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.
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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
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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").
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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
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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.
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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
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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
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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
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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;
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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.
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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;
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(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
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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.
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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
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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
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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
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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.
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(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
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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.
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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.
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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}