND CLEAR CHANNEL OUTDOOR ("CCO"), AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, TO RESOLVE THE LITIGATION AND ADMINISTRATIVE PROCEEDINGS THAT HAVE ACCOMPANIED THE CITY'S EFFORTS TO ENFORCE ZONING REGULATIONS APPLICABLE TO CCO'S OUTDOOR ADVERTISING SIGNS ("BILLBOARDS") LOCATED WITHIN THE CITY; PROVIDING FOR REMOVAL OF CERTAIN BILLBOARDS AND THE ISSUANCE OF AMENDED PERMITS; PROVIDING FOR PAYMENT OF AMENDED PERMIT FEES, BACK PERMIT FEES AND REIMBURSEMENT OF THE CITY'S FEES AND EXPENSES TOTALING APPROXIMATELY ONE MILLION THREE HUNDRED THOUSAND DOLLARS ($1,300,000) AND PROVIDING FOR CCO TO PROVIDE OUTDOOR ADVERTISING SPACE FOR DISPLAY OF CITY -PREPARED ADVERTISING AT A RETAIL VALUE OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE AGREEMENT; PROVIDING FOR THE PAYMENT OF AN ANNUAL SETTLEMENT FEE TO THE CITY OF TWO HUNDRED FIFTY THOUSAND DOLLARS ($250,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT, TO BE USED FOR PUBLIC PROJECTS BENEFITING THE AFFECTED NEIGHBORHOODS ON A PRO-RATA BASIS; PROVIDING FOR THE ESTABLISHMENT OF A NEIGHBORHOOD ENHANCEMENT ACCOUNT OF FIFTY THOUSAND DOLLARS ($50,000) PER YEAR DURING THE 25-YEAR TERM OF THE SETTLEMENT AGREEMENT; AND PROVIDING FOR STATUS, RETROFITTING, REPLACEMENT AND RELOCATION OF REMAINING SIGNS. WHEREAS, the City of Miami ("City") and Clear Channel Outdoor ("CCO"), have been involved in Code Enforcement and legal proceedings relating to the City's sign regulations and Zoning Ordinance; and WHEREAS, the aforementioned proceedings, since April 2001, have resulted in extensive administrative enforcement proceedings and litigation now pending in the Appellate Division of the 11 th Circuit Court in and for Miami -Dade County: Mark's Classics Corp. et al. v. City of Miami, Appellate Case Nos. 02-284-AP; 02-330-AP; and 02-477-AP; and WHEREAS, the aforementioned litigation represents a dispute between the City and CCO regarding the legality of City Ordinances regulating outdoor advertising signs ("signs") and the applicability of certain City Ordinances to billboards owned by CCO; and City of Miami Page 1 of 3 File Id: 04-00781 (Version: 1) Printed On: 5/3/2016 File Number: 04-00781 Enactment Number: R-04-0463 WHEREAS, the City and CCO desire to resolve their ongoing dispute pursuant to the provisions of the attached Settlement Agreement ("Settlement Agreement"); and WHEREAS, under the Settlement Agreement, CCO has agreed to remove over 200 signs supporting over 500 sign faces; and WHEREAS, the proposed settlement will result in the payment of amended permit fees, back permit fees and other related expenses totaling in excess of One Million Three Hundred Thousand Dollars ($1,300,000) and additional annual settlement fees of Two Hundred Fifty Thousand Dollars ($250,000) for each of the next 25 years (totaling an additional $6,250,000); and WHEREAS, CCO will provide the City outdoor advertising space within the major media markets in Florida for the display of City -prepared advertising materials, up to a retail value of Fifty Thousand Dollars ($50,000) per year during the 25-year term of the Settlement Agreement (totaling $1,250,000); and WHEREAS, CCO will establish a neighborhood enhancement account of Fifty Thousand Dollars ($50,000) per year during the 25-year term of the Settlement Agreement to support community activities in districts where CCO's signs are located (totaling $1,250,000); and WHEREAS, execution of this Settlement Agreement will not deprive the City of the right to proceed with normal condemnation or purchase proceedings to remove any CCO signs if so desired; and WHEREAS, the resolution of the legal enforcement proceedings giving rise to this settlement is in the best interest of the City of Miami; 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. A settlement of the administrative code enforcement proceedings and litigation in the case of Mark's Classics Corp. et al. v. City of Miami, Appellate Case Nos. 02-284-AP; 02- 330-AP; and 02-477-AP, in the Appellate Division of the 11 th Circuit Court in and for Miami -Dade County, pursuant to the terms of the Settlement Agreement, attached, is accepted. Section 3. The City Manager is authorized{1} to execute a Settlement Agreement, in substantially the attached form, between the City and Clear Channel Outdoor ("CCO") and all necessary documents in a form acceptable to the City Attorney, to resolve the litigation and administrative proceedings that have accompanied the City's efforts to enforce zoning regulations applicable to CCO's outdoor advertising signs located within the City. Section 4. CCO shall pay the City One Million Three Hundred and Two Thousand Eight Hundred and Five Dollars ($1,302,805) to resolve all code enforcement related proceedings and for the issuance of amended permits as set forth in the Settlement Agreement. CCO shall also City of Miami Page 2 of 3 File Id: 04-00781 (Version: 1) Printed On: 5/3/2016 File Number: 04-00781 Enactment Number: R-04-0463 make annual settlement payments to the City of Two Hundred Fifty Thousand Dollars ($250,000) per year during the 25-year term of the Settlement Agreement, shall establish a neighborhood enhancement account of Fifty Thousand Dollars ($50,000) per year during the term of the Settlement Agreement, shall provide advertising space valued at Fifty Thousand Dollars ($50,000) per year during the term of the Settlement Agreement, shall remove signs as set forth in the Settlement Agreement, and shall retrofit signs and may retain certain signs as provided by the Settlement Agreement. The City will use the annual settlement fees of $250,000 per year to mitigate the impact of the Signs erected pursuant to the Amended Permits on Exhibit G to the neighborhoods in which these Signs are erected. Accordingly, the City Commission will approve distribution and use of these annual settlement fees for projects benefiting the affected neighborhoods, on a pro-rata basis, with such projects to include for example public parks, public spaces, gateways and/or other public works to assist the community needs of these affected neighborhoods. Section 5. The City Manager is also authorized{1} to initiate and implement, in consultation with the City Attorney, all administrative actions and proceedings necessary to effectuate the settlement and the terms of the Settlement Agreement. Section 6. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} 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 File Id: 04-00781 (Version: 1) Printed On: 5/3/2016 SETTLEMENT AGREEMENT This Settlement Agreement is made and entered into as of this 8th day of July, 2004, by and between the City of Miami (the "City"), a Florida municipality, and Clear Channel Outdoor, Inc. ("CCO"), a Delaware corporation, registered in Florida as CC Outdoor, Inc. d/b/a Clear Channel Outdoor. 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. Signs which CCO erected in accordance with the City's former zoning ordinances do not conform with the City's current Sign regulations. B. As of April 2001, CCO owned 452 Signs in the City. Since April 2001, disputes have arisen between CCO and the City regarding City ordinances regulating Signs, the applicability of certain City ordinances to Signs owned by CCO, 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 11 th Circuit Court in and for Miami -Dade County: Marks Classics Corp., et al. v. City of Miami, Appellate Case Nos. 02-284-AP; 02-330-AP; and 02-477-AP. C. The City and CCO 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 is hereby acknowledged, the City and CCO hereby agree as follows: 7/1/2004 10:22 AM (2K) MIAMI 403996 v 19 [405966_19.DOCI AGREEMENT 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated into and made part of this Agreement. 2. Sign Inventory and Removal of Signs. CCO owns all Signs listed on Exhibits A, B, and D, and to the best of CCO's knowledge there are no other Signs within the City that are currently owned by CCO or any of its subsidiaries, affiliated corporations, or entities. To the best of CCO's knowledge: (a) the information set forth in the attached Exhibits A, B, and D accurately describes all of CCO's inventory of Signs within the City; (b) Exhibits A, B, and D identify the zoning district in which each CCO Sign is located; and (c) CCO has already removed or is in the process of removing the Signs listed in Exhibit C. To resolve this dispute with the City and based on the City's undertakings herein, CCO will initially remove a total of 211 Signs containing 505 Sign faces, as set forth below. The Signs to be removed will include all Sign types (8-sheets, posters, and bulletins) and will be from various zoning districts including C-1, C-2, and Special Districts. For each Sign to be removed, CCO has provided the City, on the exhibits attached to this Agreement, the street address, the tax folio number, the location, the type, the number of faces, and the zoning district information from CCO's files. The City of Miami will not require any permits for CCO to remove the Signs on the attached exhibits and described below: a. By September 30, 2004, CCO will remove the 69 Sign structures with 165 Sign faces listed on Exhibit A. Provided the City takes no action to compel either the removal of such Signs or their compliance with any City ordinances applicable to Signs prior to the voluntary removal deadline set forth herein, with respect to each of the 69 structures with 165 Sign faces listed on Exhibit A, CCO expressly waives any right to receive from the City just 7/1/2004 10:22 AM (2K) MIAMI 405966 vI9 [405966_19.DOCI -2- 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. b. Unless an alternative arrangement is approved by the City Commission, by December 31, 2004, CCO will remove the 92 Sign structures with 226 Sign faces listed on Exhibit B. Provided the City takes no action to compel either the removal of such Signs or their compliance with any City ordinances applicable to Signs prior to the voluntary removal deadline set forth herein, with respect to each of the 92 structures with 226 Sign faces listed on Exhibit B, CCO 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. c. CCO has already removed or is currently in the process of removing the 50 structures with 114 Sign faces listed on Exhibit C. Those signs on Exhibit C not already removed will be removed by December 31, 2004. Provided the City takes no action to compel either the removal of such Signs or their compliance with any City ordinances applicable to Signs prior to the voluntary removal deadline set forth herein, with respect to each of the 50 structures with 114 Sign faces listed on Exhibit C, CCO 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, 7lIl2004 10:22 AM (2K) MIAMI 405966 vt9 (405966_I9:DOC) -3- Section 6 of the Florida Constitution; Amendments V and XIV of the United States Constitution; or any other authority under state or federal law. d. Set forth on attached Exhibit D is a list of all CCO Signs which will remain in the City following the removal of the Signs listed on Exhibits A, B, and C. (i) Within six months of the effective date of this Agreement, CCO will remove 25% of its rooftop signs. Within five years thereafter it will remove 25% of its remaining rooftop inventory. Within twenty years thereafter, it will remove 50% of its remaining rooftop inventory. Provided the City takes no action to compel either the removal of the Sign faces described in this subparagraph 2.d.(i) or their compliance with any City ordinances applicable to Signs prior to the voluntary removal deadline set forth herein, with respect to each of the rooftop Sign structures removed under this subparagraph 2.d.(i) CCO 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. (ii) In addition to the removal of the C-1, C-2, and Special District Signs listed on Exhibits A, B, and C, within twenty-five years of the effective date of this Agreement CCO will have removed 25% of its C-1 Signs listed on Exhibit D. Provided the City takes no action to compel either the removal of such Signs or their compliance with any City ordinances applicable to Signs prior to the voluntary removal deadline set forth herein, with respect to each of the Sign structures removed under this subparagraph 2.d.(ii), CCO hereby expressly waives any right to receive from the City just compensation therefor, whether such claim for just compensation is predicated on Section 70.001, 70.20(9) or 479.15(2), Florida 711/2004 10:22 AM (2K) MIAMI 405966 v19 (405966_19.00C) -4- 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. 3. Amended Permits. In recognition of CCO's removal of the numerous Sign structures and Sign faces described in this Agreement and waiver of just compensation therefor, the City will amend a maximum of 15 existing Sign permits (the "Amended Permits") to allow CCO to transfer the permit rights associated with such Signs to new locations on the terms and conditions set forth below: a. The City will amend up to a maximum of 15 permits for Signs based on CCO's removal of Signs on a two for one basis: for every two bulletin faces removed, one bulletin face may be erected with an Amended Permit; for every four poster faces removed, two poster faces or one bulletin face may be erected with an Amended Permit. CCO will be given credit toward Amended Permit applications for all Signs on Exhibit C other than 8-sheets. No credit toward Amended Permits will be given for the removal of 8-sheets; b. Amended Permits will allow Signs only along those portions of Federal Aid Primary Highways listed on Exhibit E, and such Signs may be built to the height allowed by FDOT regulations; c. Upon application by CCO, showing compliance with the provisions of this paragraph, the City will amend existing Sign permits to allow the transfer of permit rights associated with such Sign or Signs to locations within the same or a Tess restrictive zoning district; d. Each application for an Amended Permit shall comply with applicable structural, electrical and engineering requirements and all FDOT requirements for outdoor 7/112004 10:22 AM (2K) MIAMI 405966 v19 (4115966_19,DOC1 -5- advertising signs. CCO shall immediately implement the retrofit requirements of paragraph 8 for any structure which is erected pursuant to an Amended Permit; e. CCO will pay the City a one-time permit amendment fee as follows: (a) $20,000 for each Amended Permit structure in a C-2 zoning district; and (b) $50,000 for each Amended Permit structure in a C-1 zoning district. For purposes of the limited number of Amended Permits under this Agreement, C-1 includes all C-1 and any Special District for which C-1 is or was the underlying district on or before the date of this Agreement, unless the ordinance creating the Special District, and passed prior to the date of this Agreement, specifically prohibits all outdoor advertising signs. £ During the term of this Agreement, the City shall take no action to compel any CCO Sign which is the subject of an Amended Permit under this paragraph to come into compliance with City Sign ordinances currently or formerly in effect or hereafter adopted. Subject to CCO's payment of the fees set forth herein and its compliance with all applicable FDOT regulations and the other requirements set forth in paragraphs 3(c), 3(d) and 5(a), no further City zoning authorization, building permit, or other approval of any kind shall be required for any Sign which is the subject of an Amended Permit. g• 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 the real property where it will be located. CCO and the City acknowledge that CCO bears the sole risk of finding, securing and maintaining the sites for its Amended Permits, and that its failure to find and secure suitable sites or to take advantage of the Amended Permit rights granted herein shall not give rise to any claim for compensation or other relief from the City, and CCO expressly waives any such claim arising out of such failure. CCO's Amended Permit rights as provided 7J1/2004 10:22 AM (2K) MIAMI 403966 v19 [4U5966_19.DOC] -b- herein are not dependent in any way on its ability to find or secure sites for the Signs subject to the Amended Permits. h. The City will not issue Amended Permits under this paragraph more than five years after the effective date of this Agreement. 4. Default. a. CCO agrees to pay the City a liquidated penalty of $10,000 per day per Sign for any Sign listed on Exhibits A, B, and C which it does not remove in accordance with the terms set forth herein. The City shall not be entitled to receive the per diem penalty set forth in this paragraph until it has notified CCO of each Sign it claims CCO has failed to remove and it has provided CCO 30 days notice within which to remove such Sign or Signs. To secure its obligation to remove Signs under this Agreement, CCO shall, on the later of December 31, 2004 or 60 days from CCO's receipt of the Amended Permits on Exhibit G, post a performance bond equal to the total assessed value of each Sign listed on Exhibits A, B, and C that still remains in a C-1, C-2, or Special District. In the event CCO fails to perform its obligations under this Agreement, the City also shall be entitled to all legal and equitable remedies allowed under Florida law, including the remedies of specific performance and injunctive relief. b. No later than July 31, 2029 CCO will deliver to the City a list of the C-1 Signs on Exhibit D comprising the 25% of such C-1 Signs that CCO has removed under this Agreement. If the City determines that CCO has not removed 25% of the C-1 Signs on Exhibit D, the City shall promptly notify CCO and CCO shall have 30 days following receipt of such notice to comply. For each day thereafter CCO fails to comply, the City shall be entitled to a liquidated penalty of $10,000 per day for each Sign that CCO has failed to remove in accordance with this Agreement. 7/1/2004 10:22 AM (2K) MIAMI 403966 v 19 [405944_I%WC) -7- c. Nothing contained in this paragraph 4 shall prevent the City from enforcing its police powers and safety regulations in a manner not inconsistent with this Agreement. d. In the event the City fails to perform its obligations under this Agreement or otherwise defaults after notice and a reasonable opportunity to cure, CCO shall be entitled to all legal and equitable remedies allowed under Florida law including those remedies provided to the City under paragraph 4.a. 5. Status of Remaining Signs. Listed on Exhibit D are all of CCO's Signs which may remain in the City of Miami following removal of the Signs listed on Exhibits A, B, and C. The City of Miami shall allow these Signs to remain as constructed in their existing locations, subject to the following: a. By the later of December 31, 2004 or 60 days aver CCO's receipt of the Amended Permits listed on Exhibit G, CCO will provide the City with copies of all permits in its possession for the Signs that are listed on Exhibit D. Thirty days after such delivery, the City will provide to CCO copies of permits in its possession for all other Signs Listed on Exhibit D. The City will issue replacement permits for any Signs for which neither the City nor CCO is able to locate a copy of the original City permit. For each such replacement permit issued, CCO will pay the City of Miami a permit replacement fee of $150 for each 8-sheet Sign structure, $2,000 for each poster Sign structure, and $5,000 for each bulletin Sign structure. Any Sign for which a replacement permit is issued under this paragraph shall be deemed a lawful Sign or lawful nonconforming Sign, as applicable, under all applicable City Codes and ordinances. Except as provided below, upon completion of the exchange of permits and the issuance of replacement permits, the City of Miami shall not require CCO to obtain any further permits or approvals from 7l1/2004 10:22 AM {2K) MIAMI403U66 vI9 [4U$966_19.DOCj -8- the City for any of its Signs listed on Exhibit D other than the payment of annual renewal fees as specified herein. CCO may maintain and keep in good repair its Signs listed on Exhibit D and the City will issue CCO any permits which may be required for CCO to exercise its maintenance and repair rights under this paragraph. b. Some of the Signs listed on Exhibit D do not conform with current City ordinances that, among other things, regulate the height, distance requirements, orientation, or landscaping of Signs. As of the effective date of this Agreement all Signs listed in Exhibit D and all Signs for which the City issues Amended Permits shall be deemed lawful or lawful nonconforming Signs, as applicable, with respect to any nonconformities as of July 31, 2004. The City shall take no action to compel their removal or their compliance with City Sign ordinances currently or formerly in effect or hereafter adopted. In the future, the City may adopt additional ordinances regulating Signs. During the term of this Agreement, however, the City, however, shall take no action to compel CCO's Signs listed on Exhibit D or Signs for which the City issues Amended Permits to come into compliance with City Sign ordinances currently or formerly in effect or hereafter adopted. All Signs listed on Exhibit D and Signs erected pursuant to Amended Permits may remain as lawful, lawful nonconforming uses, or lawful noncon- forming characteristics of use as currently or hereafter constructed. CCO may replace, repair, maintain, and upgrade (which shall not include increasing the sizes, number of faces, or any nonconformities) of any Sign not being voluntarily removed under this Agreement. The City will issue CCO any permit necessary to effectuate the purpose of this paragraph. c. Any City Sign regulation adopted prior to or after the date of this Agreement shall not be applied to diminish CCO's rights under this Agreement. 7/(l2004 10;22 AM (2K) MIAMI 405966 v I (405966_ I9.DOC) -9- 6. Initial Payments to City and Issuance of Initial Amended Permits. Based on the parties' respective undertakings set forth herein, CCO has agreed to make certain payments to the City and the City has agreed to issue Amended Permits to CCO to resolve the dispute between the parties: a. On the effective date of this Agreement, CCO will pay the City the annual renewal fees for its outdoor advertising Signs for the years 2001, 2002, and 2003, totaling $152,805. b. Within four working days of the effective date of this Agreement, the City will deliver to CCO the Amended Permits reflecting the new addresses shown on Exhibit G along with a completed and fully executed FDOT Form 575-070-04 for each Amended Permit certifying that for the new addresses each of these seven Sign locations is or will be in compliance with all duly adopted local ordinances and has been or will be issued the necessary City permits. Upon CCO's receipt of the foregoing, it will pay the City $350,000 for the seven Amended Permits shown on Exhibit G and an Initial Sign Surcharge of $400,000, for a total of $750,000. The Sign removal requirements for the seven Amended Permits shall be deemed satisfied by CCO's removal of: (i) the 20 poster faces and 7 bulletin faces that CCO has voluntarily removed since June 2000 or will voluntarily remove by September 30, 2004 and which are listed in Exhibit C; (ii) the five bulletin faces at 1350 Biscayne Blvd. near the PAC; and (iii) the three C-1 Gateway bulletin faces and 6 C-1 Gateway rooftop poster faces marked with an asterisk on Exhibit D. 7/I/2004 IOM AM (2K) MIAMI 405966 v19 (405966_l9.DOC) -10- c. CCO shall remove the Signs identified in subparagraphs (i) — (iii) before constructing any Sign pursuant to an Amended Permit. d. Upon the earlier of FDOT's acceptance of the completed Form 575-070- 04 for each of the seven signs or three days after the City's issuance of the seven Amended Permits, CCO will pay the City the Final Sign Surcharge of $400,000. Following FDOT's issuance of the permits for the Signs corresponding to the Amended Permits, CCO shall proceed with the removal of the Signs identified in paragraph 6(b)(ii) and (iii) in accordance therewith. The Initial and Final Sign Surcharges are for the permit rights granted or otherwise confirmed under this Agreement. 7. Annual Payments to City. a. Provided that the Amended Permit Signs listed on Exhibit G have been constructed, commending January 31, 2005 and on the anniversary date for 24 years thereafter through July 31, 2029, CCO will pay the City an annual settlement fee of $250,000 provided that (i) the City complies with the Settlement Agreement; and (ii) no Sign erected pursuant to an Amended Permit has been removed by governmental action prior to July 31, 2029 without CCO receiving just compensation therefor. If a Sign erected pursuant to an Amended Permit issued under paragraph 3 is removed prior to July 31, 2029, without CCO receiving just compensation therefor, CCO will be able to relocate such sign structure in accordance with paragraph 7(b), and no change in the City's Zoning ordinance shall affect CCO's right to relocate under this paragraph. For purposes of this Agreement, just compensation shall be determined by then - existing standards established by Florida law. b. If, prior to July 31, 2029, any CCO Sign for which the City has issued CCO an Amended Permit is removed as a result of governmental action without the payment to 7/I12004 10:22 AM (2K} MIAMI 405966 v 19 [405966_]9,DOCI -11- CCO of just compensation, CCO will be relieved of its obligation to pay annual settlement fees to the City by the amount of $50,000 per Amended Permit sign so removed. If, prior to July 31, 2029, any Sign for which the City has issued CCO an Amended Permit is removed as a result of non -governmental action, CCO will not be relieved of its obligation to pay annual settlement fees to the City. In such circumstances, however, with respect to the seven Sign structures listed on Exhibit G, CCO may relocate the Sign which is the subject of the Amended Permit to a new location within the same zoning district and within 750 feet of the previous location without payment of any additional permit or settlement fees to or the requirement of any further approval from the City, and the City shall amend the permit to reflect the new location. The City will continue to receive annual settlement payments for such relocated Sign. c. Annual permit renewal fees shall not be increased until 2006 when they may be increased by the CPI cost of living increase from the prior year. The City may increase annual permit renewal fees each year thereafter by an amount not to exceed the CPI cost of living. 8. Retrofitting of Signs to Remain. Except for those Signs that are under 20 feet in height, all Signs on Exhibit D that are currently supported by multiple I -beams, shall be replaced with monopole structures on a one structure per month basis, commencing July 1, 2005 until all multiple I-beam support structures have been replaced. If CCO is unable to secure the property owner's agreement in retrofitting a Sign structure, the City will waive the retrofit requirement for Signs under 30 feet in height upon presentation of an affidavit from the President of CCO attesting that the property owner has refused to consent and that CCO does not have the contractual right to retrofit. CCO shall remove all Signs over 30 feet in height not retrofitted by 20 years after the effective date of this Agreement. 7/1/2004 I0:22 AM (2K) MIAMI 405966 v19 [403966_I9.60CI -12- 9. Overheight Signs. The State of Florida has built and is currently building sound walls along certain federal aid primary 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, CCO may raise their elevation to such height necessary to restore visual access so long as any such elevation complies with applicable FOOT regulations and provided that the top of the Sign shall under no circumstances exceed 65-feet above the crown of the adjoining highway. 10. Replacement and Relocation of Signs. a. In the event it becomes necessary for CCO to replace any C-2 Sign listed on Exhibit D, the City will authorize CCO to replace such C-2 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 C-2 Signs listed on Exhibit D shall expire and terminate on July 31, 2029. Any City Sign law promulgated prior to this date shall not be applied retroactively to CCO. 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. CCO and the City acknowledge that CCO 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 CCO expressly waives any such claim. CCO'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. 7/1/2004 10:22 AM (2K) MIAMI 405966 v19 [405966_19-DOC] -13- b. CCO owns a bulletin Sign Structure located at 5600 Biscayne Boulevard. The City recently approved a new development at this location and has requested that CCO remove this lawfully erected Sign and relocate it along the east side of I-95, but not on Biscayne Boulevard. CCO has agreed to such relocation, and the City will issue to CCO all permits necessary for such relocation, with no permit fees or any other payments required for such relocation. With respect to this Sign, and upon receipt of all required City approvals for the relocation of the Sign, CCO 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. It is further understood that this Sign is not one of the 15 Amended Permit Signs referred to in paragraph 3 of this Agreement. 11. Public Service Project. a. For the next 25 years, CCO 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 with a retail value of $50,000 per year, for the display of City -prepared advertising materials for City events. The City shall be responsible for providing CCO with any sign copy it would like displayed, and will pay for the cost of installing the sign copy. b. Commencing January 31, 2005, and on the anniversary date thereafter, for so long as this Agreement remains in effect, CCO will fund a Neighborhood Enhancement Account ("NEA") in the amounts and for the purposes set forth below: (i) $4,285.72 for each of the seven Amended Permits issued for the Signs listed on Exhibit G, as long as such structures remain standing; 1/1/2004 10:22 AM (2K) MIAMI 405966 v19 [405966_19.30C] -14- (ii) $10,000 annually for each of the two Signs located on I-395 at 1413 N.W. 1st Place, City of Miami Permit No. 99-5012720; FDOT Permit No. BW544, and on I-95 at 596 N.W. 54`", City of Miami Permit No. 97-5011673; FDOT Permit Nos. BQ662 and BQ663, as long as such Signs remain standing at their respective heights as of July 31, 2004, as permitted by FDOT regulations; and (iii) The City and CCO will mutually agree upon the recipients of the annual distributions from the NEA account, which distributions shall be approved by the City Commission. Eligible recipients shall include, but shall not be limited to, 501(c)3 organizations operating within the districts where the foregoing Signs are located and such other community - based organizations and charities as the City and CCO may designate. The parties agree that the NEA funds should be used to assist the community needs of the citizens of Miami. 12. Pending Cases; Vacating of Liens. Within 30 days of the effective date of this Agreement, the City shall take all steps necessary to vacate and set aside the Final Administrative Enforcement Orders and all Notices of Liens for CCO's Signs, including those which are attached hereto as composite Exhibit F, and take all appropriate actions to satisfy and set aside any liens imposed against property owners who have been the subject of enforcement proceedings as a result of CCO's Signs. The documents vacating and setting aside the enforcement orders and any liens shall be in a recordable form satisfactory to CCO 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 applicable Signs listed in Exhibits A-D. 13. Property Owners Protected. So long as CCO complies with the terms and conditions of this Agreement, the City will take no action to enforce its Sign ordinances against 711/2004 10:22 AM (2IC) MIAMI 405966 v I9 t403966_19.DOCt -15- the owners of the property on which CCO's Signs are located, as to CCO's Signs. Within 60 days of the execution of this Agreement, the City will notify each of the property owners subject to the Code Enforcement Orders, that the Orders have been vacated and that the dispute with CCO has been settled. The text of such notice shall be approved by CCO. 14. Term and Expiration. This Agreement, and all rights and obligations of the parties hereunder, shall terminate and expire twenty-five years after its effective date unless extended by agreement of the parties. 15. 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. a, Nothing in this Agreement shall affect in any way the City's right to condemn a Sign in accordance with applicable eminent domain laws. 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 CCO and CCO shall immediately correct the problem. Any such action by the City shall not be used by CCO as grounds to invalidate this Agreement. Notwithstanding anything to the contrary in this Agreement, CCO's limited waiver of its statutory and constitutional rights to receive just compensation upon removal of certain Signs identified in paragraphs 6(b)(ii) and (iii) herein is expressly conditioned upon the City's issuance of the Amended Permits listed in Exhibit G. b. Except as expressly provided in Paragraph 2 herein, nothing in this Agreement affects CCO's right, or the City's obligation to pay, just compensation if the City elects to remove any lawfully erected Sign belonging to CCO. 711/2004 10:22 AM (2K) M3AM1405966 v19[405966_19.DOCj -16- 16. Further Assurances and Cooperation. The parties recognize that it may be necessary to amend the zoning ordinances and Code of the City of Miami in order to effectuate the purpose of this Agreement. The City will work cooperatively to draft any necessary Code amendments and ordinance revisions necessary to effectuate this Agreement, and CCO will assist in this effort as requested by the City. The City agrees to prepare and execute such additional documents, resolutions, ordinances, and other actions as may be necessary to effectuate the purposes of this Agreement and CCO will assist in this effort as requested by the City. The City will take all actions necessary to effectuate the dismissal, with prejudice, of all code enforcement notices of violation, code enforcement orders, court cases, and appeals regarding the Signs listed in Exhibits A-D, with each side to bear its respective attorneys' fees and costs and CCO will assist in this effort as requested by the City. As long as the City complies with this Agreement, CCO 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 regarding Amended Permits issued pursuant to this Agreement. 17. 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 Clear Channel Outdoor: Mr. Jasper Johnson President and General Manager Clear Channel Outdoor South Florida Division 5800 N.W. 77 Court Miami, Florida 33166 Telephone: (305) 592-6250 Facsimile: (305) 714-3519 7r1/2004 IO12 AM (2K) MIAMI 405966 vl9 [405966_I9.DOC[ -17- with a copy to: To the City of Miami: with a copy to: Laura C. Toncheff Executive Vice President Clear Channel Outdoor 2850 E. Camelback Road Suite 300 Phoenix, Arizona 85016 Telephone: (602) 957-8116 Facsimile: (602) 957-8602 Douglas M. Halsey White & Case LLP Wachovia Financial Center 200 South Biscayne Boulevard Suite 4900 Miami, Florida 33131-2352 Telephone: (305) 371-2700 Facsimile: (305) 358-5744 Joe Arriola, City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 Telephone: (305) 250-5300 Mr. Alejandro Vilarello City Attorney City of Miami 444 S.W. 2nd Avenue Suite 945 Miami, Florida 33133 Telephone: (305) 416-1800 Facsimile: (305) 714-3519 18. Most Favored Nation. In the event the City shall reach a settlement with any other billboard owner, CCO may elect to be governed by all terms, conditions, covenants, and restrictions contained in that settlement agreement. If CCO 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 CCO's receipt of notification of such agreement. The election shall be effective as of the date of the election and shall not be retroactive 7/1/2004 10:22 AM (2K} MIAMI 405966 v19 (405966_19.DOC) -18- 19. Miscellaneous. a. Attorneys' Fees. If litigation is instituted between 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 litigation or appeal and in any post judgment proceedings. 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 deemed an 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. CCO agrees not to transfer or convey any ownership in any CCO Sign identified in Exhibits A-D unless the transferee shall execute an agreement to be bound by the terms and conditions of this Agreement. CCO hereby 7/1/2004 10:22 AM 12K) MIAMI 405966 v19 (405966_I9.1130C) -19- 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 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 CCO, 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. 7/1/2004 I0;22 AM (2K) M IAM 1405966 v I91405966_ 19.130C ] -20- (ii) CCO, for itself and the owners of the property where its Signs are located and on whose behalf CCO has been so authorized, 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 existing Sign regulations, or enforcement thereof, and without limiting the generality of the foregoing, CCO specifically waives the right to challenge the validity, constitutionality or enforceability of the City's Sign regulations in effect on the date of this Agreement. (iii) Neither CCO 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. Compliance With Electrical and Structural Codes: Indemnification. CCO acknowledges and agrees that this Agreement does not in any way alleviate CCO's responsibility to comply with all applicable safety and/or construction requirements in removing, relocating, maintaining, repairing or in reconfiguring any Sign face or Sign structure, and CCO shall not be excused from complying with the requirements of any electrical and structural building codes and rules and regulations of general application in effect at the time a building or electrical permit application is filed in connection with reconstruction of an existing Sign. The City will issue CCO any permits or authorization that may be required to enable CCO to comply with this paragraph. CCO will indemnify and hold the City harmless from any injury, either to person or property, that results from a CCO 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 7/1/200410:22 AM (2K) MIAM 1405966 v 19 [405966_19.30C] -21- 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. Integrated Agreement, Each parry'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 the City Manager and CCO. 7/1/2004 10:22 AM (2K) M1AM1405966 v19 t405966_19.00CI -22- CITY OF MIAMI CLEAR CHANNEL OUTDOOR, INC. By: By: City Manager Dated: Attest: , 2004. City Clerk Dated: , 2004. Approval as to form: Alejandro Vilarello, City Attorney Dated: , 2004. Its: Dated: , 2004. 7/1/20041022 AM (2K) MIAMI 405966 v19I405966_I9.DOCJ -23- Clear Channel - City of Miami Signs to be Removed (C-1) Exhibit A Street Address of Sign Tax Folio No, Location Sign Type No. Faces Zoning 07104 Legal Status 1 SEC Right -of -Way SW8th NL. 100ft EJO SW 71st Av EF -A A 4 C•1 Loyd Loyd Legal Legal 2 FEC Right -of -Way SW8th NL 250ft WO SW 89et Av EF -A A 4 C-1 3 8795 SW 8 St 01-4002-000-0040 SW 8th St NS 20ft EJO SW 88th Av FNV - 1 A 4 C-1 4 5789 8W 8 St 01-4001-009-0190 SW 8th St NS 100ft WO SW 58th Av F/E • 3 A 1 0-1 5 4329 8W 8 St 01-4105-024-0100 8W 801 St NS 200ft W/O SW 43rd Av FAN -1 A 2 C-1 lgal Lapel Lid Lamed Legal Legal Loyd 6 4329 SW 8 8t 01-4108-024-0100 SW 8th St NS 100ft W/0 SW 43rd Av F/E - 1 A 2 C-1 7 3228 SW 8 St. 01.4104-029-0470 SW 8th St NS 200ft W/O SW 32nd Av F/E - 3 A 2 C-1 8 3039 SW 8 St. 014104-037.0880 SW 8th St NS 400ft E/0 SW 31 at Av F/W - 1 A 2 C-1 9 3170 SW 8 St. 01.4104-013.0140 SW 32ndAv ES 1001t S/0 SW 8th St F/S • 4 A 4 0-1 10 2307 SW 32 Ave r01.4118-009-4580 SW 32nd Av ES 100ft S/0 SW 23rd St F/S - 4 A 2 C-1 11 1581 SW 27 Ave 01.4110-054-0980 8W 27th Av EL 5ft NO SW 16th St. A 2 C-1 12 11551 SW 27 Ave 01-4110-054-0980 SW 27th Av EL 100ft NiO SW 16th St. A 2 C•1 Legal Lewd Legal Lead Legal Lajial Cowl Legal Legal Lafial Lege/ Legal L'eyal Legal Legal Legal Legal Legal Legal ' Loyal , Lanai Loyal Legal 13 800 SW 19 Ave 01.4110-010-0020 ,SW 19th Av WS 100ft S/0 SW 8th St F/N • 1 A 2 C-1 14 600 SW 17 Ave 01-4103-026-0030 SW 17th Av WL 100ft 3/0 SW 8th St. A 2 C-1 15 478 SW 17 Ave. 01.4103-062-0040 0W 5th St NS 100ftWJ0 SW 17th Av FM • 1 A 2 T 0-1 18 1661,51,55 SW 8 St. 01.4102-006-8180 SW 8th St NS 400ft WO SW 18th Av FM/ • 1 A 2 C-1 17 471 SW 8 St. 01-0204.090-1120 SW 5th Av EL 40ft NO SW 8th St, A 2 CA 18 427' SW 8 St. 01-0204-090-1140 SW 8th St N8 100ft W/O SW 4th Av F/W -1 A 2 0-1 19 2SE 7 St, 01-0201.080-1010 8 Miami av EL 300ft N/0 SE 8th St A 2 C-1 20 6 NW 7 Ave 01-0200-080-1200 W Flag* St NS 5ft W/O NW 7th Av F/E - 2 A 2 C-1 21 200 MN 8 Ave 01-4138-003-3880 NW 8th Av WS 10ft N10 NW 2nd St F/8 - 1 A 2 0-1 22 240,242 NW 8 Ave 01.4138-003-3490'NW 8th Av WS 1504N/0 NW 2nd St F/S - 2 A 4 C-1 23 336 NW 12 Ave 01.4102.005-7320 NW 12th Av WS 100ft S/0 NW 4th St PIS • 1 A 2 0•1 24 340 NW 12 Ave 01.4102-005-7310 NW 12th Av WS 5ft S/0 NW 4th 3t F/N - 1 A 1 0-1 25 626 NW 22 Av 01.4103-029-0030 NW 22nd Av WS 75ft 8/0 NW 7th St F/S - 1 A 2 C-1 26 2701 W Flagier St. 01.4104.021-0010 W Flag* St NS 200ft W/O SW 27th Av FAN - 1 A 4 C-1 l 27 4 9 W Realer St 01-4105-027-0220 W Hagler St NS 100ft W/O 42 Av F/E • 2 A 2 0.1 28 4289 W Flaglar St 01-4105-027-0220 W Flagl.r St NO 100ft WO 43 Av 1'1W - 1 A 2 C-1 29 5700-8 w Fiagier St 01-4001.001-0010 SW 57th Av W8100ft WO Flagl.r 8t F/N - 3 A 2 0-1 30 105 SW 57 Ave or 31 01-4106.048-0620 SW 57th Av ES 100ft 810 SW 1st St F/S - 4 A 2 C-1 31 175 SW 57 Ave 01.4106-048-0850 SW 57th Av ES 50ft 1 /O SW 2nd St F/N - 1 A 2 , C-1 32 175 SW 57 Ave 01-4108-040-0850 SW 57th Av ES 5ft N/0 SW 2nd St F/S • 1 A 2 0-1 33 FEC Right -of Way a SW 4th St NL 400ft W/O SW 89th Av A 2 0•1 34 FEC Right -of -Way Flagler SL 265ft E/0 8W 71st Av A 2 0-1 35 4545 NW 7 St. 01-3132-008-0270 NW 7th St N8 100ft W/O NW 45th Av FIW -1 A 4 ' 0-1 Legal Lsal Legal Legal Legal , Lead 38 164 NE 9 St. 01-0103-090-1010 NW 9th St SS 50ft W/O NW 2nd Av FIE - 1 A 2 0-1 37 18d NE 9 St. 01.0103-090.1010 NW 2nd Av WS 80118/0 NW 9th St F/S -1 A 2 C-1 38 20 NE 10 St. 01-0102-030-1070 NE 10t1 St S3 200ft ex) N Miami Av FM. 2 A 2 , C-1 39 941-43-47 N Miami Ave 01-0102-030-1080 N M1an,l Av ES 5ft S/010th St F/N - 1 A 2 C-1 40 901.21 NE 1 Av 01-0102-020.1110 NE 9th St SL 50ft E/O NE 1st Av A 2 0.1 41 901-21 NE 1 Av 01.0102-020.1110 NE 9TH ST SL 80F W/O NE 2NO AV EF-S A 2 C-1 Legal Legal 42 NE 1st Av WL 100f 8l0 NE 701 St. A 2 . 0.1 43 14 NE eat. 01-0105-090.2050 NE 8TH ST NL 95F W/0 NE 2ND AV EF-E A 2 C-1 Lsial Legal _ Legal Loyal Legal Legal - Legal Legal 44 125 NE 6 St 01.0105-090.2030 NE 8th at NL 150ft W/O NE 2nd Av A 2 C-1 45 FEC Right-of-way FEC Right-of-way NE 2nd St EL 140ft 8/0 NE 7th St. A 2 0-1 48 850 Biscayne Blvd 01-0100-000-0150�Biscayne BD WL 100ft 8/0 NE 7th St. A 3 C-1 47 899-94 NE 20 St. 01-3125-018.0150 NE 20th St NS 500ft W/O NE 2nd Av FIE - 1 A 1 0-1 48 1815 NW 17 Ave 01-3135-032.0070 NW 17th Av ES 55ft NO NW 15th St FIN - 1 A 4 , C-1 49 1710 NW 27 Ave 01.3133-008.0190 NW 17th St NS 1001�1 W/0 NW 27th Av ENV - 1 A 4 0-1 50 1383 NW 27 Ave 01.3134-019-0010 NW 27th Av EL 5F S/0 NW 14TH ST A 2 C•1 51 2825 NW 22 Ave 01-3127-031-0040 NW 22nd Av ES 200ft N/0 NW 28th St F/N - 1 A 4 C•1 Legal Legal _ 52 2818 NW 22 Ave, -01.3127-027.0590 NW-22nd Av WS 200ft N/O NW 28th St F/S • 1 A 2 C•1 63 2219 NW 26 St 01.3127-027.0800 NW 28th St NS 50ft W/O NW 22nd Av FIW -1 A 4 C-1 ' Lajal Lejal Lsjat , Legal 84 5 5 58 2238 NW 28 St. 01.3127-025.0550 NW 28th St 9S 185ft W/O NW 22nd Av FIE -1 A 2 , 0-1 1157 NW 36 St. 01.3123.021-0140 NW36TH ST NL SOFT E/O NW 11TH AV A 2 C-1 742 NW 38 St. 01-3138-029.0060 NW 381h St SS 100ft W/O NW 7th Av F/E - 1 A 4 C-1 57 2001 N Miami AV or 2003 N Miamt AV 01-3125.000-0120 NE 4TH AV WL 50F N/ONE 413T ST NF-AB A 2 , C-1 Legal 58 159 NE 54 St. 01-3113-084-0420 NE 54th 81 NS 5ft WO NE 1st Ct F/E - 3 A 2 0-1 Legal 59 190 NW 54 St. 01.3124-013-0020 NW 54TH ST SL 5OF EJO NW 2ND AV EF-AT A 2 C-1 Legal 80 0`5400 NW 2 Ave ,01.3113-048-0810 NW 2nd Av WS 85ft N/O NW 54th St FIS - 1 A 2 C-1 _ Legal EXHIBIT A 408906 Clear Channel - City of Miami Signs to be Removed (C-1) Exhibit A Street Address of Sign Tax Folio No. Location Sign Type No. Feces Zoning - 07/04 Legal Status 61 224 NW 54 St. 01-3124-013-2160 NW 54th St 86 100R W/O NW 2nd Av FIE • 1 v A 4 C-1 Legal Legal Legal 82 4650 NW 2 Ave 01.3124-0115-0420 14IW2nd Av WS 30ft tJ/ d lgWA/ 48th 8t F/8 - 1 A 4 C-1 53 4785 NW 2 Ave '01.3124-016-04e0 NW Ind Av ES 1001t 8/O NW 48th St F/N -1 A 4 C-1 84 4331 NW T Ave 'NW 7TH AV EL 100F N/O NW 43RD ST SF-3 A 1 C.1d 65 4430 NW 7 Ave 01.3123.022-0440 NW 7th Av WS 150f 9/0 NW 43th E FIN -1 A 2 C-1 Lobel L.gd : Laid Ls* Legal r 68 1204 NW 34 8t 01.3123-012-0100 NW 54th Si SS 12811 E/O NW nth Av FIE • 1 A ' 4 C-1 67 1395 NW 54 St, Q 1-3114-041.0520 NW 54th St NS 5R E NW 14th Av F1W -1 A 2 C-1 es 1487 NW 64 St. 01.3114-035-0120 NW S4th St NS 1548 E/0 MN 18t11 kv FM/ -1 A 1 C-1 69 1372 NW e2 St 01-3114-043-0050 NW 82nd St 88 125d E/O NW 14th Av FIW -1 A 1 C-1 , 185 , 2 EXHIBIT A 408906 Clear Channel - City of Miami Signs to be Removed (C-2) Exhibit B Street Address Tax Follo No. Location Sign Type No. Faces Zoning 07/04 Legal Status 1 311 SW 22 Ave 01-4103-014-2190 %W 22nd Av ES 25ft N/0 SW 41h Av FIN - 1 A 2 SD-14 Lega 2 1724 SW 6 St 01.4103-028-0040 SW 6th St SS 100ft W/O SW 17th Av F/E - 1 A 2 SD-14 Legaa 3 101 SW 17 Ave 01-4102-008-1300 SW 17th Av ES 50ft S/0 SW 1st St F/S - 3 A 2 SD-14 Leila 4 866 NW 5th Ave 01-0107-010-1040 NW N River Dr WS 200ft W/0 NW 6th Av F/N -1 A 2 C-2 Legs 5 1400 NE 1 Ave 01-3138-005-1420 NE let Av WL 75ft NIO NE 14th 6t A 2 C-2 L a 6 771401 1502 NE 1 Ave 01-3138-005-0990 NE 15th St. NS 80ft W/O NE: 1 st Av A 2 C-2 Lega NW 1 Ave 01-3125-048-1840 NW 14th St NS 30ft E/O NW 1st Av F/E -1 A 1 C-2 Lega 8 1655 N Miami Ave 01-3136-008-0160 N Miami Av ES 5ft S/O NE 17th St F/N - 2 A 2 C-2 Lege 9 202 NW 20 St. 01.3125-042-0230 NW 20th St NS 25ft W/O NW 2nd Av F/E -1 A 2 C-2 Lega 10 220 NW 2 Ave 01-3125-074-0020 NW 2nd Av WS 45ft S/0 NW 23rd St F/N - 2 A 2 C-2 Lega 11 Vacant Lot 01-3136-035-0220 NW 20th St NL 30ft E/0 NW 7th Av A 1 C-2 - Lega 12 1728 NW 7 Ave 01-3135-018-0500 NW 7th Av WS 10ft S/0 NW 18th St F/S -1 A 4 I Lega 13 795 NW 20 St. 01-3128-017-0120 NW 20th St NS 25ft El0 NW 8th Av F/W - 1 A 2 I Lega 14 2154-2178 NW 10 Ave 01-3128-053-0270 NW 10th Av WS 10ft N/0 NW 21st T► F/S -1 A 2 l Lega 15 2353 NW 17 Ave 01-3128-023-0200 NW 17th Av ES 100ft S/0 NW 24th St FIN - 1 A 4 C-2 Lege 16 2148 NW 17 Ave 01-3127-088-0010 NW 17th Av WS 10ft S/0 NW 21st Tr F/N A 4 C-2 Leo 17 1724 NW 20 St. 01-3134-032-0070 NW 20th St SS 200ft W/O NW 17th Av F/E • 1 A 4 C-2 Lega 18 2188 NW 22 Ave. 01-3134-020-0150 NW 22nd Av EL 100ft SIO NW 20th St A 4 C-2 Lega 19 3551 NW 36 St. 01-3121-038-0020 NW 38th St NS 130ft W/O NW 35th Av F/W -1 A 2 C-2 Lega 20 3220 NW 36 St 01-3128-013-0760 NW 36 SL SS 25E1 W/O NW 32nd Av A 2 C-2 Lega 21 3200 NW 38 St 01-3128-013-0750 NW 32nd St. WS 50FT S/0 NW 38 St. A 4 C-2 Lege 22 2140 NW 36 St. 01-3127-010-0870 NW 38th St SS 350ft EJO NW 22nd Av F/W - 3 A 4 C-2 Lega 23 2900 NW 17 Ave. 01-3127-058-0050 NW 17TH AV WL 50FT N/O NW 29TH ST A 4 C-2 Lega 24 2900 NW 17 Ave. 01-3127.053-0050 NW 29TH ST NL 5FT W/O NW 29TH ST A 1 C-2 Lege - 25 1588 NW 28 St. 01-3128.024.0240 IOW 28TH ST NL 200FT FJO NW 17 AV A 1 C-2 Lega - 26 3837 NW 17 Ave. 01-3123-038-0570 NW 17th Av ES 60ft S1O NW 39th St F/N -1 A 4 C-2 Lege • 27 1260 NW 38 St 01-3128-039-0180 NW 38th St SS 2006 EIO NW 13th Av F/E-- 1 A 4 C-2 Lege 28 749 NW 29 St 01-3128-009.0410 NW 29th St NS 350ft W/O NW 71h Av F/W - 1 A 4 C-2 Lega 29 2400 NW 38 St. 01-3128-011-0340 NW 71h Av WS 50ft N/O NW 24th St FIS • 1 A - 1 ' I Lega --30 31 584 NW 27 St. 01-3125-025-0250 NW 27th St SS 115ft E/0 NW 6th Av FIE - 1 A 2 I Lega 4 NW 38 St. 01-3125.024-0070 NW 38th St SS 10ft E/0 NW Sth Av FIW - 3 A 4 C-2 Lega -32 196-198 NW 38 St. 01-3125-019.4340 NW 36th St SS 5ft E/0 NW 2nd Av FIW -1 A 2 C-2 Lega , -33 197 NW 36 St. 01-3124-021-1550 NW 36th St NS 10ft E/O NW 2nd Av FIW -1 A 4 C-2 Leja -34 70 NW 29th St 01-3125-428-0940 NW 29th St SS 160ft EIO NW 1st Av FIE -1 A 4 0-2 Lega -35 Vacant Lot 01-3230-003-0440 NE 2ND AV WL 250F S/0 NE 38TH ST SF -AT A 4 C-2 Leila 36 Vacant Lot 01-3230.003-0440 NE 2ND AV WL 388F S/0 NE 38TH ST SF -AT A 4 C-2 Lege 37 2800 NE 2 Ave L01-3135-005-0010 NE 2ND AV WL 5F NM NE 28TH ST SF -AT A - 2 I Lega -38 3925 NW 2nd Av 01-3124-021.0880 NW 2nd Av ES 10ft WO NW 401h St FIN -1 A 2 C-2 Lega .39 519-521 Nw 54 St. 01-3113-042-1750 NW 54th St NS 85ft EX) NW 5th Ct NW -1 A 2 C-2 Lege - 40 4015 NW 17th Ave 01-3123-038-0130 NW 17th Av ES 50ft N/O NW 40th St F/S - 2 A 2 C-2 Lege 41 NW 7th Av WS 10FT N/O 77th Tr. A 2 C-2 Lega 42 7318 NW 7th Ave 01-3111-035-3200 NW 7th Av WS 25ft S/0 NW 74th St FIN - 2 A 2 C-2 Lege -43 7187 NW 7 Av 01-3112.038-0050 NW 7th Av ES 100Ft NO 71st St. A 1 C-2 Lege 44 7187 NW 7 Av 01-3112-038-0050 NW 7th Av ES 100ft N/O NW 71 st St F/S - 1 A 1 C-2 Lega 46 7770 NE 2 Ave 01-3112-010-0100 NW 7th Av WS 100ft N/0 NW 89th St F/S - 1 A 2 C-2 Lega 48 6701 NW 7 Ave ' NW 7th Av ES 50ft N/O NW 87th St FIN -1 A 2 C-2 Lege • 47 6817 NW 7 Ave 01-3112.026.0460 NW 7th Av ES 75ft S/0 NW 67th St NS - 1 A ' 1 C-2 Lege 48 7130 NW 2 Ave 01-3112-034-0030 NW 2nd Av WS 200ft N/O NW 71 st St FIS - 1 A 4 C-2 Legs -40 200 NW 73 St. 01-3112-018-0181 NW 2 Av WL 75ft NW 73rd St. A 4 C-2 Lsge 50 7050 N Miami Ave 01-3112-068-0380 NW 71st St S8 125ft W/O N Miami Av F/E - 1 A 2 C-2 Lege - 51 7803 NE 2 Ave 01-3207-039-0230 NE 2nd Av ES 10ft N/O NE 7801 St F/S - 2 A 2 C-2 Lega 52 7770 NE 2 Ave 01-3112-010-0100 NE 2nd Av WS 50ft S/0 NE 78th St F/N - 2 A 2 C-2 Lega -53 5910 NE 2 Ave 01.3113-053-0020 NE 2 AV WL SOFT N/O NE 59TH ST A 2 C-2 Lege --54 5804 NE 2 Ave 01-3113-053-0020 NE 2nd Av WS 75ft N/O NE 58th St F/S - 1 A 4 C-2 Lemma i- -55 300 NW 79 St 01-3112-52-0010 NW 79 St SS 200ft W/0 NW 3rd Av A 4 C-2 Lega +58 842 SW 22 Ave 01-4110-010-0020 1W22ND AV WL 10FT WO SW 7TH ST A 2 SD-14 Lega i•--57 666 NW 5 St '01-0107-010-1050 NW N River Dr ES 100ft W/O NW 13th Av FIN - 1 A 2 C-2 Lega =58 448 NW N River Or 01-0107-010.1250 NW N River Dr WS 15011 W/O NW Bth Av A 4 C-2 Lege . -59 866 NW 5 St 01-0107-010-1050 NW 5th St SS 150ft EI0 NW 7th Av F/W - 2 A 2 C-2 Lega -80 528 NW 7 Ave 013135.027-1410 NW 7th Av WS 250ft N/0 NW 5th St F/S -1 A 4 C-2 Lege -61 89-94 NE 20 St. 01-3125-018-0150 NE 20T1 ST NL 500F FJO N MIAMI AV EF-S A 2 C-2 Lega -62 1988 N Miami Ave 01-3125-048.0580 N Miami Av WS 200ft SIO NW 20th St F/S - 1 A 4 I Lega 63 202 NW 20 St. r01-3125-042-0230 NW 2nd Av WS 10ft WO NW 20th St F/S -1 A 2 ' C-2 Lege - 64 295 NW 20 St. 01-3125.042.0280 &0250 NW 20th St NS 220ft E/O NW 3rd Av F/E - 2 A 2 C-2 Lege 65 Vacant Lot 01-3125-074.0020 NW 2nd Av WS 50ft N/O NW 22nd St F/S -1 A 2 C-2 Lega 68 2182 NW 7 Av 01-3126-012-0180 NW 7th Av WS 100ft N/O NW 21 st Tr F/S - 1 A 4 C-2 Lege 1 EXHIBIT B 453459 Clear Channel - City of Miami Signs to be Removed (C-2) Exhibit B Street Address Tax Folio No. Location Sign Type No, Faces Zoning 07104 Legal Status 87 643-45 NW 20 St. 01-3125-035.2500 NW 20th St NS 300ft E10 NW 7th Av F/W -1 A 1 C-2 Legal Leal Legal Legal 88 795 NW 20 St. 01-3128-017-0120 NNW 20th St NS 60ft E/O NW 8th Av FIE - 2 A 4 I C-2 •- 89 2238 NW 17 Av 01-3127-039-0050 NW 171h AV WS 251t S/0 NW 23rd St F/N -1 A 1 - 70 Vacant lot 01-3127-018.0100 NW 22nd Av EL 80ft NW 22nd St. A 2 I . 71 2867 NW 23 SL 01-3127-004-0410 NNW 23rd St NS 100ft ETO NW-2fth Av FIE - 4 A 4 C-2 Legal • 72 1588 NW 28 St. 01-31213-024-0240 NW 29th St SS 200ft E/0 NW 17th Av FIW -1 A 2 C-2 Legal • 73 3000 NW 12 Ave, 01-3128-0394170 NW 12th Av WS 66ft N/0 NW 301h St F/N -1 A 1 C-2 Legal _ Le�aI Leal Legal • 74 NW 3181h St NS !SOFT E/0 NW 11th Av A 1 ,: C-2 75 1015 NW 38 St. 01-3123-021-0140 NW nth St NS d5ft W/0 NW 10th Av OW -1 A 2 C-2 78 3400 NW 7 Ave. 01-3125-000-0140 NW 7th Av ES 100E 8/0 NW 34th St F)S - 3 A 1 I 77 'b19 NW 36 St. 01.3125-024-2480 NNW 7th Av ES 100ft WO NW 28th St F/N -1 A 2 C-2 Legal 78 2631 NW 2 Ave 01-3125-030-0200 NW 2nd Av ES aft 8/0 NW 26th St F/N - 1 A 1 4 I C-2 Legal Legal 79 197 NW 38 St. 01-3124-021.1560 'NW 2nd Av ES 4511 N/0 NW 36th St F/S - 4 A 80 '2412 N MaimtAve 01.312543/-0020 N Miami Av WS 100ft N/0 NW 24th St F/S -1 ' A 2 C-2 Legal Legal , Legal 81 90 NE 29 St, 01-3128-028.0980 NE 29th St SS 250ft EC N Miami Av F/E -1 A 2 1 82 N MIAMI Av ES 800ft S/0 NE 38 St. A ' 4 I 83 1030 N Miami Ave '01.3124-021.0220 ',F4 MIAMI AV WL 45F S/0 NW 41ST STNF-AB A 2 C-2 Legal r 84 223 NE 29 St. 01.3230-013-1320 NE 29TH ST NL 112F E/0 NE 2ND AV WF-AT A 2 C-2 Legal 86 2834 NE 2 Ave 01-3125-008-0020 ENE 2N0 AV WL 145F 8/0 NE 27TH ST NF-AT A 2 C-2 Legal " 88 880 NW 54 St, 01-3123-000-0110 Nw 54th St 88 50M E O NW 9thAv F /E -1 — A 4 C-2 Legal _ 87 4847 NW 17 Ave b1-3123-016-0040 —NW 17th Av ES 200ft N/0 NW 46th 9t F/S -1 A 2 C-2 Lost 88 7455 NW 7th Ave 01-3112-029-0120 NW7th Av ES 75ft 8/0 NW 75th St F/N -1 A 2 C-2 Legal Legal Legal Legal 1•89 7032 NW 2 Ct. ' 01-3113-023-0230 iz#W 71 et St SS 25ft W/O NW 2nd Ct FIE -1 A 2 C-2 • 90 51 NW 71 St 01-3112-088-0380 NW 71 ST ST NL 250F W10 N MIAMI AV WF-S A 1 G2 'C-2 ,. 91 7050 NE 2 Ave 01-3113-057.0040 NE 71st St SS 75ft W/O NE 2nd Av F!E • 1 A 2 L 92 1/5 NE•84 Terr 01-3113-021-0050 NE 2nd Av WS 10ft WO NE 85th St F/N -1 A 1 'C-2 Legal - 228 2 EXHIBIT B 453459 Clear Channel- City of Miami Signs Voluntary removed Exhibit C Street Address of Sign Tax Folio No, Location Sign Type No. Faces Zoning 07/04 Legal Status 1 Vacant Land 'AOW71 ST SL 185Ft W/O NW7 Ave A 4 C-2 Legal 2 950 NW 3 Ave NW 3 Ave WL 100FT 5/0 10 St A 3 C-1 Legal 3 437 NW South River Dr. NW S River Or EL 380FT N/O NW 5th St. A 4 SD-4 Legal 4. 1990 N Miami Ave NW 20 Si Si. 30FT W/O N Miami Ave A 4 C-2 Legal 5 1220 NW 54 St, NW 54 St SL 100 T—W70 NW 12 Ave A 1 C-1 Legal 6 7100 NE 2 Ave NE 2 Av WL 5051 N/0 NE 71 St A 4 C-1 Legal 7 471 SW 8 St. 'SW 5 Av EL 40FT N/O SW 8 St. A 2 C-1 Legal 8 320 NW 8 Ave NW 8 Av WL 100FTN/0 NW 3rd St A 4 C-1 Legal 9 Vacant Land NW 2 AV WL 75FT S/O NW 73 St. A 4 C-2 Legal 10 4741 NW 17 Ave NW 17 Av EL 100FT S/O NW 48 St. A 4 C-2 Legal 11 4431 NW 7th St. NW 7th St NL 200Ft W/O NW 43 Av A 2 C-1 Legal 12 645 NW 20 St. NW 20 ST NS 300Ft E/O NW 7th Av A 1 C-2 Legal 13 1342 NW 62 St. NW 62 St. SL 100Ft NW 13 Ave A 4 C-2 Legal 14 2711 NE 2 Ave NE 2 Av EL 25Ft N/0 NE 27th St. A 2 C-2 Legal 15 1163 NW 3 Ave NW 3 Av EL 35Ft S/0 NW 12 St A 1 C-2 Legal 16 - 555'SW 8 St. SW 8 St NL 100Ft E/O SW 18 Ave A 2 C-1 Legal 17' 237 NW 20 St. NW 20 St. NS 220Ft E/O NW 3 Ave A 2 C-2 Legal 18 202 NE 25 St. NE 2 Av EL 100FT S/0 NE 25 St B 2 C-1 Legal Legal .,19.. 3445 NW 27 Ave NW 27 Av EL 50F1 N/0 NW 34 St. B 3 C-2 20 932.940 W Flagler St. W Flagler St SL 200FT W/O NW 9th Av B 2 C-1 Legal 21 471 SW 1 St. 'SW 1 St NL 150FT E/O SW 5 Av B 1 C-1 Legal .22,.,2301 NW 27 Av NW 27 Av ES 100FT N/O NW 23 St B 2 C-2 Legal 23. 50 NW 22 Ave NW 22 Av WS 150FT N/0 Flagler St B 1 C-1 Legal • 24 690 NW 13 Ct. NW 7 Ave ES 50ft S/-0 NW 12 St. C 1 C-2 Legal 25 1 NW 54 St, NW 54 St NL 50FT W/O N Miami Av C 1 C-1 Legal 26. 1790 SW 1 St. -SW 1 St SL 50FT E/0 SW 18 Av C 1 C-1 Legal 27. 7910 NE 4 PI 01-3207-020-0030 NE 79th St. NS 15ft E/O 4th Ct. C 2 C-1 Legal 28 .2811 NW 7 Ave NW 7 Ave ES 100FN/O NW 28 St. A 2 C-2 Legal 29 1551 SW 8 St, SW 8 St NS 100 E/O SW 16 Ave A 2 C-1 Legal 30 690 NW 13 Ct. NW 7 Ave ES 100ft S/0 NW 12 St. C 1 C-2 Legal 3.1._ 6220 NW 2 Ave 01-3113-028-0310 NW 2ND AV WL 125FT N/tSNW 62ND ST A 1 C-1 Legal _32` 6900 NE 2 Ave 01-3113.009.0600 NE 2 Av WS 140' N/O NE 69 St A 2 C-2 Legal 33..,1803 SW 32 Ave 01-4109-034-0710 .§W 32nd Av ES 30ft S/0 SW 18th St FIN - 1 A 2 C-1 Legal 34 808 NW 7 ave 01-3135-027-0300 NW 7 Ave WS 100' N/O NW 8 St B 2 C-1 Lega! 35L'108 NE 9 St 01-0103-090-1060 NE 1 AveEL 100' S/0 NE 9 St A 4 C-1 Legal 1 Legal 38 901-21 NE 1 Ave 01.0102.020-1110 'F15 9 St SL 50' El0 NE 1 Av A 2 C-1 37 901-21 NE 1 Ave 01-0102-020-1110 NE 9 St SL 80' W/0 NE 2 Av A 2 C-1 Legal 38' 1324 NE 2 Ave NE 2 Ave WS 20' S/0 NE 14 St A 2 C-1 Legal . 39 -832 NW 2 AVE t1 W 9 St SS 50' N/0 NW 2 Ave A 2 C-1 Legal 40'. 832 NW 2 AVE NW-2 Ave WS 80' S/0 NW 9 St A 2 C-1 Leal Legal '411.. FEC Right-of-way FEC Right -a -way N MIAMI AV EL 50F S/O NE 36TH ST NF-AB A 4 C-2 42. FEC Right-of-way FEC Right -a -way NE 36TH Si SL 800FT E/0 N MIAMI AV A 2 C-2 Legal 43 3445 N. Miami Ave FEC Right -a -way N MIAMI Av ES 800ft S/0 NE 38 St. A 4 I Legal 44. 15 NE 29 St. 01-3125-004-0120 NE 29TH ST NL 4OF E/0 N MIAMI AV WF-A S 3 C-2 Legal 45 15 NE 29 St. 01-3125.004-0120 N MIAMI AV EL 70F N/0 NE 29TH ST NF-S B 1 C-2 Legal 46.:100 NE 36 St. '01.3125.000-0300 NE 36TH ST SL 200F E/O N MIAMI AV EF-S B 2 C-2 Legal 106 Billboards Pending Take Down 1 2818 NW 22 Ave NW 22 Ave WS 200FT N/0 NW 28 St. A 2 C-1 Legal 2 3829 NW 17 Ave NW 17 Ave ES 60FT S/0 NW 39 St. A 4 C-2 Legal 3 -208 W Flagler St. W Flagler St SL 50FT W/0 NW 2 Ave B 1 SO Legal 4 . 1507 NW 17th Ave NW 17th Ave WS 50FT N/0 15th St. C 1 C-1 Legal 8 r total 114 1 Exhibit C 489957 Clear Channel - City of Miami Signs to Remain Exhibit D Street Address Tax Folio No. Location Sign Type No. Faces Zoning Roof Structures 07/04 Legal Status 1 3010 NW 37 Ave. 01-4117-003-1730 Bird Rd SS 130ft W/O Douglas Rd F/W - 3 B 2 C-2 Legal 2 2991 SW 37 Ave 01-4116-019-0930 DOUGLAS RD EL 100F N/O BIRD RD SF -A B 6 C-2 Legal 3 3850 S Dixle Hwy 01-4120-000-0060 US 1 ES 500ft 6/0 SW 37th Av FIS - 1 B 1 C-2 Legal 4 2307 SW 32 Av ,01.4116-009-4560 SW 32nd Av ES 100ft S/0 SW 23rd St FIN - 1 B 2 C-1 Legal 5 3208-08 Grand Ave 01-4121-007-4480 Grand Av SS 100ft W/O Commodore PI F/N - 1 B 2 SD-2 Roof Legal 8 3396 Grand Ave 01-4121-007-4680 Grand Av SS 50ft E/0 Hibiscus St F/E - 1 B 2 O Legal 7 3310 Grand Ave 01-4121-007-4550 Grand Av SS 25ft W/0 Margaret St FIE - 1 B 2 0 Legal - 8 2697 SW 16 Ter 01-4110-002-1680 SW 27TH AV EL 50F N/0 SW 16TH TR NF-M-1 B 3 C-1 Legal 9 642 SW 22 Ave 01-4103-044-0070 SW 22nd Av WS 50ft NIO SW 7th St F/S - 1 8 3 C-1 Legal 10 215 NW 22 Ave 01-4103-009-0170 NW 22nd Av ES 100ft S/0 NW 3rd St F/N - 1 B 2 C-1 Legal 11 45 NW 22 Ave 01-4103-013-0620 NW 22nd Av ES 200ft N/0 Flagler St FIN - 1 8 2 C-1 Legal 12 33 SW 22 Ave 01-4103-014-2360 SW 22nd Av ES 125ft S/O Flagler St F/N - 1 8 1 C-1 Legal 13 2212 NW 3 St. 01-4103-033-0220 NW 22nd Av WS 50ft S/0 NW 3rd St F/S - 1 B 4 C-1 Legal 14 2180 SW 1 St. 01-4103-014-2330 SW 22nd Av ES 25ft S/O SW 1st St F/S - 2 B 2 C-1 Roof Legal 15 2180 SW 1 St, 01-4103-014-2330 SW 1st St SS 25ft E/0 SW 22nd Av F/W - 1 B 3 C-1 Roof Legal 16 2267 SW 1 St. 01-4103-036-0120 SW 1st St NS 150ft WIO Beacon Blvd F/W - 1 B 2 C-1 Legal 17 3175 SW 8 St. SW Sth St NS 100ft E/O SW 32nd Av F/E - 2 B 2 C-1 Legal 18 _01-4104-037-1030 3223 SW 8 St. 01-4104.029-0470 SW Sth St NS 200ft W/0 SW 32nd Av F/W - 1 B 2 C-1 Legal 19 3885 SW 8 St. 01-4105-048-0010 SW 8TH ST NL 100F W/O Ponce de Leon BO EF-S B 4 C-1 Legal 20 5615 SW 8 St 01-4106-011-1810 SW STH ST NL 250F W/O SW 56TH AV EF-S 8 2 C-1 Legal 21 5665 SW 8 St 01-4108-011-1730 SW 8th St NS 150ft E/O SW 57th Av B 2 C-1 Legal 22 5769 SW 8 St 01-4001-009-0190 SW 8th St NS 100ft E/O SW 58th Av B 3 C-1 Legal 23 5748 West Flagler St 01-4001-001-0020 SW 57th Av WS 100ft S/0 Flagler St B 2 C-1 Legal 24 101-109 SW 57 Ave 01-4108-046-0800 SW 57th Av ES 100ft S/0 SW 1st St 8 2 C-1 Legal 25 5700-08 West Flagler St. 01-4001-001-0010 W Flagler St SS 15ft E/0 SW 57th Ct B 2 C-1 Legal 28 5500 W Flagler St. 01-4106-046-0010 W FLAGLER ST SL 30F E/O SW 55TH AV B 1 C-1 Legal 27 25 NW 57 Ave NW 57th Av ES 100ft N/0 Flagler St F/S - 4 B 4 C-1 Legal 28 _01-4106-015-0170 5701 W Flagler St. 01-4001-003-3580 NW 57th Av WS 100ft NIO W Flagler St F/S - 1 B 2 C-1 Legal ' 29 602 NW 57 Av 01-4001-003-3041 NW 57th Av W$ 250ft S/0 NW 7th St F/S - 2 B 4 C-2 Legal 30 5630 NW 7 St. 01-4106-004-0040 NW 7th St SS 300ft E/O NW 571h Av NW - 2 B 1 C-2 Legal 31 2 701 NW 42nd Ave 01-3132-013-0510 NW 7th St NS 100ft E/O Le Jeune Rd EF B 2 C-2 Legal 645 NW 42 Ave 01-4105-008-0380 NW 7th St SS 100ft E/0 Le Jeune Rd F/E - 1 B 3 C-1 Legal 33 427 NW 37 Ave 01-4104-023-0150 NW 37th Av ES 10ft S/O NW 4th Tr FIN - 1 B 4 C-1 Legal 34 Vacant Lot 01-4104-023-0190 NW 37TH AV EL 75F S/0 NW 4TH ST NF-A B 4 C-1 Legal 35 35 SW 36 Ct. 01-4104-022-0121 Ponce De Leon Blvd ES 200ft S/0 Flagler St B 3 C-1 Legal 36 201-211 SW 37 Ave 01-4102-022-1040 SW 2nd St SS 50ft E/0 Douglas Rd B 1 C-1 Legal 37 201-211 SW 37 Ave 01-4102-022-1040 Douglas Rd EL 25FT S/O SW 2nd St 8 3 C-1 _ Legal 38 599 NW 27 Ave 01-4103-032-0270 NW 27TH AV EL 150F S/0 NW 7TH ST 8 2 C-1 Legal 39 444 NW 27 Ave 01-4104.012-0670 NW 27th Av WS 85ft S/0 NW 4th St 8 2 C-1 Legal 40 843 NW 27 Ave 01-3134-035-0330 NW 27th Av ES 100ft N/0 NW 8th St F/N - 1 B 2 C-1 Legal 41 701 NW 27 Ave 01-3134-035-0170 NW 7th St NS 50ft E/0 NW 27th Av F/E- 1 B 2 C-1 Roof Legal 42 1791 SW 1 St 01-4103-049-0010 1 SW 1st St NS 50ft W/O SW 18th Av F/W - 1 B 1 _ C-1 Legal 43 15 SW 17 Ave 01-4103-014-1220 SW 1st St SS 100f1 EIO SW 17th Ct F/W - 1 B 1 C-1 Legal 44 '101 SW 17 Ave 01-4102.006.1300 SW 1st St SS 50ft E/O SW 17th Av F/W - 1 8 1 C-1 Legal _ 45 1708 W Flagler St 01-4103-014-0010 SW 17th Av WS 50ft S/0 Flagler St F/N - 4 B 4 C-1 Legal 46 1708 W Flagler St 01-4103-014-0010 SW 17th Av ES 50ft S/0 SW 1st St. B 1 SD-14 Legal 47 717 SW 17 Ave 01-4102-012-0070 SW 17th Av ES 100ft N/0 SW 8th St FIN - 1 8 1 , C-1 Legal 48 466 SW 17 Ave _ 01-4103-000-0200 SW 17th Av WS 100f1 S/O 4th St F/S - 1 B 2 C-1 Legal 49 1535 W Flagler St. 01-4102-006-0750 W Flagler St NS 300ft E/0 SW 16th Av F/E - 1 B 1 _ C-1 Legal 50 1764 W Flagler SI 01-4103-049.0050 W Flagler St SS 100ft W/O SW 17th Ct. B 2 C-1 Legal 51 1900 W Flagler SI, 01.4103-014.3550 W Flagler St SS 75ft W/0 SW 19th Av F/E - 1 B 1 C-1 Legal 52 1807 SW 8 St, 01-4103-025-0150 SW 8th St NS 200ft W/O SW 18th Av F/W - 1 B 2 C-1 Roof Legal 53 1643 SW 8 St. 01-4102-012-0090 SW 8th St NS 100ft E/0 SW 17th Av F/W - 1 B 1 C-1 Legal 54 __, 801 SW 1 St 01-4138-003-3030 SW 8th Av WS loft N/0 SW 1st St FIS - 1 B 2 C-1 Legal 55 464 W Flagler St 01-0201-010-1080 SW lst St NL 150ft E/0 SW 5th Av B 1 C-1 Legal 56 40 SW South River Dr. 01-0201-010-1111 SW 1st St NS 50ft E/O SW River Dr F/W - 1 B 2 C-1 Legal 57 701 SW 2 Ave 01-0205-020-1100 SW 2nd Av ES 100ft S/O SW 7th St F/S - 2 B 2 C-2 Legal 58 201 SW 1 St. 24 SW 2 Av 01-4137-035-0040 01-4137-035-0050 SW 2nd Av WS 50ft NIO SW 1st St F/S - 1 B 1 SD-6 Legal 59 1250 NW 7 Ave 01-3125-019-1620 NW 7TH AV WL 50F S/0 NW 13TH ST B 1 C-2 Legal 60 732 NW 7 Ave 01-3135-027-1120 NW 7th Av WS 100ft S/0 NW 8th St F/N - 1 B 2 C-2 Legal 61 737 NW 4 St. 01-0200-010-3010 NW 5TH ST BRG NL 50F WIO MIAMI RIVER B 2 SD-14 Legal 62 405 NW S. River Dr. 01-0200-010-0140 NW 8TH AV EL 100F W/O NW 5TH ST BRG B 2 _ SD-14 Legal 63 500 NW S. River Dr. 01-4138-003-0120 S RIVER DR SL 20F W/O NW 5TH ST B 2 C-1 Roof Legal 64 140 NW 8 Ave 01-4138-003-3250 NW 8th Av WS 50ft S/O NW 2nd St F/S - 1 B 2 SD-14 ' Legal 65 737 NW 4 St. 01-0200-010-3010 NW 5TH ST BRG SL 100F E/O NW 8TH AV B 2 SD-14 Legal 66 470 NW 5 St 01-0107-030-1090 NW 5th St SS 25ft E/0 NW 5th Av FAN - 1 B 1 C-1 Legal 1 EXHIBIT D 453462 Clear Channel - City of Miami Signs to Remain Exhibit D Street Address Tax Folio No. Location Sign Type No. Faces Zoning Roof Structures 07/04 Legal Status 67 728 Biscayne Blvd 01-0104.010-1010 NE 8th St SS 50ft W/O Biscayne Blvd FM - 1 B 2 SD-14 Legal 68 579 W Flagler St. 01-0201-000-1110 W Flagler St NS 100ft E/O NW fith Av FA/ - 1 B 1 C-1 Legal 69 Vacant lot 01-3115-000-0230 NW 12TH AV EL 100F 5/0 MIAMI RIVER BRG B 2 C-2 Legal 70 1190 W Flagler St. 01-4102-005-2770 SW 12TH AV EL 75F S/O W FLAGLER ST B 2 SD-14 Legal 71 800 NW 12 Ave 01-3135-022-0060 NW 12TH AV WL 300F N/O NW 7TH ST B 1 C-2 Legal 72 25 NE 14 St. 01-3136-005-1180 NE 14th St NS 75ft E/O Miami Av F/W - 1 B 1 C-2 Legal 73 18 NW 14 St. 01-3136-009-0410 N Miami Av WS 50ft SIO NE 14th St FIN - 1 8 1 C-2 Legal 74 1304 NE Miami Ct. 01-3136-009-0150 NE 13th St NS 100ft W/O Miami Ct F/E - 1 8 _ 1 C-2 Legal 75 1361 NE 1 Ave 01-3138-012-0030 NE 1st Av ES 100ft S/0 NE 14th St F/S - 1 8 1 C-2 Legal 76 1400 NE 1 Ave 01-3136-005-1420 NE 14th St NS 20ft W/0 NE 1st Av F/E - 1 B 3 C-2 Legal 77 1407 NW 1 PI 01-3136-051-0430 NW 1st PL ES 25ft N/O NW 14th St. B 1 C-2 Legal 78 1900 NE Miami Ct. 01-3136-002-0340 NE 201h St SS 100ft 00 N Miami Av FIE - 1 B 4 C-2 Legal 79 2001 N Miami Av 01-3125-000-0120 NE 201h St NS 50f1 E/0 N Miami Av F/W - 1 B 1 C-2 Legal 80 1900 NE Miami Ct. 01-3136-002-0340 N MIAMI AV EL 150F S/0 NE 20TH ST SF-S 8 3 C-2 Legal 81 170 NE 29 St 01-3125-004-0290 NE 29th St SS 150ft W/O NE 2nd Av F/E - 1 8 2 C-1 Legal 82 FEC Right-of+6202-Way 01-3125-004-0260 NE 29TH ST St 100F W/O FEC RR EF-A B 2 C-2 Legal 83 2505 N Miami Av 01-3125-010-0011 N Miami Av ES 100ft N/O NE 251h St F/N - 1 B 2 C-2 Legal 84 2834 N Maimi Av 01-3125-028-0860 NW 29th St SS 100ft W/O N Miami Av F/E - 1 8 1 C-2 Legal 85 2916 N Miami Av 01-3125-028-0850 N Miami Av WS 200ft N/0 NE 291h St F/S - 1 B 2 C-2 Legal 86 250 NW 36 sl, 01-3125-019-0510 36th St SS 350ft W/O NW 2nd Av F/E • 1 B 1 C-2 Legal 87 300 NW 36 St 01-3125-024-0010 _NW NW 36th St SS 50ft W/O NW 3rd Av F/E - 1 B 2 C-2 Legal 88 3441 NW 7 Ave 01-3125-022-0190 NW 7th Av ES 50ft SIO NW 35th St F/S - 1 B 2 l Legal 89 Vacant lot 01-3125-000-0140 NW 7th Av ES 100ft S/0 NW 34th St FIN - 1 B 1 C-2 Legal 90 2921 NW 7 Ave 01-3125-024-2220 NW 7TH AV EL 100F N/0 NW 30TH ST SF-S 8 1 C-2 Legal 91 2921 NW 7 Ave 01-3125-024-2220 NW 7th Av ES 150ft N/O NW 29th St F/N • 1 B 2 C-2 Legal 92 538 NW 29 St, 01-3125-024-2640 NW 29th St SS 200ft W/O NW 5th Av F/W - 2 8 2 C-2 Legal 93 2838 NW 2 Ave 01-3125-024-3040 NW 2nd Av WS 140ft S/O NW 29th St F/N - 2 B 2 C-2 Legal 94 2137 NW 2 Ave 01-3125-051-0040 NW 2nd Av ES 165ft S/O NW 22nd St F/N - 1 B 2 I Legal 95 175 NW 20 St. 01-3125-054-0550 NW 20th St NS 20ft E/O NW 1st PI F/W - 1 8 2 I Roof Legal 96 Vacant lot 01-3136-035-0200 NW 20TH ST SL 350F E/0 NW 7TH AV WF-E B 2 I Legal 97 765 NW 20 St 01-3126-017-0090 NW 20th St NS 200ft E/0 NW 8th Av FIE - 2 B 2 C-2 Legal 98 2027 NW 7 Ave 01-3125-035-0240 NW 71h Av ES 50ft N/0 NW 20th St F/S - 1 B 1 C-2 Legal 99 2097 NW 7 Ave 01-3125-035-0170 NW 7Ih Av ES 97ft N/0 NW 21st Tr F/N - 1 B 1 'C-2 Legal 100 2225 NW 7 Av 01-3125-035-0040 NW 71h Av ES 120ft SIO NW 23rd St FIN - 1 B 1 IC-2 1 Legal 101 2601 NW 7 Ave 01-3125-047-0350 NW 7TH AV EL 50F N/0 NW 26TH ST SF-S B 2 C-2 Legal 102 1002 NW 36 St. 01-3126-028-0010 NW 36th St SS 5ft W/O NW 10 Av FAN - 2 B 2 C-2 Legal 103 1095 NW 36 St. 01-3126 021-0270 NW 36th St NS 50ft DO NW 11 th Av F/W - 1 B 1 C-2 Legal 104 1068 NW 36 St 01.3126-035-0010 NW 36th St SS 50ft E/0 NW 11th Av F/E - 1 B 2 C-2 Legal 105 2148 NW 10 Ave 01.3126-054-0080 10th Av WS 100ft N/O NW 21st St FIS - 1 B 1 C-2 Legal 106 1636 NW 20 St. 01-3135-005-1860 _NW NW 20th St SS 150ft E/O NW 17th Av F/E - 1 B 2 C-2 Legal 107 1177 NW 21 St. 01-3126-073-0010 NW 12th Av ES 20ft N/O NW 21st Tr F/S - 1 B 2 I Legal 108 1200 NW 29 St 01-3126-039-1831 NW 12th Av WS 100ft S/O NW 29th St FIS - 1 B 4 C-2 Legal 109 1215 NW 29 St 01-3126-039-1800 NW 29th St NS 100ft W/0 NW 12th Av F/E - 1 B 1 C-2 Legal 110 1333 NW 29 St 01-3126-039-4570 NW 29th St NS 25ft E/O NW 13th Av F/W - 1 B 2 C-2 Legal 111 2800 NW 17th AV 01-3127-055-0210 NW 28th St NS 75ft W/0 NW 171h Av F/E - 1 B 1 C-2 ' Legal 112 2800 NW 17th AV 01-3127-055-0210 NW 17TH AV WL 100F N/O NW 28TH ST B 1 C-2 Legal 113 1901 NW 38 St. 01-3122-040-0010 NW 36th St NS 100ft W/O NW 19th Av B 2 C-2 Legal 114 2234 NW 17 Ave 01-3127-039-0040 NW 17th Av WS 85ft S/O NW 23rd St B 2 I Legal 115 1917 NW 17 Ave 01-3135-005-1891 NW 17th Av ES 50ft S/0 NW 20th St B 2 I Legal 116 1750 NW 17 Ave 01-3134-014-0700 NW 17th Av WS 75ft S/O NW 18th St FIN - 2 B 2 I Legal 117 1510 NW 17 Ave 01-3134-015-0550 NW 17th Av WS 50ft N/0 NW 15th St F/S - 1 B 1 C-1 Legal 118 1781 NW N. River Or. 01-3134-000-0060 N River Dr NS 30ft W/O NW 18th Av FIE - 1 8 1 C-2 Legal Legal 119 2188 NW 20 St. 01.3134-020-0150 NW 20th St SS 95ft E/0 NW 22nd Av FM - 2 B 2 C-2 120 2051 NW 22 Ave 01-3134-020-0030 NW 22nd Av ES 125ft S/O NW 21st St FIN - 1 B 1 C-2 Legal 121 2145 NW 27 Ave 01-3127-046-0610 NW 27th Av ES 100ft S/O NW 21st Tr F/S - 2 8 2 C-2 Legal 122 2301 NW 27 AV 01-3127-004-0400 NW 27th Av ES 100ft N/O NW 23rd St FIS - 2 B 2 C-2 Legal 123 3001 NW 27 AV 01-3127-016-1410 NW 27TH AV EL 50F N/O NW 30TH ST SF-E 8 2 C-2 Legal 124 3598 NW 27 Ave 01-3127-001-0440 NW 271h Av WS 25ft S/0 NW 36th St FIS -1 8 4 C-2 Roof Legal 125 2170 NW 36 St. 01-3127-010-0680 NW 36th St SS 100ft E/O NW 22nd Av F/E - 1 B 2 C-2 Legal 126 2001 NW 36 St. 01-3122-000-0840 NW 36th St NS 50ft W/O NW 20th Av F/E - 2 B 2 C-2 Legal 127 3636 NW 36 St. 01-3128-014-1820 NW 36th St SS 50ft E/O NW 37th Av F/W - 2 B 2 C-2 Legal 128 3623 NW 36 St. 01-3121-039-0010 NW 36th St NS 100ft W/0 NW 36th Av FAN - 1 B 2 C-2 Legal 129 3320 NW 36 St. 01-3128-014-3440 NW 36th St SS 100ft W/0 NW 33rd Av F/W - 2 B 2 C-2 Legal 130 3275 NW 36 St. 01-3121-014-0110 NW 36th St NS 50ft E/O NW 33 Av F/E - 2 8 4 C-2 Legal 131 3220 NW 36 St. 101-3128-013-0760 NW 36th St SS 100ft W/0 NW 32nd Av FIE - 1 B 2 C-2 Legal 132 5880 NW 17th Ave 01.3115-004-0110 NW 17TH AV WL 100F S/O NW 59TH ST NF-S B 2 C-2 Legal 2 EXHIBIT D 453462 Clear Channel - City of Miami Signs to Remain Exhibit D . Street Address Tax Folio No. Location Sign Type No. Faces Zoning Roof Structures 07/04 Legal Status 133 5211 NW 17 Ave 01-3122-052-0560 NW 17th Av ES 100ft S/O NW 53rd St F/N - 1 B 2 C-2 Legal 134 1715 NW 53 St. 01-3122-052-0560 NW 17th Av WS 100ft N/O NW 53rd St F/N - 2 B 2 C-2 Legal _ 135 5100 NW 17 Ave 01-3122-052-4320 NW 17th Av WS 50ft S/O NW 51st St F/N - 2 B 2 C-2 Legal 136 4855 NW 17th Ave 01.3123-015-0050 NW 17th Av ES 50ft S/O NW 47th St F/N - 1 B 2 C-2 Legal 137 4640 NW 17th Ave 01.3122-014-0090 NW 17th Av WS 100ft N/O NW 46th St F/S - 1 B 1 C-2 Le$al 138 3705 NW 2 Ave 01-3124-024-1371 NW 2ND AV EL 50F N/O NW 37TH ST SF-S B 1 C-2 Legal 139 411 NE 61 SI 01-3218-030-0160 NE 61st St NS 100ft W/O NE 4th Ct NW - 1 B 1 C-1 Legal 140 1790 NW 54 SI. 01-3122-052-3060 NW 54th SS 15OFT W/O NW 17th Av B 4 C-1 Legal 141 1785 NW 54 St. 01-3122-052-2980 NW 54th St NL 100F E/0 NW 18th AV WF-E B 4 C-1 Legal 142 1220 NW 54 St. 01-3123-012-0020 NW 54th St SS 200k W/0 NW 12th Av F/W -2 8 2 C-1 Roof Legal 143 799 NW 54 St. 01-3114-029-0271 NW 54th St NS 70ft W/0 NW 7th Ct FIW - 1 B 2 C-1 Legal 144 5575 NW 7th Ave 01-3113-048.0100 NW 7th Av ES 50ft S/0 NW 58th St F/S - 2 B 2 C-1 Legal 145 190 NW 54 St. 01-3124-013-0020 NW 54TH ST SL 50F DO NW 2ND AV WF-E B 4 C-1 Legal 146 5133 NW 2 Ave 01-3124-013-0790 NW 2nd Av ES 25ft SIO NW 52nd St FIN - 1 B 2 C-1 Legal 147 4119 NW 2 Ave 01-3124-020-0110 NW 2nd Av ES 75ft N/0 NW 41st St FIN - 1 B 2 C-2 Legal 148 120-150 NW 54 St. 01-3124-013-0060 NW 54th St SS 100ft W/O NW 1st Av FM! - 2 B 2 C-1 Legal 149 3 NE 54 St. 01-3113-032-0160 N Miami Av ES 75ft N/0 NE 54th SI F/S - 2 B 2 C-2 Legal 150 487 NE 54 St. 01-3218-019-0010 BISCAYNE BD WL 100F S/O NE 55TH TR NF-S B 4 SD-12 Legal 151 1 NW 62 St, 01-3113-013-0100 NW 62nd St NS 10ft W/O N Miami Av FIE - 1 8 2 C-1 Roof Legal 152 1 NW 62 St, 01-3113-013-0100 NW 62nd St NS 25ft W/O N Miami Av FIE - 1 B 3 C-1 Roof Legal * 153 454 NE 79 St. 01-3207-000-0120 NE 79th St SS 15ft E/O NE 4th Ct FM/ - 3 B 2 C-1 Roof LegaI 154 7935-45 Bicayne Blvd. 01-3207-016-3400 Biscayne Blvd ES 50ft S/0 NE 80th St F/S - 3 B 3 C-1 Roof Legal 155 677 NE 79 St 01-3207-017-0270 NE 79th St NS 150ft W/0 NE 7th Av FIE - 1 B 1 C-1 Legal 156 701 NE 79 St. 01-3207-017-0160 NE 7th Av ES 70ft N/O NE 79th St F/S - 1 B 2 C-1 Legal *157 724 NE 79 St. 01-3207-017-0740 NE 79th St SS 100ft E/O NE 7th Av F/E - 1 8 2 C-1 Roof Legal *158 885 NE 79 St. 01-3207-016-3170 NE 79th St NS 200ft E/O NE 8th Ct F/W - 1 B 2 C-1 Roof Legal 159 829 NE 79 St. 01-3207-017-0740 NE 79th St NS 50ft W/O NE 8th Ct F/W - 1 B 2 C-1 Roof Legal 160 916 NE 79 St 01.3207.016-3570 NE 79th St SS 300ft W/O NE 10th Av F/E - 1 B 4 ' C-1 Legal 161 1025 NE 79 St. 01-3207-0162880 NE 79TH ST NL 300F E/O NE 10TH AV WF-S B 2 C-1 Legal 162 7889 N Bayshore Dr, 01-3208-008-0530 NE 79th St. SS 10FT W/O NE 11th Ave 8 1 C-1 Legal 163 1165 NE 79 St. 01-3208-011-0080 NE 11TH AV EL 50F NIO NE 79TH ST SF-E B 2 C-1 Legal 164 FEC-Right-of-Way NE 82ND ST SL 25F E/0 NE 4TH CT EF-E B 2 C-1 Legal 165 7319-21 N Miami Ave 01-3112-068-0080 N Miami Av WS 200ft S/O NW 74th St F/N - 2 B 2 C-2 Legal 166 734 N Miami Ave 01-3112-069-0100 N Miami Av ES 200ft N/O NE 73rd St F/N - 1 B 4 C-2 Legal _ 167 196 NW 79 St. 01-3112-048-0160 NW 79th St SS 100ft E/0 NW 2nd Av F/E - 1 B 2 C-2 Legal 168 261 NW 79 St. 01-3112-023-1700 NW 79th St NS 100ft W/0 NW 2nd Av F/E - 2 B 2 C-2 Legal 169 7840 NW 5 Ave 01-3112-016-0160 NW 79th St SS 50ft W/O NW 5th Av F/W - 2 B 2 C-2 Legal 170 7470 NW 7th Ave 01-3111-035-2990 NW 7th Av WS 50ft SIO NW 75th St FIN - 2 B 3 C-2 Legal 171 630 NW 71 St. 01-3113-024-0770 NW 71st St SS 25ft E/O NW 6th Av F/E - 1 B 1 C-1 Legal 172 181 NW 71 St. 01-3112-067-0300 NW 71st St NS 150ft E/O NW 2nd Av F/E - 2 B 2 C-2 Legal Legal 173 7004 NW 7th Ave 01-3114.019-0340 NW 7th Av WS 50ft NIO NW 70th St F/N - 2 B 2 C-2 174 7011 NW 7 Ave 01-3113-024-1060 NW 7th Av ES 280ft S/0 NW 71st St. B 4 C-2 Legal 175 6810 NW 7th Ave 01-3114-087-0020 NW 7th Av WS 200ft N/O NW 67th St F/N - 2 B 2 C-2 Legal 176 6501 NW 7 Ave 01-3113-026-0490 NW 7th Av ES 50ft N/0 NW 65th St F/N - 1 B 2 C-1 Legal 358 Legal 177 3791 Bird Rd. '01-4117-003.1400 Bird Rd NS 36ft DO SW 38th Av FNV - 1 C 2 C-2 Legal _ 178 3850 Bird Rd 01-4121-004-0040 Bird Rd NS 65ft E/0 SW 39th Av FAN - 1 C 2 C-2 Legal 179 3820 Bird Rd 01-4117-003-1900 Bird Rd SS 80ft E/O SW 38th Ct FIE - 1 C ' 2 C-2 Legal 180 3650 Bird Rd 01-4121-004-0010 Bird Rd SS 130ft E/O SW 37th Av FNV - 2 C 2 C-2 Legal 181 3010 SW 37 Ave 01.4121-008-0210 Bird rd SIL 130ft W/0 SW 37th Av C 1 C-2 Legal 182 3635 S. Dixie Hwy 01-4121-006-0210 US HWY 1 W/L 300FT S/Q SW 37TH AV C 1 C-2 Legal 183 3850 S. Dixie Hwy 01-4103-044-0010 1 ES 300ft SIO SW 37th Av F/N - 1 C 2 C-2 Legal 184 3635 S Dixle Hwy 01-4121-006-0210 _US 1 WS 500ft SIO Bird Rd FIN - 2 C 2 C-2 Legal 185 3621 S Dixie Hwy _US 01-4121-002-1550 US 1 WS 100ft S/0 Bird Rd F!S • 1 C 2 C-2 Roof Legal 186 2733 SW 27th Av 01-4115-088-1380 SW 27th Av ES 50ft S/0 SW 27th St FIN - 1 C 1 C-1 Legal 187 600 SW 22 Ave. 01-4103-044-0010 SW 22nd Av WS 75ft S/0 SW 61h St F/S - 1 C 2 C-1 Legal 188 500 NW 22 Ave 01-4103-035-0040 NW 22nd Av WS 50ft NIO NW 6th St FIS - 1 C 2 C-1 Legal 189 Beacon Blvd & SW 1st Street 01.4103.036-0210 Beacon BD EL 15F N/0 SW 1st St C 1 C-1 Legal 190 3175 SW 8 St. 01-4104-037-1030 SW 8th St NS 100k DO SW 32nd Av F/W - 1 C 3 C-1 Legal 191 SW 8 St. & SW 37 Ave Vacant Lot 01-4109-023-0021 SW 8th St SS 50ft E/O SW 37th Av FNV - 2 C 2 C-1 Legal 192 3885 SW 8 St 01-4105.048-0010 Ponce de leon bd w/1 50ft n/o SW 8th St C 1 C-1 Legal 193 5600 NW 7 St 01-4106.004-0010 NW 7th St SS 300ft E/0 NW 57th Av F/E - 1 C 3 C-2 Legal 194 1001 NW 42 Ave. 01-3132-013-0350 Le Jeune Rd ES 194ft S/O NW 11th St F/N - 1 C 2 C-2 Legal 195 1050 Le Jeune Rd. 01-3132-002-0010 Le Jeune Rd WS 100ft S/O NW 11th St F/S - 1 C 2 C-2 , Legal 3 EXHIBIT D 453482 Clear Channel - City of Miami Signs to Remain Exhibit D Street Address Tax Folio No. Location Sign Type No. Faces Zoning Roof Structures 07/04 Legal Status 196 4110111 Le Jeune Rd. 01-3132-009-0010 Le Jeune Rd WS 145ft N/0 NW 111h St F/S - 1 C 1 C-2 Legal 197 835 NW 42 Ave 01-3132-013-0550 Le Jeune Rd E/L 288ft S/0 NW 9th St. C 2 C-2 Legal 198 875 NW 42 Ave 01-3132-013-0610 Le Jeune Rd ES 50ft S/0 NW 9th St FIS - 2 C 2 C-2 Legal 199 901 NW 42 Ave 01-3132-013-0310 Le Jeune Rd ES 225ft N/O NW 9th St FIN - 1 C 2 C-2 Legal 200 709 NW 42 Ave 01-3132-013-0530 Le Jeune Rd E/L 100ft N/0 NW 7th St. C 2 C-2 Legal 201 450 NW 37 Av '01-4105-042-0010 NW 7TH ST SL 100FT W/O NW 38TH CT EF C 3 C-2 Legal 202 444 NW 27 Av 01-4104-012-0670 NW 27TH AV W/L 85F S/0 NW 4TH ST C 2 C-1 Legal 203 701 NW 27 Ave. 01-3134-035-0170 NW 27TH AV E/L 10 F N/0 NW 7TH ST S C 2 C-1 Roof Legal 204 2715 NW 11 St. 01-3133-058-0012 NW 27TH AV WL 25F N/O NW 11 ST SF C 1 C-1 Legal 205 940 NW 27 Av 01-3133-023-0360 NW 27th Av WS 240ft N/0 NW 9th St FIS - 1 C 2 C-1 Legal 206 1895 SW 8 St. 01-4102-012-0080 SW 17TH AV EIL 100 F N/0 SW 8TH ST S C 1 SD-14 Legal 207 801 SW 1 St. 01-4138-003-3030 SW 1ST ST N/L 10 F W/O SW 8TH AV W C 1 C-1 Roof Legal 208 Vacant Lot 01-0201-060-1090 SW 8TH ST N/L 50 F E/0 S MIAMI AV W C 1 SD-7 Legal 209 818 SW 4 St. 01-0206-000-1020 1.95 W/L 100 F S/O SW 8TH ST S C 2 C-1 Legal 210 1953 NW 7 Ave 01-3136-035-0350 NW 7th AV EIL 10' N/0 NW 19TH ST S C 1 I Legal 211 737 NW 4 St. 01-0200-010-3000 NW 5TH ST BRG S/L 100 F E/O NW 8TH AV W C 1 SO-14 Legal 212 2 S. Biscayne Blvd 01-0112-000-1040 Biscayne Blvd WS 150ft S/O NE 1st St FIN - 2 C 2 SO-6 Legal 213 728 Biscayne Blvd 01-0104-010-1010 BISCAYNE BD WIL 150 F N/0 NE 7TH ST N C 1 SD-6 _ Legal 214 728 Biscayne Blvd 01-0104-010-1010 BISCAYNE BD WIL 10 F S/0 NE 8TH ST S C 1 SD-6 Legal 215 928 Biscayne Blvd 01-0102-010-1019 BISCAYNE BLVD W/L 50 F SIO NE 9TH ST N C 1 SD-6 Legal 216 728 Biscayne Blvd 01-0104-010-1010 NE 2ND AV E/L 150 F 5/0 NE 8TH ST N C 1 SD-6 Legal 217 1190 W Flagler St. 01-4102-005-2770 NW 12TH AV E/L 10 F S/0 FLAGLER ST N C 1 C-1 Legal 218 1200 NW S. River Dr 01-3135-022-0070 NW 12TH AV W/L 500 F N/0 NW 7TH ST S C 2 C-2 Legal 219 1350 Biscayne Blvd 01-3231-056-0010 BISCAYNE BD W/L 25 F S/O NE 13TH ST N C 2 SD-6 Legal 220 1350 Biscayne Blvd 01-3231-056-0010 BISCAYNE BD WIL 25 F S/O NE 13TH ST N C 2 SD-6 Legal 221 1350 Biscayne Blvd 01-3231-056-0010 BISCAYNE BD WIL 25 F S/O NE 13TH ST N C 1 SD-6 Legal 222 1413 NW 1 PI 01-3136.051-0590 395 Expwy NS 1800ft EIO 1-95 F/W - 1 C 1 C-2 Legal 223 1483 NW 7 Ave 01-3136-035-0110 836 Expwy NS 500ft W/01-95 F/W - 1 C 2 C-2 Legal 224 1669 NW 6 PI d1-3138-035-0500 1-95 W/L 100 F S/0 NW 17TH ST S . C 2 C-2 Legal 225 643 NW 27 St. �01-3125-035-2500 1-95 Wit 20 F N/0 NW 20TH ST S C 2 �C-2 Legal ' 226 656 NW 32 St. 01-3125-026-0120 1-95 WIL 50 F N/0 NW 27TH ST S C 2 C-2 Legal 227 656 NW 32 St, • 01-3125-026-0120 1-95 W/L 100 F SI0 NW 32ND ST S C 2 C-2 Legal 228 1002 NW 38 St. 01-3126-028-0010 NW 36TH ST S/L 5 F W/0 NW 10 AV E C 1 C-2 Legal 229 3701 NW 7 Av 01-3124-003-3190 1-95 WIL 200 F S/O AIRPORT EXPWY S C 2 C-2 Legal 230 3535 NW 17 Av 01-3126-038-0020 NW 36TH ST S/L 10 F E/0 NW 17TH AV W C 1 C-2 Roof Leg_a1 231 2188 NW 20 St. 01-3134-020-0150 NW 20TH ST S/L 95 F EIO NW 22ND AV E C 1 C-2 Legal 232 2001 NW 27 Av 01-3127-048.0510 NW 27th Av ES 25ft N/O NW 20th St F/S - 2 C 2 I Roof Legal 233 2170 NW 36 St, 01-3127.010-0680 NW 36th St SS 100ft EIO NW 22nd Av FAN- 3 C 2 C-2 Legal 234 1544 NW 39 St, 01-3123-038-0520 AIRPORT EXPWY Sit 500 F E/0 NW 17TH AV E C 3 C-2 Legal 235 1096 NW 54 5t. 01-3123-006-1141 NW 54TH ST S/L 50 F E/O NW 11TH AV W C 1 C-1 Legal_ 236 596 NW 54 St. 01-3124-013-1750 1-95 E/L 10' S/O NW 54 ST S C 2 C-2 Legal 237 150 NW 54 St. 01-3124-013-0060 NW 54TH ST S/L 100 F W/O NW 1ST AV E C 1 C-1 Roof Legal 238 174 NE 54 St. 01-3124-008-0020 NE 54TH ST S/L 50 F W/0 NE 2ND AV E C 1 C-1 Legal 239 487 NE 54 St 01-3128-019-0010 BISCAYNE BD W/L 25 F S/0 NE 55TH TRR N C 1 C-1 Legal 240 5600 Biscayne Blvd 01-3218-038-0380 BISCAYNE BLVD WL 20 F N/O NE 56TH ST S C 1 C-1 Legal *241 454 NE 79 St. 01-3207-000-0120 NE 79TH ST S/L 15 F EIO NE 4TH CT E C 1 C-1 Roof Legal * 242 847 NE 79 St 01-3207-017-0320 NE 79TH ST NIL 200 F E/0 BISCAYNE BD W C 1 C-1 Roof Legal 243 701 NE 79 St 01-3207-017-0160 NE 79TH ST N/L 100 F E/O NE 7TH AV W C 1 C-1 Legal * 244 724 NE 79 St. 01-3207-017-0740 NE 79th SL 100ft E/O NE 7th Av C 1 C-1 Roof Legal 245 1085 NE 79 St 01-3207-018-2930 NE 79TH 5T NIL 500 F EIO NE 10TH AV E C 1 C-1 Legal 246 7889 N Bayshore Dr. 01-3208-008-0530 NE 79TH ST S/L 10 F W/0 NE 11TH AV E C 1 C-1 Legal 247 1177 NE 79 St. 01-3208-011-0080 NE 79th St NS 50ft W/0 NE 12th Av F/E - 2 C 2 C-1 Legal 248 515 NW 72 St 01-3112-025-0071 1-95 E/L 150 F N/0 NW 72ND ST N C 2 C-2 Legal 249 7836 NW 6 Ct 01-3112-017-0380 1-95 W/L 25 F SIO NW 79TH ST S C 2 C-2 Legal 250 6145 NW 7th Ave 01-3113-040-0740 NW 62ND ST S/L 10 F E/O NW 7TH AV W C 1 SO-1 Legal 118 Total 476 4 EXHIBIT D 453462 EXHIBIT E Amended Permit sites are limited to the following areas, excluding those portions thereof which the City has designated as "Gateways:" 1. North and South side of 836 between N.W. 7th Avenue and N.W. 45th Avenue 2. North and South side of State Road 112 West of 1-95. 3. West and East side of 1-95 between S.W. 1st Avenue and N.W. 81st Street, but excluding Biscayne Boulevard. Amended Permit Signs erected pursuant to paragraph 3 of the Agreement may be constructed to the height allowed in the regulations adopted by the Florida Department of Transportation for outdoor advertising signs. MIAMI 401519 vl (2K) CITY OF MIANn Petitioner vs. CODE ENFORCEMENT CITY OF MIAMI, FLORIDA RICHARD AND SUNNY MANAGAN Owners of property Iocated at 7836 NW 6 Court, Miami, FL Respondents And Owners of property located at: 3705 NW 2' Avenue, Miami, FL 662 NW 20 Street, Miami, FL 3441 NW 7th Avenue, Miami, FL 1413 NW 1" Place, Miami, FL 515 NW 2nd Street, Miami, FL (dismissed) 3297 NW 7`h Avenue, Miami, FL (diunisaed) Respondents And CLEAR CHANNEL OUTDOOR, INC. Tenant BEFORE SPECLAL MASTER JEFFERY ALLEN CASE NO. 0117360 AND CASE NO.0117199 CASE N0.0117138 CASE NO.0117228 CASE NO.0117200 CASE NO.01173 50 (dimi.u.d) CASE NO.01173 53 (dism .0 d) OPINION AND ORDER A Code Enforcement administrative hearing on the above -referenced matter was held on June 20, 2002. After careful consideration of the testimony, exhibits, transcript of the hearing, and accompanying written legal memoranda, the Special Master issues the following Opinion and Order. This Opinion & Order should be read in tandem with the separately issued Order addressing preliminary issues raised by the Respondents in their memorandum of law. Counsel for both patties submitted memoranda of law regarding jurisdiction, statutory interpretation, statute of limitadons, procedure, estoppel, notice and burden of proof Since neither memorandum of law provided proposed findings of facts or conclusions of law, this Special Master characterised these memoranda as a Motion to Dismiss and the Response to the Motion to Dismiss. The Order is eatitled "Order Denying Motion to Dismiss," issued 10/02. 1 Preliminary Statement This enforcement proceeding represents a series of cases involving billboards•tocated within 200 feet of a limited access highway. Based on a verbal agreement among the parties, and for purposes of judicial economy, this Opinion and Order is binding upon those Respondents who are members of a class of property owners united by a common tenant, ie, Clear Channel Outdoor, and identical issues. Procedural History In May 2002,the City of Miami (Petitioner) issued Notices of Violation to the Respondents and other landowners whose properties contained outdoor advertising signs (billboards) that were not in compliance with section 926.1.5. of the Miami Zoning Code. The Respondents, 'who did not bring their property into compliance, were then summoned to appear before the City of Miami's Code Enforcement Board for an administrative hearing scheduled for June 2002. Courtesy copies of the Notice and Summons were forwarded to Clear Channel Outdoor Inc., the owners of the signs. On June 20, 2002, an administrative hearing was held before this Special Master, sitting as the Enforcement. Board. All parties were present. At the hearing, witnesses gave sworn testimony, documents were offered and received into evidence, and arguments were presented. FINDINGS OF FACT 1. The Petitioner (City of Miami) is charged with the responsibility to administer and enforce the provisions of the Zoning Code governing the location of outdoor advertising signs within the City of Miami. The authority includes the authorization to issue Notices of Violations for unpermitted outdoor advertising signs located within the Petitioner's jurisdiction. (Transcript at 19-20) 2 During the !tearing held June 20, 2002, the parties stipulated to consolidate all pending uses regarding outdoor advertising signs which are owned by Clear Channel Outdoor, Inc and Iocated along expressways within the City of Miami. (Transcript at 237 & 241) For this reason, ail references to the Respondents will be plural. 2 2. 'The Respondents are landowners, who have Leased their property to Clear Channel Outdoor, Inc. 3. Clear Channel Outdoor, Inc. is a corporation ensured in the business of owning, erecting and maintaining outdoor advertising signs (billboards). Clear Channel, the successor of Eller Media and Ackerly Communication, owns and maintains billboards on the Respondents' property, These billboards are located adjacent to expressways within Miami. (Transcript at 52-53, 174, 208, 224, 3 53 ) 4. Of the various billboards owned by Clear Channel, Clear Channel maintains 5 billboard sites which are located within 200 feet of the right-of-way of expressways in Miami. These signs fail Within the Petitioner's jurisdiction. (Transcript at 21, 52-53, 202, 204, 237, 271-277, Petitioner's Exhibit 1) 5. The billboard located at 7836 NW 6 Court was erected in I963. Over the succeeding years, annual renewal notices were forwarded to the billboard owners by the City of Miami, The ' current billboard owners have received permit renewals notices for the sign for calendar years 1989 through 2001. (Transcript at 180, 341-342,369-370, Respondents' Exhibits #2 and 44)3 6. Each year Clear Channel has paid to the City of Miami the annual permit renewal fee for each of its 5 billboards. These permit fees have been paid for the years 1989 through 2001 and accepted by the City. (Respondents' Exhibits #2, 03 and #4, Transcript at 227-228, 282-283, 370) 7. In practice, permit renewal notices and accompanying fee schedules are issued routinely by the City's Zoning Department each year. The notice includes a request to furnish a list of all billboards held by the permittee. (Respondents' Exhibits #3 and #4, Transcript at 316, 341-342) 3 Over the Petitioacr's objections, Respondents' Exhibit 2 tor identification was tender d and reuived into evidence. Sec Transcript at 198. 3 8. On May 23 1985, thc. Miami City Commission adopted Ordinance No. 9993 which prohibited the Location of billboards within 600 feet of the right-of-way lines of limited access highways, including expressways. (Respondents' Exhibit) 9. On July 25, 1935, the City Commission adopted Ordinance No. 10037, amending the previously enacted sign Law. The amendment prohibited billboards, which face highways or expressways at a greater than a 30 degree angle, from being located within in 200 feet of the right-of-way lines of highways and expressways. The amendment also provided that "a maximum of I0 in number which face such highways may be.... located within 200 feet of the... highway or expressway after approval by the City Commission." (Respondents' Exhibit) 10. On January 27, 1993, the City Commis§ion adopted Ordinance I1604. This Ordinance. repealed the 600 foot limit (set forth in Ordinance 10037) by extending the setback requirement to 660 feet. The Ordinance also qualified the 10 exempt billboards by adding the phrase "including those presently in place." (Respondents' Exhibit) 11. The billboards at issue are not one of the 10 excepted billboards referenced in Ordinance No.10037 and Ordinance 11604. (Transcript at 23) 12. As a result of the sign ordinances adopted by the City in 1985 and 1998, the billboards in issue became nonconforming due to their location.(Transcript at 115) I3. In May 2002, 17 years after the enactment of Ordinance 10037 and 4 years after the enactment of Ordinance 11604, the Miami Code Enforcement . Division :'djscovered the Respondent's signs were within 200 feet of the City's highways and expressways and were not one of the 10 billboards exempted from the law's proscriptions. Upon the discovering that the signs were not in compliance with Ordinance 11604 - codified as section 926.15 of the Zoning Code - the Code Enforcement Division cited the Respondents for the violation and ordered the signs to be removed. (Respondents' Exhibit #1) 14. To date, the Respondents have not removed their signs. 4 CONCLUSIONS OF .rAW 1. The Respondents are in violation of Section 926.15 of the City Zoning Code. That section expressly provides that no outdoor advertising sign may be erected or maintained within 200 fee.t of the right-of-way of an access highway or expressway unless it is one of 10 signs specially permitted. The section reads, in pertinent part: 926.15.2 Limitation on location, orientation, spacing height, type and embellishments of outdoor advertising signs in relation to limited access highways and expressways. Except as other wise provided in section 926.15.1, outdoor advertising signs may be erected, constructed, altered, maintained or relocated within in 660 feet but no nearer that 200 feet of any Iimited access highway and expressways as established by the State of Florida or any political subdivisions, provided that such sign faces are parallel to or at an angle of not greater that 30 degrees with the centerline of any such limited access highway and faced away from such highway. 926.15.2.1. No outdoor advertising sign which faces a limited access highway including expressways as established by the State of Florida to a greater degree that permitted in section 926.15.2 shall b be erected, constructed, altered, maintained, replaced or relocated within 660 feet of any such highways including expressways, easterly of 1-95 and southerly of 36t street. Outdoor advertising signs, a maximum of 10 in number, including those presently in place, which face such limited access highways may be erected, constructed, altered, maintained, replaced or relocated within 200 feet of the westerly side of I-95 right-of-way lines, or that portion of the easterly side of I- 95 which lies north of36t Street, or of any limited access highway, including expressways as established by the State of Florida or any of its political • subdivisions, westerly of I-95; or which lie easterly of T 5. -and north of 36t Street, after City Commission approval.... 2. The 5 outdoor advertising signs maintained, erected and owned by the Respondents' tenant, Clear Channel, axe located within 200 feet of an expressway. None of the 5 signs are one of the 10 signs identified as exempt. (Transcript 52-53, 23, 34, Petitioner's Exhibit 1) 3. Despite this fact, the Respondents, through their witnesses, presented testimony that the phrase "10 in number including those presently in place" set forth in section 926.15 was not intended to exclude all signs existing prior to the enactment of the provision. In support of their 5 position, the Respondents presented a chronology of earlier enacted preceding ordinances which regulated and established standards similar to the current law regarding outdoor advertising signs. These ordinances grand -fathered all nonconforming signs adjacent to expressways and limited the erection of new signs to 10, the Respondents contend. In particular, the Respondents argue that §926.15 was derived from Ordinances #9993, Resolution 85-540, County Ordinance 85-36 and Ordinance #10037, adopted in May 1985, May 1985, June 1985, and July I935 respectively. Based on a presumption of a legislative intent to incorporate identical language when the City Commission enacted §926.15, the Special Master should construe the current sign law consistent with prior law to accomplish the original purpose. The Respondents conclude that the current taw's reference to "a maximum of 10 signs" merely refers to 10 "new" signs and does not include in this number preexisting nonconforming signs, such as the Respondents. Therefore, signs classified as nonconforming uses are entitled to remain. (Transcript at 16I-164, 166-171, Respondents' Memorandum of Law) 4. The Special Master examined these ordinances and concludes that the Respondents' interpretation of the current sign law is incorrect. Section 4 of Ordinance * 11604, which is the genesis of Section 926.15 expressly provides: "all ordinances or parts of ordinances insofar as they are inconsistentdr in conflict with the provisions of this Ordinance are hereby repealed." Thus, it is clear that the provisions of the prior ordinances which are inconsistent with current law are repealed. 5 . Alternatively the Respondents argued at the hearing that the Respondents' nonconforming signs may remain until the year 2005, the amortization expiration date. The Respondents argued that as a nonconforming structure, the signs are subject to the amortization provision of section 1 104 which, generally, permits an outdoor advertising sign to remain in existence 20 years after the date it becomes nonconforming. (Transcript at 190-195, 288, 292-293, 392-394, Respondents' Memorandum of Law) The Special Master finds this evidence unpersuasive. The amortization provisions of §1107.2.2 govern. Pursuant to that section, a non -conforming "characteristic of use" which includes outdoor advertising signs is subject to a 5 year amortization period, not a 20 year period. 'fi Therefore, the Respondents' signs were not lawfully in existence as of 1990, 5 years after the date the signs became non -conforming signs. 6. The Special Master also finds the erroneous issuance of a renewal or re -issuance of the original permits by the Zoning Department does not convert an unauthorized use into a lawful use. Respondents mistakenly rely upon the constructive administrative interpretation of section 926.15 by the Department's conduct in which, by its actions, the Department permitted the continued existence of the billboards at the same location by renewing the original permits without requiring a new application or permit until 2001. (Transcript 355-358) While it is true that the construction of a statute or ordinance by those whose duty it is to carry it into effect is given great weight, this is only true if the administrative interpretation is not clearly erroneous. Section 2107 of the Zoning Code supports this conclusion. That section expressly provides: A permit or certificate of use issued in error shall not confer any rights to construction or occupancy, and upon a finding that a permit has been so issued, it shall be revoked, provided actual construction has not been commenced. No permit or certificate . of use shall be deemed or construed to authorize violations of any provisions of this zoning ordinance, and such permits or certificates shall be deemed or construed to be valid only to the extent that the work authorized is lawful_ Issuance of a building permit based upon plans shall not prevent the zoning administrator from requiring thereafter correction of et'rors,. in • such plans. _ Issuance of a certificate of use based upon application shall not prevent the zoning administrator from requiring correction of the application or any violation of the use regulations of the district. 7. Accordingly its follows, relief under the doctrine of equitable estoppel is inappropriate, despite the Respondents' contentions. (Transcript at 190-194) The Zoning Department did not have the authority to renew the Respondents' permits in 1990- 2001. Estoppel may be invoked against a governmental agency ordy when the agency has the power to do that which it promised to do, which led the opposing party reasonably and justifiably to believe it would do. 7 The undisputed facts establish that the Respondents' advertising signs were not exempt from proscription of the sign law, notwithstanding the fact they were authorized and approved as such by the City. 8. The Petitioner having established the Respondents' billboards are not permitted signs. T' e Respondents having failed to establish that an exception applies, it is concluded that the subject billboards are in violation of section 926.15 of the Zoning Code. Therefore they are subject J to . ORDER WHEREFORE based on the Finding of Facts and the Conclusions of Law, it is here ADJUDGED and ORDERED: by. That aII signs located within 200 feet of highways and expressways in Miami, Florida erected on the Respondents' property and owned by Clear Channel Outdoor, Inc. be removed within 90 days from the date of said order. DONE and ENTERED this 3%. day of October, 2002 in Miami, Florida. Z.13. /1 11 LEN, Special Master Division of Code Enforcement Miami, Florida Filed with the Clerk of the Code Enforcement Division of Administrative Hearings this day of October, 2002. Copies furnished to: Douglas Halsey, and Erilc S. Swenson, Esquire White & Case LLP First Union Financial center 200 S. Biscayne Blvd Miami, FL 33131 Attorneys for Respondents Marty Patrick Esquire 1141 Kane Concourse Bay Harbor Islands, FL 33154 Attorney for Respondents 8 41. Joel Maxwell, Esquire,/ / rni Turin, Esquire City ofNEami Law Department 444 Southwest 2"i Avenue, Ste 945 Miami, FL 33130 Attorney for the Petitioner Carol Lick°, Esquire Hogan & Hanson, LLP 1 1 1 1 Brickell Avenue, Ste I900 Miami, FL 33131 Attorney for the Petitioner 9 CITY OF MiANII DEPARTMENT OF PLANNING & ZONING HEARING BOARDS DIVISION CODE ENFORCEMENT BOARD IN RE MATTER OF: CITY OF MIAMI Petitioner ` vs.. Marks Classic Corp. Respondent Case No.: 0207881 ORDER, This Order supersedes the Order of this Special Master dated May 29, 2002. The Matter came to be heard at a final hearing on May 22, 2002, concerning violations of the City of Miami Code and sections of the Zoning Ordinance, and on June 3, 2002 on the Respondent's Motion for Reconsideration, the Special Master having heard all interested parties, reviewed the record, and the City of Miami Code, the City of Miami Zoning Ordinance, and otherwise being fully advised in the premises, finds as follows: 1. Chapter 162, Florida Statutes, which controls municipal code violations, does not include any limitations period during which violations of municipal codes must be commenced. Nothing in Chapter 95, Florida Statutes refers to or pertains to municipal code violations and therefore it does not apply to these proceedings. 2. The subject sign is located in a Cl zoning district. Article 4 of the City of Miami Zoning Code prohibits outdooradvertising signs, such as the subject sign, in CI zoning districts. Therefore, Respondent, Marks Classic Corp., is in violation of the City of Miami Code and is hereby found guilty ofsaid violation. 3. Ordinance 11000, Article 11, Section 1107.2.2 provided that any sign, billboard, or couunercial advertising structure which constitutes a nonconforming characteristic of use shall be completely removed from the premises within five (5) years ("amortization period") from the date it became nonconforming. 4. The effective date of Ordinance 11000 was September 4, 1990. The five (5) year amortization period expired on September 4, 1995. 5. In April, 2002, the Miami City Commission adopted Ordinance 12213 which repealed Article 11, Section 11 07.2.2. '6. Marks Classic Corp., asserts that Section 1107.2.2, which is penal in nature, as repealed, is of no force and effect as Ordinance 12213 contains no savings clause. The proceedings in this matter were first brought on April 22, 2002, after the date of repeal and this Special Master dismissed these proceedings based on that assertion. 7. These proceedings were re -noticed and rescheduled for May 22, 2002. The Notice of Violation issued for these proceedings contains language referring to Article 11 as well as language advising the violator(s) of the status of their violation in accordance with other provisions of the City of Miami Code. The Notice is proper. 8. The amortization period contained in Article 11, Section 1107.2.2, (1990) expired on September 4, 1995 and therefore a savings clause is not required to "save" this Article. The subject sign became nonconforming in September, 1990 and illegal in September, 1995. The fact that Article 11, Section 1107.2.2 was repealed is of no consequence to these proceedings as the intent and purpose of this section remain the same today as they did from 1990 to 1995. The repeal of Article 11, Section 1107.2.2 in 2002 does not serve to convert a sign that was found to be illegal in 1995 into a legal sign. Wherefore, it is ADJUDGED AND ORDERED as follows: 1. The Motion to Dismiss based on the Statute of Limitations is denied. 2. The previous order of this Special Master dismissing these proceeding based on the assertion that the new ordinance did not contain a savings clause is hereby reversed. 3. The subject sign is illegal and must be removed within 90 days of the date of this Order. 4. If said sign is not removed within the 90 days, the 'violator will pay a fine of two hundred and fifty dollars (S250.00) per day until compliance with this Order. DONE AND ORDERED in Miami, Miami -Dade • Coun .: da, on this 18t day of June, 2002. I aralit$16. Copies Furnished to: Carol Licko, Special Counsel, City of Miami Douglas Halsey, Counsel for Marks Classic Corp. Joel Maxwell, Esquire, Deputy City Attorney 2 IIIMAIFire' Pitt Master IN RE MATTER OF: CITY OF MIAMI, Petitioner, v. OWNERS OF PROPERTY LISTED ON EXHIBIT A Respondents. CITY OF hIIAMI DEPARTMENT OF PLANNING & ZONING HEARING BOARDS DIVISION CODE ENFORCEMENT BOARD Case Nos. See Attached Exhibit A OVER In accordance with the agreements and stipulations of the parties, by and through their respective counsel, the findings of fact and conclusions of law set forth in the Order entered on June 18, 2002 in Case No. 0207881, attached as Exhibit B, apply to and are binding upon the Petitioner and Respondents in each of the cases Iisted on Exhibit A as if each of those findings of fact and conclusions of law were set forth herein. By agreement of counsel for the parties, the record for each case listed on Exhibit A consists of the following: 1. The Notices of Violation and corresponding envelopes. 2. The Notices of Violation and Summonses to Appear and corresponding envelopes. 3. The City's Complaint Tucking System Fact Sheet. 4. All evidence received at the hearings held before the undersigned on May 22 and May 29, 2002, all stipulations rnade by counsel for the parties at such hearings, and the transcripts of such hearings. P ch COMPOSITE EXHIBIT F 5. The testimony of Manuel Mejido and the City's cross-examination, objections, motions, and arguments made regarding this testimony in the first five sign cases is part of the record in each ' case identified in Exhibit A. 6. The testimony of William Hull and the City's cross-examination, objections, motions, and arguments made regarding this testimony in the first five sign cases is part of the record in each case identified in Exhibit A. 7. All other witness testimony, exhibits, objections, motions, and legal arguments concerning the signs Located at 5500 N.E. 4`h Ct., 7889 N. Bayshore Dr., 7910 N.E. 4e` Pl., 1165 N.E. 79th St., and 411 N.E. 61 St. will be considered to be part of the record for each sign listed in attached Exhibit A. 8. The affidavit of Sergio Guadix is made a part of the record for each sign listed on Exhibit A. 9. Clear Channel Outdoor, Inc., f/k/a Eller Media Corp., as tenants, have an interest in the outcome of these matters and have been permitted to present evidences of those interests. The Special Master has not joined Clear Channel Outdoor, Inc., fikla Eller Media Corp., as a party to these proceedings. DONE AND ORDERED in Miami, Miamto County, Florida, this 2002 Master cc: Carol A. Licko, Special Counsel, City of Miami Douglas M. Halsey, Counsel for Respondents �J Joel Maxwell, Deputy City Attorney, City of Miami -2- EXHIBIT "A" Mav 22, 2002 AGENDA QuEAct, PROPERTY nDRESS 1. 02-08365 1. 7889 North Bayshore Drive 2. 02-07885 2. 7910 N.E. 4h Place 3. 01-15177 3. 1165 N.E. 79t Street 4. 02-07865 4. 411 N.E. 61g Street 5. 02-07866 5. 677 N.E. 79h Street 6. 02-07868 6. 701 N.E. 79d' Street 7. 02-07870 7. 900 N.E. 79d' Street 8. 02-07872 8. 1025 N.E. 79t Street 9. 02-07873 9. 1085 N.E. 79t Street 10. 02-07875 10. 1177 N.E. 79t Street 11. 02-07962 11. 1 N.W. 62" Street 12. 02-07972 12. 190 N.W. 54t Street 13. 02-07899 13. 7603 N.E. 2"a Avenue 14. 02-07913 14. 174 N.E. 54`' Street 15. 02-07921- 15. 4850 N.W. 2"d Avenue 16. 02-07937 • 16. 5133 N.W. 2" Avenue 17. 02-07818 17. 832 N.W. 2" Avenue 18. 02-07846 18. 201 S.W. 1' Street 19. 02-07859 19. 470 N.W. 5t Street 20. 02-07959 20. 2 S.E. 7"' Street 21. 02-07961 21. 208 West Flatter Street 22. 02-07932 22. 164 N.E. 9t Street 23. 02-07896 23. 108 N.E. 9t Street 4/37l30111 ::30 AI pip MIAA0 zm44y NabLeuxtoci CA NO I. 02-07911 2. 02-07917 3. 02-07919 4. 02-07925 5. 02-07935 6. 01-08621 7. 00-17455 8. 02-03984 9. 02-03986 10. 02-07979 11. 02-03998 12. 02-04009 I3. 02-04010 14. 02-07884 15. 02-04011 16. 02-04033 17. 02-04035 18. 02-04049 19. 02-0405 I 20. 02-04052 21. 02-04055 22. 02-04058 23. 02-04060 24. 02-04065 25. 02-04070 Z6. 02-06280 27. 02-06282 28. 02-06287 29. 02-06288 30. 02-06295 31. 02-06297 32. 02-06289 EXHIBIT "A" Ma 23 2002 GE A PROPERTY A� R FSS 1. 1750 N.W. 17t Avenue 2. 2825 N.W. 22"d Avenue 3. 2219 N.W. 28th Street 4. 1971 N.W. 17t Avenue 5. 1510 N.W. 17t Avenue 6. 1260 N. W. 36th Street 7. 59 Beacom Blvd. 8. 33 S.W. 22"d Avenue 9. 1791 S.W. 1" Street 10. 2715 N.W. 11 th Street 11. 466 S.W. 17t Avenue 12. 35 S.W. 36`h Court I3. 2267 S.W. 1u Street I4. 201 S.W. 37th Avenue 15. 600 S.W. 22"a Avenue 16. 1764 West Flagler Street 17. 1900 West Flagler Street 18. 45 N.W. 22nd Avenue 19. 50 N.W. 22" Avenue 20. 2212 N.W. 3 `d Street 21. 215 N.W. 22"d Avenue 22. 500 N.W. 22"d Avenue 23. 628 N.W. 22" Avenue 24. 478 S.W. 17t Avenue 25. 1724 S.W. 6th Street 26. 1383 N.W. 27th Avenue 27. 3099 S.W. 8`h Street 28. 3223 S.W. 8`h Street 29. 1702 West Flagler Street 30. 642 S.W. 22"d Avenue 31. 311 S.W. 22"d Avenue 32. 1551 S.W. 27th Avenue Th1l ai!21Mryy MM 4 217111 ri (fip021 1 EXHIBIT "A" Mav 24, 2002 AGENDA CASE NO. ?OPERTY ADDR ESS 1. 02-08109 1. SS 12 N.E. 2nQ Avenue 2. 02-07992 2. 1348 N.W. 62' Street 3. 02-07990 3. 5880 N.W. 17t Avenue 4. 02-07988 4. 1790 N.W. 54`h Street 5. 02-07989 5. 5575 N.W. 7th Avenue 6. 02-07984 6. 1250 N.W. 54h Street 7. 02-07985 7. 1290 N. W. 54`h Street 8. 02-07986 8. 1395 N.W. 54`h Street 9. 02-07987 9., 1785 N.W. 54th Street I0. 02-07981 10. 1715 N.W. 53n1 Street 11. 02-07982 11. 799 N.W. 54th Street 12. 02-07983 12. 1096 N.W. 54`h Street 13. 02-07857 13. 137 N.E. 20th Street 14. 02-07717 14. 170 N.E. 29th Street 15. 02-07847 15. 89 N.E. 20ar Street 16. 02-07854 16. 223 N.W. 29th Street 17. 02-07876 17. 25 N.W. 57t Avenue 18. 02-07892 18. 4545 N.W. 7`h Street 19. 02-07895 19. 5701 West Flagler Street 20. 02-07903 20. 5700 West Flagler Street 21. 02-07906 21.. 5665 S.W. 8th Street 22. 02-07912 22. 5769 S.W. 8th Street 23. 02-07914 23. 645 N.W. 42"Q Avenue 24. 02-08269 24. 2307 S.W. 32"d Avenue 25. 02-07909 25. 5748 West Flagler Street AMMO 4:0l nl CIE WA► Z m71t 4 (wtQst naq EXHIBIT "A" Ju a 2002 sA/F.4M 1. 02-08795 1. 7770 N.E. 2"d Avenue 2. 02-08796 2. 6900 N.E. 2"d Avenue 3. 02-08797 3. 159 N.E. 54th Street 4• 02-08799 4. 1 N.W. 54th Street • 5. 02-08800 5. 224 N.W. 54th Street 6• 02-04306 6. 4755 N.W. 2"d Avenue derfM0211J7rMCM MIAMI WPM vl (403011.13014 CITY OF M1AMI DEPARTMENT OF PLANNING & ZONING HEARING BOARDS DIVISION • CODE ENFORCEMENT BOARD IN RE MATTER OF: CITY OF MIAMI Petitioner • vs.. Marks Classic Corp. Respondent Case No.: 0207881 ORDER This Order supersedes the Order of this Special Master dated May 29, 2002. The Matter came to be heard at a final hearing on May 22, 2002, concerning violations of the City of Miami Code and sections of the Zoning Ordinance, and on June 3, 2002 on the Respondent's Motion for Reconsideration, the Special Master having heard all interested parties, reviewed the record, and the City of Miami Code, the City of Miami Zoning Ordinance, and otherwise being fully advised in the premises, finds as follows: 1. Chapter 162, Florida Statutes, which controls municipal code violations, does not include any limitations period during which violations of municipal codes must be commenced. Nothing in Chapter 95, Florida Statutes refers to or pertains to municipal code violations and therefore it does not apply to these proceedings. 2. The subject sign is located in a Cl zoning district. Article 4 of the City of Miami Zoning Code prohibits outdoor advertising signs, such as the subject sign, in C 1 zoning districts. Therefore, Respondent, Marks Classic Corp., is in. violation of the City of Miami Code and is hereby found guilty of said violation. 3. Ordinance 11000, Article 11, Section 1107.2.2 provided that any sign, billboard, or commercial advertising structure which constitutes a nonconforming characteristic ofuse shall be completely removed from the premises within five (5) years ("amortization period") from the date it became nonconforming. 4. The effective date of Ordinance 11000 was September 4, 1990. The five (5) year amortization period expired on September 4,1995. 5. In April, 2002, the Miami City Commission adopted Ordinance 12213 which repealed Article 11, Section 1107.2.2. EXHIBIT B • 6. Marks Classic Corp., asserts that Section 1107.2.2, which is penal in nature, as repealed, is of no force and effect as Ordinance 12213 contains no savings clause. The proceedings in this matter were first brought on April 22, 2002, after the date of repeal and this Special Master dismissed these proceedings based on that assertion. 7. These proceedings were re -noticed and rescheduled for May 22, 2002. The Notice of Violation issued for these proceedings contains language referring to Article 11 as well as language advising the violator(s) of the status of their violation in accordance with other provisions of the City of Miami Code. The Notice is proper. 8. The amortization period contained in Article 11, Section 1107.2.2, (1990) expired on September 4, 1995 and therefore a savings clause is not required to "save" this Article. The subject sign became nonconforming in September, 1990 and illegal in September, 1995. The fact that Article 11, Section 1107.2.2 was repealed is of no consequence to these proceedings as the intent and purpose of this section remain the same today as they did from 1990 to 1995. The repeal of Article 11, Section 1 1 07.2.2 in 2002 does not serve to convert a sign that was found to be illegal in 1995 into a legal sign. Wherefore, it is ADJUDGED AND ORDERED as follows: 1. The Motion to Dismiss based on the Statute of Limitations is denied. 2. The previous order of this Special Master dismissing these proceeding based on the assertion that the new ordinance did not contain a savings clause is hereby reversed. 3. The subject sign is illegal and must be removed within 90 days of the date of this Order. 4. If said sign is not removed within the 90 days, the violator will pay a fine of two hundred and fifty dollars (S250.00) per day until compliance with this Order. DONE AND ORDERED in Miami, Miami -Dade County, Florida, on this 18' day of June, 2002. Copies Furnished to: Carol Licko, Special Counsel, City of Miami Douglas Halsey, Counsel for Marks Classic Corp. Joel Maxwell, Esquire, Deputy City Attorney MaryAnne Lukacs - Special Master EXHIBIT B 2 • ANA GELABERT-SANCHEZ • Director (Situ xx THE CITY OF MIAMr, FLORIDA CODE ENFORCEMENT BOARD vs. I AZARO ALBERTO QUINTANA 1800 SW 24 TERR MIAMI FL 33145 Tenant: taint 20397PG 11132 - 02R299925 2002 NAY 15 14:45 CARI.O5 A. GIMENEZ City Manager Tuesday, Ianuaty 15, 2002 CR: 1.22219 Case No: 0122219 Address: 1988 N MIAMI AVO 1-3125-048-0560 Folio: : 01-3125.048-0560 Legal: WADDELI,5 ADD TO MIAMI PB B-53 LOTS 5 d: I SLR. 20 LOT SIZE 120.140 X 125 0R20013-4989 0801 5 Hearing Date: 'Thursday, November 29. 2001 The Code Enforcaunent Board has found you guilty of violating the following laves, including Zoning Ordinance of the City of Muni, Florida (Ordlttanaa 11000, es amended): Fs Chy Coda SECT. 10-3 OF THE CITY CODE WICH REFFERSTO SECTION 305.2 OF THE SFBC. OUTDOOR ADVERTISING SIGN ERECTED W1THO(PFFINA.LISEDPSRMTT.ADDITIONAL VIOLATIONS MAY FOLLOW CITY'S ONGOING REVIEW OF SIGNS.' `'' • ;. •*:;,; Zoning Ord. ART. 926.15 / ART 401 SPECIFIC DISTRICT REGULATIONS. 'NONCOMPL.IANT OUTDOOR ADVERTISING SIGN. ADDITIONAL VIOLATIONS MAY RESULT FROM THE CITY'S ONGOING REVIEW OF SIGNS , You ere hereby ordered to correct said violation by Monday. December 31, 3001. y • If you BO to comply by said date, .you will thereafter be fined the stun of 100 per day. .It is your respoaslbility to advise the Inspector Ins .diately after ttre violation has been corrected to obtain an Affidavit ofConmpIiance.; Failure to obtain an Affidavit of Compiience will result in the contlnnfng menial of the daily tine: ; y;.�.::...:: ;`I A certified copy of this Order nay be recorded in the Public Records of Dade C w tyand thereafter ihall coaiudtnte * loin against the above referenced property and any other reel or'�parsonal i br #+ yan overt.' LlSNS THAT REMAIN UNPAID FOR THREE (3) MONTI:IS MAY BE FORECLOSED IN COURT.Lin aadltloii;'t11e CartlRca Property Y'\.WM"4'Ia ..ORF '[M N\\• f.•J of Use and Occupational I•.icen#e deny business occupying this property May be >aupa ided or widiteld." Oparatlrrg a business without all required licenses is illegal w, ader sate and city law, and is punishable by criminal arrest and/or closing the business.o r• : �, ' ... ` • t.,.:, ,� ;;;;•. tllrou you lain any queatf ns regarding this Enforcemarrt Order, or if you Whit to advise the Code Etitorceman Bond that the violation has beau corrected, please call PAUL S. BROWN at .yt ' f. .�f�\ ,e. ' •� lfis :,?mil �� r. City of Miami Code Enforcement Beard . .... r'-• ...: ....... s:;yx::"•�J�::::;y;!{:; A�bball�M�111S.�L, Ethan of Older. f . '� ..'r.• tfy}•':•y�.i. .s '!�'k:•.Fr ? .••f;t! r.��6'��i��i: {i masiosotsromitmcepos '<. CActant/ om. R,tent •;;'.'esoo•to yesossei `";:• HARVEY RUVIN :.'• • - •., : t: RyerrIV:C ear Ointr ' ".'-},e fi r?: Teim#raI.: Fernandez. Chiefof:Reanfng Bow and I:1 Clsrk;:A. *DEPARTMENT OF PLANNING & ZOIVIiV • •••• _ •• r4 � ,..:; r! 444 S.W. Ind Avenue, 3rd Floor/Miami, Florida 33130/(3051416-140Q/Telecopian r' .►'' L°r ''��t� , •:Mailing Addraq P.O. Mu 3307061Miaml, Florida 33233-070 er''ti ; Atria SECURITY ACTION L SCR MOD +/- 4. PAGE 0122219 1602 COMPLAINT TRACKING MODULE (33) VIOLATION MAINTENANCE gm= .COMPLAINT NO: gl2g22.9 TYPE: 517 STAT:P NC BOARD: CASE NO: 0122219 RE10 NO: 1602 COMM DOE 12/31/2001 COMM DATE TXT TIME ADDRESS: E- 1988 N MIAMI AV - ,TXT DATE TICKET NO: TICKET FINE: MAINT BY: CAR DATE: 10/11/2001 STATUTE: C DIVN: Z SURDIV: TRACX1.00: CREATE DATE: 10/11/2001 VIOLATION DESC: OUTDOOR ADVERTISING SIGN ERECTED WITHOUT STATUS: A '--------' F/NRIaSEDPERMIT.ADDITIONAL VIOLATIONS MA Y FOLLOW CITY'S ONGOING REVIEW OF SIGNS. LEGAL DESCRIPTION: WADDELLE ADD TO MIAMI PE B-53 PRIM: LOTS 5 & 5 BLX 20 Sin; LOT SIZE 120.140 X 125 <MORE OVERRIDE: COSTOM VIOLATION / CORRECTION TEXT CLARIFICATION: (SURVEY MAY REVEAL ADDITIONAL VIOLATIONS) CORRECTION: PRESS <XMITb. TO CONTINUE .• ''''''''''''''' • • • ' ^ • , . • . •• - ' • „ cf; I.?, • . • :; • • Par,725/01-----T- CITY OF MIAMI W'• PAGE 0041 SCHEDULE DATE: 1:04/200111 COMPLAYWNO#01-22219 • CLUC: 32 LGT MPG &• FOOD PROCESSING PROPERTY: E - XYWW7124CUOMIPIP FOLIO: 01 03.11tali0560 LEGAL: WADDELLS ADD TO MIAMI PE 8-53 LOTS 9 & 8 BLX 20 LOT SIZE 120.140 X 125 OR 20427.113200479 1 OWNER : 2ND PARTY: ALBERTO QUINTNAN &W AOGUSTINA VIOLATIONS: REF DESCRIPTION CASE NO: 0122219 NET: 06 OVERTOWN rNSPECTOR: BROWN COMPLY DUE: 10/20/2001 BOARD: C ZONE PRI: ZONE SDI: ZONE SD2: ECMESTRAD EXEMPT: 4MORI). COMPLIANCE 1597 NONCOMPLIANT OUTDOOR ADVERTISING SIGN. NON COMPLY ADDITIONAL VIOLATIONS MAY RESULT PROM THE CITY'S ONGOING REVIEW OF SIGNS. 1602 OUTDOOR ADVERTISING SIGN ERECTED WITHOUT NON COMPLY FINALISE PERMIT.ADDITIONAL VIOLATIONS MA Y FOLLOW CrrY'S ONGOING REVIEW OFSMINS. COMPLAINT HISTORY: DATE ACTION 10/11/2001 RECEIVED 10/11/2001 INSPECTION 10/12/2001 INSPECTION 10/12/2001 LETTER 82NT 10/12/2001 LETTER SENT 10/12/2001 LETTER SENT 10/15/2001 LETTER SENT 10/19/2001 LETTER SENT 10/22/2001 LETTER SENT 10/22/2001 INSPECTION DESCRIPTION .• • • . • ' 4. • COMPLAINT RECEIVED INITIAL' INSPECTION P09 TING INSPECTION NOTICE OF VIOLATION NOTICE OFNIOLATION SUMMONS. TO APPEAR-. NOTICE OF VIOLATION SUMMONS.TO APPEAR SUMMONS TO APPEAR. . POSTING INSPECTION 12/27/2001 INSPECTION BOARD HEARING INSPECTION,' %, ASSOCIATED HISTORY: COMPLAINT STS BOARD RECEIVED 01.'00570 C C 04/24/2001 01-17943 C C 09/06/2001 99-21327.-'C -;:..:12/09/1999, • 0 BY: .PSB RES: NC BY: PSB RES: NC SRV: • SRV: 10/12/2001 SRV: SRV: 10/15/2001 • SRV: SRV: 10/22/2001 BY: PSB RES: NC COMPLY • DUE 'nfATIOLATION • COMPLIANCE 05/25/2001 1601 FAILURE TO COMPLETELY RE 04/30/2001 08/16/2001 1602..iOUTDOORyADVERTISING „likri3N 10 /11/2001 1: 00/00/000 0 NO' VIOLNTION 'd,171,,10/11 /2001 r. • • ii,AND CT COMPLAIN01-22219*::, . • • • • • 7A. •, ; ••••• • .• •, :-• •• • • • 7 • • : •••••..- • 'An:44; ,. • .. • • 10,0 • ; • ;41;Aliii:40:04;144044.41titi;;;::4:40:''' ':•i?;`,,e.,; INITIAL AMENDED PERMITS Existing Permit Nos. Amended Locations B-35465 C-45715 69-14641 70-13632 72-231 72-14577 72-12993 #1 Folio #: 01-3124-013-1550 Description: I-95 WL 200F S/O NW 54 St Property Address: 5341 NW 7th Avenue LandmarklProp Owner: U-Haul U-Haul Co. of Florida #2 Folio #: 01-0104-070-1060 Description: I-95 WL 50F S/O NW 8 St Property Address: 350 NW 8th St Landmark/Prop Owner: Peoples BBQ-Drugstore #3 Folio #: 01-3135-000-0164 Description: 836 Expwy SL 400F E/O NW 12th Av Property Address: 1155 NW 11th St Landmark/Prop Owner: Winn Dixie Trustee #4 Folio #: 01-3134-075-0010 Description: 836 Expwy NL 100 F E/O NW 22 Ave Property Address: 1101 NW 22nd Ave Landmark/Prop Owner: Shopping Center #5 Folio #: 01-3124-001-3310 Description: 1-95 WL 50F N/O NW 46 St Property Address: 695 NW 46th St., Miami, Florida Landmark/Prop Owner: Kwic Pic Conv. Store #6 Folio #: 01-3123-020-0220 Description: 112 SL 200F E/O NW 12 Ave Property Address: 3801 NW 12th Avenue Landmark/Prop Owner: Sunoco/Leon's Conv. Company #7 Folio #: 01-3123-023-0110 Description: 112 NL 700F W of I-95 Property Address: 4150 N.W. 7th Avenue Landmark/Prop Owner: Tree of Life EXHIBIT G Gloria B. Lewis First Sec. Bank, YDB Realty LC. Samar Barhoush MacMillian Oil Tree of Life 6/29/2001 11:33 PM (2K) MIAMI 419963 vi (419965_I.DOC}