HomeMy WebLinkAboutExhibit - AgreementFIRST AMENDMENT TO SETTLEMENT AGREEMENT BETWEEN
THE CITY OF MIAMI AND OUTFRONT MEDIA, LLC
This First Amendment to the July 18, 2008 Settlement Agreement (the "First
Amendment") by and between the City of Miami (the "City") a Florida municipality, and
OUTFRONT Media LLC, a Delaware limited liability company (successor to CBS Outdoor,
LLC.) (hereinafter "OUTFRONT"), is made and entered into as of this day of _
, 2017, by and between the City and OUTFRONT.
RECITALS
A. Whereas, the City and CBS Outdoor, Inc. entered into that certain Settlement
Agreement made and entered into as of July 18, 2008 (the "Settlement
Agreement"). The Settlement Agreement, as amended by this First Amendment,
is referred to herein as the "OUTFRONT Agreement".
B. Whereas in 2012, CBS Outdoor, Inc. was converted to CBS Outdoor LLC under
Delaware law, and CBS Outdoor LLC thereby succeeded to the rights, title and
interests of CBS Outdoor, Inc. under the Settlement Agreement (attached hereto
as Exhibit L are the corporate documents reflecting said changes).
C. Whereas, in 2014, CBS Outdoor, LLC was subsequently converted to
OUTFRONT Media LLC, and OUTFRONT thereby succeeded to the rights, title
and interest of CBS Outdoor LLC under the Settlement Agreement (attached
hereto as Exhibit M are the corporate documents reflecting said changes).
D. Whereas, the City has been authorized 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 or resolution.
E. Whereas, in conformance with and pursuant to the powers granted to the City by
virtue of Section 70.20, Fla. Stats. (2002), the City entered into the Settlement
Agreement with CBS Outdoor, Inc., dated July 18, 2008, passed by Resolution
Number 08-0258.
F. Whereas, to further implement the provisions of Section 70.20, Fla. Stats. (2002),
the City and OUTFRONT desire to, and by this First Amendment hereby agree
to, amend the terms of the Settlement Agreement as set forth herein.
G. Whereas, it is the intent of the City through this First Amendment to clarify the
Settlement Agreement and to further reduce the number of Signs located on
surface streets within the City and to generally reduce the number of Sign
structures within the City.
MIA 186084852v2
NOW THEREFORE, in consideration of the mutual covenants and undertakings set forth
herein and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the City and OUTFRONT hereby agree to amend the Settlement Agreement as
follows:
AGREEMENT
1. Incorporation of Recitals. The above Recitals are true and correct and are hereby
incorporated into and made part of this First Amendment.
2. Waiver of Just Compensation. OUTFRONT hereby expressly waives any right
to receive from the City just compensation for the removal of any Signs or Sign Structures
pursuant to this First 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. Updated Sign Inventory and Removal of Signs. On and as of the Effective Date, to
the best of its knowledge OUTFRONT, or its subsidiaries or affiliated entities, owns, operates or
manages the billboard Signs and supporting Sign structures listed on Exhibit N (collectively the
"OUTFRONT Signs" or "Sign(s)") hereto, and there are no other Signs within the City that are
currently owned, operated or managed by OUTFRONT or any of its subsidiaries or affiliated
entities, other than the OUTFRONT Signs listed in Exhibit N. The information set forth in the
attached Exhibit N accurately describes to the best of OUTFRONT's knowledge all of the
OUTFRONT Signs within the City, the location by street address and folio number, the assigned
FDOT tag(s), whether the location is owned, operated, or managed by OUTFRONT, and whether
the Sign is a roof Sign, and to the best of OUTFRONT' S knowledge, accurately describes the
Zoning District and Land Use Plan Designation applicable to each OUTFRONT Sign. The City
shall allow these Signs to remain in place subject to other provisions of this Agreement. Within
thirty (30) days of the Effective Date, OUTFRONT shall furnish to the City photographs of each
of the OUTFRONT Signs on Exhibit N depicting the current conditions at the location of each
Sign. With respect to any billboard sign or billboard sign structure owned, operated or managed
by OUTFRONT or any of its subsidiaries, affiliated corporations, or affiliated entities as of the
Effective Date, which is currently located within the municipal boundaries of the City of Miami
and not listed on Exhibit N, OUTFRONT will immediately remove said billboard sign and/or
billboard sign structure within thirty (30) days of the Effective Date of this First Amendment. In
lieu of obtaining a permit for the removal of any Sign under this Paragraph 3, OUTFRONT will
provide the City with written notice and photographs immediately following the removal of said
Sign so the City may monitor OUTFRONT's compliance with the requirements of this Paragraph.
Notwithstanding the foregoing, any scrivener, administrative or clerical errors with respect to the
location of Signs listed on Exhibit N will be corrected or modified administratively by the City
upon OUTFRONT's submittal of documentation evidencing same.
4. Definitions. Subparagraphs a., c. and g. of Paragraph 2 of the Settlement
Agreement are hereby amended and replaced, respectively, in their entirety as follows:
a. As used in the OUTFRONT Agreement, the terms "Sign regulation",
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"Sign Law", and "Sign ordinance" mean ordinances adopted by the City that, among
other things, regulate the size, Height, appearance, location, lighting, and landscaping
requirements for Signs; however, said terms do not mean ordinances relating to
structural, electrical and/or engineering requirements, or other health and safety
requirements (the "Technical Regulations").
c. As used in the OUTFRONT Agreement, "Height" means the maximum
vertical measurements permitted for Signs from the crown of the adjacent road (which
in the case of multiple roads, the highest crown shall be used) to the highest point of the
"Sign Structure" as established in Section 479.07, Fl. Stats. (2002).
g. As used in the OUTFRONT Agreement, "Zoning District" means the
Transect Zone designation for a particular Sign located as determined by the Zoning
Ordinance of the City of Miami, currently known as Miami 21, subject to the Relocation
standards set forth in Exhibit O. For purposes of the OUTFRONT Agreement, Signs are
allowed in following zoning districts: T5-O, T6-8, T6-12, T6-24, T6-36, T6-48, T6-60,
T6-80, CI, CI- HD, D1, D2, and D3 as described in Miami 21 or such equivalent zoning
districts as may be adopted by the City from time to time.
5. Time Limit. OUTFRONT may, during the term of the OUTFRONT Agreement,
exercise the removal, relocation, and reconstruction rights under the OUTFRONT Agreement,
including the rights to remove the existing Signs selected by OUTFRONT from Exhibit N and
erect, install, maintain and operate the LED Sign Faces in accordance with Paragraph 12.
Further, OUTFRONT shall have the right to relocate and reconstruct Signs in
accordance with the Relocation Standards attached hereto as Exhibit O. However, 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.
OUTFRONT and the City acknowledge that OUTFRONT 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 OUTFRONT expressly waives
any such claim. OUTFRONT'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. As used herein, "necessity"
shall have the meaning defined in Exhibit O.
6. Subparagraph 4(c) of the Settlement Agreement is hereby replaced in its entirety to
read as follows:
c. Upon application by OUTFRONT showing compliance with the
provisions of this paragraph, the City will amend existing Sign permits to allow for the
transfer of permit rights associated with such Sign or Signs to locations within the
same or a less restrictive Zoning District. For all permit applications for relocation of
Signs, OUTFRONT will submit FDOT Form 575- 010-04 to the City or such other form
as may be required by FDOT, which will be stamped on the date received. The City's
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signature on Page 2 of the FDOT Form 575-010-04 shall constitute approval of the
location of the Sign, and no further approvals from the City shall be required -for said
location (hereinafter referred to as a "Permitted Location"). Notwithstanding any
provision of the Settlement Agreement, any Permitted Location which was approved
by the City in accordance with the requirements of this Paragraph prior to the Effective
Date of this First Amendment, shall remain effective, even if the 280 day period
previously contained in Subparagraph 4(c) of the Settlement Agreement has expired,
provided that OUTFRONT timely filed its state permit applications for such location
(containing Page 2 of Form 575-000-04 signed by the City) and/or is engaged in an
administrative proceeding or other legal action regarding the permit applications for
such locations. The City's signature on FDOT Form 575-010-04 shall not relieve
OUTFRONT of its obligations to comply with the Technical Regulations, the Florida
Building Code, Base Building Line, Height and the necessity to apply for and obtain a
building permit for the relocation of any sign pursuant to the OUTFRONT Agreement.
7. Status of Remaining Signs. Subparagraph 6(a) is hereby replaced in its entirety to
read as follows:
a. Within 120 days after the Effective Date of this First Amendment,
OUTFRONT will provide the City with copies of all permits in its possession for the
Signs that are listed on Exhibit N. Within 60 days after such delivery, the City will
provide to OUTFRONT copies of permits in its possession for all other Signs listed on
Exhibit N. The City will issue replacement permits for any Signs listed on Exhibit N
for which neither the City nor OUTFRONT is able to locate a copy of the original
permit. OUTFRONT will pay the City a permit letter issuance fee of $2,500 for each
such Sign. During the term of the OUTFRONT Agreement, any Sign for which a letter
is issued under this paragraph shall be deemed a lawful Sign or lawful nonconforming
Sign, as applicable, under all applicable City Codes and ordinances, but only for as long
as said Sign is owned and/or operated by OUTFRONT or its assigns as assigns as
defined in Paragraph 9 of the First Amendment. Except as provided below, upon
completion of the exchange of permits and the issuance of permit letters, the City shall
not require OUTFRONT to obtain any further permits or approvals from the City for any
of its Signs listed on Exhibit N other than the payment of annual renewal fees as
specified herein. OUTFRONT shall maintain and keep in good repair its Signs listed
on Exhibit N (which are not removed), and the City will issue OUTFRONT any permits
which may be required for OUTFRONT to exercise its maintenance and repair
obligations under this paragraph.
8. Subparagraph 11(a) of the Settlement Agreement is hereby replaced in its entirety
to read as follows:
a. In the event it becomes a necessity for OUTFRONT to replace or relocate
any Sign listed on Exhibit N or to replace or relocate a Sign that is relocated to a new
site in accordance with this Paragraph (each such Sign collectively referred to herein as
an "Affected Sign"), the City will authorize OUTFRONT to replace/relocate such
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Affected Sign on the same site (including abutting parcels assembled into one
ownership) or to relocate such Affected Sign to a new site in accordance with the criteria
attached as Exhibit O. As used herein, "necessity shall have the meaning defined in
Exhibit O. This right to maintain, replace, and relocate such Affected Signs shall expire
and terminate on the Termination Date. During the term of the OUTFRONT Agreement,
any City Sign law promulgated prior to the Termination Date, shall not be applied
retroactively to diminish OUTFRONT' s rights to maintain and operate the Signs
constructed pursuant to the OUTFRONT Agreement or listed in Exhibit N. 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. OUTFRONT and the City acknowledge that OUTFRONT 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 OUTFRONT expressly waives any such claim.
OUTFRONT'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.
OUTFRONT will pay the City a non-refundable permit fee of $2,500.00 at the time
of application for each Affected Sign that is relocated in accordance with this Subparagraph
in order to cover the costs associated with the review and preparation of the amendment to
the Affected Sign permit. This fee shall be in addition to all other applicable fees associated
with erecting said new structure.
9. Assignments. Subparagraph 19(f) of the Settlement Agreement is hereby replaced
in its entirety to read as follows:
The OUTFRONT Agreement, will be binding upon and will inure to the benefit of
any successor or permitted assigns of the parties hereto subject to the following terms.
a. Subject to approval by the City Manager or its designee (which approval shall
not be unreasonably withheld, conditioned or delayed), OUTFRONT shall have the
right to assign some or all of its rights and obligations under the OUTFRONT
Agreement, as amended, or to transfer some or all of its Sign inventory in the City to
an assignee or transferee, as the case may be, that has, prior to this First
Amendment, entered into a relocation and reconstruction agreement with the City
pursuant to Division 6, Chapter 62 of the City Code (2017), provided: (i) that
OUTFRONT is in compliance with the terms and conditions of the OUTFRONT
Agreement, (ii) the assignee or transferee is also in compliance with the terms and
conditions of its relocation and reconstruction agreement, and (iii) the assignee or
transferee executes an agreement with the City to be bound by the terms and conditions
of the OUTFONT Agreement, as amended, with respect to the right and obligations
of Sign(s) to be transferred and/or assigned by OUTFRONT. If the City Manager or
designee determines that OUTFRONT is not in compliance with the OUTFRONT
Agreement or that the proposed assignee or transferee is not in compliance with its
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relocation and reconstruction agreement, the City Manager or designee shall give notice
specifying the details of the non-compliance, within thirty (30) days of being notified in
writing that OUTFRONT desires to make a transfer or assignment under this
subparagraph. OUTFRONT and/or the assignee or transferee shall have sixty (60) days
from the date of receipt of notification from the City to cure the non-compliance described
in said notice and obtain approval of the transfer or assignment from the City.
b. OUTFRONT may assign up to two (2) of its signs on Exhibit N to an
assignee or transferee, as the case may be, that has not entered into a relocation and
reconstruction agreement with the City pursuant to Division 6, Chapter 62 of the City
Code (2017), provided that: (i) the City Commission consents (which consent shall not
be unreasonably withheld, conditioned or delayed) to the assignment or transfer; and
(ii) the City Commission approves (which approval shall not be unreasonably withheld,
conditioned or delayed) a relocation and reconstruction agreement with the assignee or
transferee pursuant to Division 6, Chapter 62 of the City Code (2017). A transfer of or
assignment under this Subparagraph shall be deemed effective once the fully executed
relocation and reconstruction agreement with the transferee or assignee is recorded in the
Public Records.
c. Any partial transfer of OUTFRONT's Sign inventory in the City of Miami
or assignment of OUTFRONT's rights and obligations under this Agreement shall not
relieve OUTFRONT of its obligations under the OUTFRONT Agreement, as amended,
for the remaining non -assigned or non -transferred Sign inventory.
d. The City Commission' s consent shall not be required for an assignment by
OUTFRONT of all of its rights and obligations of this OUTFRONT Agreement or
transfer of its Sign inventory in the City as a result of any corporate merger,
consolidation, or reorganization to any entity controlled, controlling or under common
control with OUTFRONT, provided such assignee assumes the obligations of
OUTFRONT under this OUTFRONT Agreement, as amended.
e. Any attempted transfer or assignment in violation of this Paragraph shall be
void.
10. Removal of Signs. Subparagraph 3 (c) (ii) of the Settlement Agreement is hereby
amended and replaced in its entirety to read as follows:
In addition to the removal of the Signs listed on Exhibits B and C, and all rooftop
Signs on Exhibit D, within twenty-five years of the Effective Date of this Agreement,
OUTFRONT will have removed four (4) double faced Signs and Sign structures and one
(1) single faced Sign and Sign Structures from those C-1 and Special District Signs listed
on Exhibit D. Existing Signs and Sign structures to be removed under this Subparagraph
shall be permitted to be exchanged by OUTFRONT for LED Sign Faces, pursuant to
the terms and conditions of Subparagraph 12.2 hereof. Provided the City takes no action
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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, OUTFRONT 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 Statutes (2017); 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.
11. Management of Signs. Notwithstanding anything to the contrary contained in the
OUTFRONT Agreement, OUTFRONT shall be permitted to enter into agreements to manage and
operate Signs that are included in any relocation and reconstruction agreement with the City
pursuant to Division 6, Chapter 62 of the City Code (2017), provided that such Signs are in
compliance with the terms and conditions of the relocation and reconstruction agreement.
However, OUTFRONT shall provide written notice to the City within 30 days of entering into any
agreement to manage and/or operate any Signs within the City, but no further City consent shall
be required.
12. LED Sign Faces.
12.1 Notwithstanding anything to the contrary in the OUTFRONT Agreement,
OUTFRONT shall be permitted to relocate and/or reconstruct its existing Sign Structures on
Exhibit N hereof to erect, install and maintain LED Sign faces and supporting LED Sign
structures (which are Sign faces having the characteristics described in Paragraphs 12.8 through
12.10 hereof, the "LED Sign Faces") and, on the reverse side, externally illuminated bulletin size
static billboard faces, on such replaced or relocated Signs. OUTFRONT shall be permitted to
erect, install and operate the LED Sign Faces at either: (i) the "Initial LED Locations" within the
City of Miami identified in Exhibit Q attached hereto in exchange for the removal of the
corresponding Signs listed therein; or (ii). at "Future LED Locations" along expressways within
the City of Miami as selected by OUTFRONT in accordance with the criteria in Exhibit 0
attached hereto in exchange for the removal of any combination of the Signs listed on Exhibit N
pursuant to the terms and conditions under Paragraph 12.2 hereof. The Sign structures on which
the LED Sign faces are mounted as provided in this First Amendment must substantially comply
with the design criteria in Exhibit P hereto. As used in this paragraph 12, the term "expressway"
shall mean I-95, I-195, I-395, SR 112, SR 826 and SR 836 or such other expressway as designated
by FDOT.
12.2 Unless otherwise stated herein, the City shall issue OUTFRONT an Amended LED
Permit to erect, install and operate LED Sign Face(s) at Initial LED Locations or Future LED
Locations in exchange for the removal of any four (4) of the Sign structures listed in Exhibit N.
For LED Faces to be constructed at Initial LED Locations or Future LED Locations that are owned
or operated by a governmental agency, the City shall issue OUTFRONT an Amended LED Permit
for LED Sign Face(s) on a two for one basis. For clarification of method of calculation, the Signs
listed under "Amended Permits and Relocations per Settlement" in Exhibit N shall receive full
credit for any previously removed Signs when exchanged for an Amended LED Permit. For
avoidance of doubt and by way of example only, OUTFRONT may elect to exchange one (1) of
the signs listed under "Amended Permits and Relocations per Settlement" and any two (2) of the
other Signs listed in Exhibit N for an LED Sign Face at Initial LED Locations or Future LED
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Locations that are not owned or operated by a governmental agency. The City shall not require a
demolition permit to be obtained by OUTFRONT for its removal of any Signs under Paragraph
12.
12.3 (a) NEA LED Sign Payments: OUTFRONT will pay to the NEA program an
annual payment in the amount of $20,000.00 (the "NEA LED Payment") for each bulletin size
LED Sign Face for so long as such LED Sign Face remains erected and owned, managed or
operated by OUTFRONT. For further clarity, the term of this NEA LED Payment shall be from
the date of issuance of all City and State Permits necessary for the erection, installation and
operation of the LED Sign Face (collectively "Amended LED Permit") and for so long as such
LED Sign Face remains erected and owned, managed or operated by OUTFRONT, irrespective of
whether it is relocated to an Alternate Location. No other payments to NEA program shall be due
for a Sign Structure having a LED Sign face.
(b) NEA LED Payment Date: The first annual NEA LED Payment is due in full
immediately upon the issuance of the Amended LED Permit for the erection, installation
and operation of that particular LED Sign Face. All other subsequent NEA LED Payments
for each LED Sign Face, shall be due on the following October 1 (to coincide with the
beginning of the City's fiscal year) and on each anniversary date thereafter, if the LED
Sign Face remains erected on that anniversary date.
(c) NEA LED Payment Proration: Notwithstanding the foregoing provisions of
Paragraph 12.3, the second annual NEA LED Payment for each LED Sign Face will take
into account the period of time for which an Amended LED Permit was not in effect for
the respective LED Sign Face during the City's prior fiscal year. For avoidance of doubt
and by way of example only, if an Amended LED Permit is issued on July 1, 2015, then
OUTFRONT shall pay to City $10,000.00 on July 1, 2015 to account for the 6 months that
no Amended LED Permit was in effect for such LED Sign Face.
(d) Future NEA LED Credit: The City will provide OUTFRONT with a credit
toward the next NEA LED Payment due for an Amended LED Permit issued under this
First Amendment (the "NEA LED Payment Credit") in the event that:
i. a City issued Amended LED Permit expires without the
applicable LED Sign Face being erected; or
ii. an affected LED Sign Face is unable to be relocated and
reconstructed under Paragraphs 12.5.
The NEA LED Payment Credit shall continue so long as a LED Sign Face is not in
service.
(e) NEA LED Payment Adjustment: The NEA LED Payment shall be increased at
a rate of two percent (2%) per annum (the "NEA LED Payment Adjustment"). The NEA
LED Payment Adjustment shall begin on the third anniversary date of the first NEA LED
Payment.
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12.4 In addition, the City will be permitted 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 emergency reasons such as hurricanes, amber alerts, and police or fire emergency situations.
Such access shall be subject to the agreements OUTFRONT has in place from time to time with
the FBI, State of Florida and the OEM.
12.5 In the event it becomes a necessity for OUTFRONT to relocate a LED Sign Face(s),
or OUTFRONT is unable to install and/or operate an LED Sign Face at an Initial LED Location
or Future LED Location through no fault of OUTFRONT, (the "Affected LED Sign Face"),
OUTFRONT shall have the right to transfer the Affected LED Sign Face to one of its existing
locations along an expressway within the City where OUTFRONT then owns a Sign Structure as
selected by OUTFRONT (each an "Existing Location") or to relocate and reconstruct the
Affected LED Sign Face and Sign structure to an "Alternate Location" in accordance with the
criteria in Exhibit 0 attached hereto. Notwithstanding anything to the contrary in the OUTFRONT
Agreement, OUTFRONT may 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 accordance with this First
Amendment. As used herein, the term "necessity" shall have the meaning defined in Exhibit 0
attached hereto.
OUTFRONT will make a payment to the City in the amount of five thousand dollars
($5,000.00) for the relocation and reconstruction of an Affected LED Sign Face in order to cover
the reasonable administrative costs of processing such application pursuant to this Subparagraph.
The relocation of an Affected LED Sign Face shall be in accordance with the terms and conditions
of the First Amendment, and no additional requirements or payments shall be imposed for a
relocation pursuant to this Sub -Paragraph. Specifically, the City shall not impose as condition of
its approval for a relocation under this Sub -Paragraph that OUTFRONT: (i) make any payment to
the City; (ii) take down any additional Signs or Sign structures; (iii) reduce the size or height of
the Affected LED Sign Face so relocated; (iv) operate the Affected LED Sign Face(s) so relocated
in any manner that is inconsistent with the previous operations of said LED Sign Face by
OUTFRONT, including, without limitation, requirements that: (i) reduce the hours of operation of
the LED Sign Face(s), (ii) limit the display of advertising in increments that are greater than eight
seconds or increments permitted by FDOT regulations (whichever increment is greater); (iii) limit
the amount of frequency of commercial advertising displayed on the LED Sign(s) so relocated; or
(iv) except as required by Paragraph 12.4 hereof, the OUTFRONT display messages benefitting
any entity or cause.
12.6 In the event that OUTFRONT is unable to relocate an Affected LED Sign Face to
one of its Existing Locations within the City where it then owns a Sign Structure or to an Alternate
Location as defined herein, OUTFRONT 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 prepaid
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 First Amendment 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 LED Sign Face was made on October 1, 2016, and OUTFRONT removes
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the Affected LED Sign Face on January 31, 2016, then the City shall issue a credit to OUTFRONT
in the amount of $5,000.00.
12.7 If an existing Sign structure is insufficient to support an LED Sign Face,
OUTFRONT may replace the Sign Structure with a Sign Structure that is sufficient to support an
LED Sign Face. If required, the City shall issue all necessary approvals and permits to
OUTFRONT to so replace such Sign Structure.
12.8 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 along the nearest edge of the main traveled way of the
roadway, highway, or expressway.
12.9 The LED Sign Faces shall have digital advertising faces no larger than 14' x 48'.
12.10 LED Sign Faces shall allow for display of remotely changeable off -premise
advertising in intervals of at least eight seconds, or intervals required by FDOT regulations,
whichever is greater.
12.11 OUTFRONT may only submit one (1) application for an Amended LED Permit for
a LED Sign Face at a time. Within fifteen (15) days after OUTFRONT's receipt of all necessary
final governmental approvals, authorizations and permits from the City and FDOT (the
"Governmental Approvals") for the erection, installation and operation of the first LED Sign
face, OUTFRONT shall, at its sole cost and expense, permanently and voluntarily remove (if not
already theretofore removed pursuant to Paragraph 12.11) the Signs and Sign structures selected
by OUTFRONT from Exhibit N in exchange for the LED Sign Faces as provided in Paragraph
12.2 (the "Takedown Signs"). OUTFRONT may not apply for an Amended LED Permit for the
next LED Sign face until it has completed the removal of the Signs and Sign Structures referenced
in the immediately preceding sentence of this subparagraph. For clarification, all permits issued
under the Settlement Agreement and this First Amendment for the construction of Signs and LED
Sign Faces are the amendment of existing Sign permits and are not considered new permits for
such Signs and LED Sign Faces.
12.12 OUTFRONT may elect to permanently and voluntarily remove, at its sole cost and
expense, the Takedown Signs selected by OUTFRONT for removal in exchange for the LED Sign
Faces as provided in this Paragraph 12.2 prior to the submittal of an application for and receipt of
all necessary final Governmental Approvals for the erection, installation and operation of an LED
Sign Face at an Initial LED Location or Future LED Location. In such cases, the City shall issue
a credit to OUTFRONT for each Takedown Sign removed prior to submittal of an application for
a particular Amended LED Permit, which OUTFRONT may present to the City at the time of
permit application submittal in satisfaction (in whole or in part) of its takedown requirements under
Paragraph 12.2 herein for issuance of an Amended LED Permit for a LED Sign Face (the
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"Takedown Credit"). By way of example only, OUTFRONT may elect to submit 4 Takedown
Credits for the issuance of an Amended LED Permit or may elect to submit 2 Takedown Credits
and remove 2 of the Sign structures listed in Exhibit N in order to satisfy the requirements in
Paragraph 12.2 for issuance of an Amended LED Permit. OUTFRONT will pay the City an interim
permit fee of $5,000.00 (the "Certification Payment") for each Takedown Credit that is issued
by the City in accordance with this Paragraph in order to cover the administrative costs and fees
associated with the review and preparation of the Takedown Credit certification. A Takedown
Credit shall be valid for a period of five (5) years from the date of issuance by the City.
12.13 All LED Sign Faces must comply with Florida Statutes, FDOT rules and regulations,
as amended, at the time of permitting.
12.14 (a) Illumination. 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 or like measurement. 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;
• 672 (six hundred seventy-two) square feet to be measured 250 (two hundred
fifty) feet from source.
(b) 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.
(c) Default Design. All LED Sign Faces shall contain a 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 of this Paragraph_ within twenty-four (24) hours.
13. Amendment of License Agreement: Location #33 on Exhibit N is a City -owned
site, for which there is an existing Sign Location License Agreement between the City and
OUTFRONT. In recognition of OUTFRONT' s construction of an LED Sign Face on the Sign
Structure existing on this site, the City and OUTFRONT shall enter into a mutually agreeable
Addendum to said Sign Location License Agreement, subject to approval by City Commission
(which approval shall not be unreasonably withheld, conditioned or delayed). The City shall
issue to OUTFRONT all permits necessary for the construction of said LED Sign Face and shall
work with OUTFRONT to obtain any further governmental approvals (including FDOT) that
may be reasonably necessary to erect, install and operate the LED Sign Face pursuant to this
Paragraph 13. In the event that OUTFRONT is unable to obtain the necessary governmental
11
approvals for the construction of an LED Sign Face on this site, then the Addendum to said Sign
Location License Agreement shall not be effective.
14. Permit Expedition Fee. At OUTFRONT's option, which it may exercise in its
sole and absolute discretion, OUTFRONT may pay the City a permit expedition fee in the
amount of Seven Hundred Fifty Dollars ($750.00) in order for the City to expeditiously process
an Amended LED Permit Application and issue all permits necessary in order for OUTFRONT
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.
15. OUTFRONT to Indemnify and Hold Harmless the City. OUTFRONT agrees to
indemnify, defend, and hold harmless the City and its officials and employees in their official
capacities, from any claims, demands, liabilities, losses or causes of action of any nature
whatsoever for any injury, or claim of injury, either to person or property, that proximately
results from Signs or Sign Structures owned, operated or managed by OUTFRONT, or the
removal by OUTFRONT of any Signs or Sign Structures owned, operated or managed by
OUTFRONT. Further OUTFRONT shall defend the City in any suit or administrative
proceeding under Chap. 120, Fla. Stat. wherein the validity of the OUTFRONT Agreement is
challenged, except for an action brought by the City regarding such a challenge. OUTFRONT
shall furnish any defense hereunder with counsel of OUTFRONT's choosing.
16. Future Sign Regulation: Subject to the terms of the OUTFRONT Agreement and
Relocation Standards in Exhibit 0, OUTFRONT agrees to comply with and be bound by all
federal, State of Florida, and City sign regulations regarding LED Signs adopted prior to the date
of this First Amendment, but, during the term of the OUTFRONT Agreement, the City shall
take no action to compel any OUTFRONT Sign structure containing a LED Sign Face 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 OUTFRONT'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 or which are relocated pursuant to
this First Amendment. Nothing herein contained will relieve OUTFRONT from complying with
the Technical Regulations.
17. Construction and Law Governing. This First Amendment was drafted by both
parties, and therefore any ambiguity shall not be construed against either party. In addition, this
First Amendment 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.
18. 1,000 Foot Spacing. It is recognized by both parties that OUTFRONT currently
participates in the 1,000 foot spacing pilot program adopted by Resolution 09-0451 and may
continue to do so, to the extent permitted by Federal and State laws and regulations.
19. Compliance with Laws. At the time of construction, all Signs and Sign Structures
constructed pursuant to this First Amendment must comply with all applicable Federal and State
laws and regulations, including, but not limited to, the FDOT Rules. To the extent that any
provision of this First Amendment is or becomes inconsistent with Federal or State Statutes or
12
rules, including, but not limited to, the FDOT Rules, the Federal or State laws and regulations shall
govern.
20. Headings. The section and paragraph headings contained in this First Amendment
are for reference purposes only and shall not affect in any way the meaning or interpretation of
this First Amendment.
21. Entire Agreement. The Settlement Agreement, as expressly modified by this First
Amendment, shall constitute the entire agreement among the Parties with respect to the subject
matter hereof and merges all prior and contemporaneous communications.
22. No Further Amendments. Except as expressly modified by this First Amendment,
the Settlement Agreement shall remain unmodified and in full force and effect, and the Parties
hereby ratify their respective rights and obligations thereunder.
23. Amendments. No change in, or addition to, this First Amendment shall be
enforceable unless evidenced by a writing executed by the parties, after approval by the City
Commission. Any such enforceable amendment(s) shall become effective on the date stipulated
therein.
24. Effective Date. This First Amendment shall become effective as of the date it is
approved by the City Commission of the City of Miami (following the expiration of the Mayor's
veto period - unless a veto is exercised), and is signed by the City Manager and OUTFRONT
(herein the "Effective Date").
25. Terms of Art. Capitalized terms used in this First Amendment and defined herein
shall have their meaning as set forth herein. Capitalized terms defined herein shall not be given
the meaning provided herein to similar capitalized terms in the Settlement Agreement. For
example, "Amended LED Permit" as used herein has the definition provided herein for purposes
of this First Amendment, whereas "Amended Permit" as used in the Settlement Agreement has
the definition therein for purposes of the Settlement Agreement.
26. Conflict. In the event of any conflict between provisions of this First Amendment
and the Settlement Agreement, the provisions of this First Amendment shall control. In the event
of conflict between FDOT regulations under Chapter 479, Florida Statutes and any City
ordinances applicable to Signs, the FDOT regulations shall control.
27. Measurement of Distances. Distances specified under the OUTFRONT
Agreement, and all exhibits thereto, shall be measured along the nearest edge of pavement of the
main traveled way of the roadway to which a Sign is permitted.
CITY OF 1VIIAMI OUTFRONT MEDIA LLC
13
By: By:
City Manager
Its:
Dated: , 2015 Dated: , 2017
Attest:
City Clerk
Approval as to form and correctness:
Victoria Mendez, City Attorney
Dated: , 2017
Dated: , 2017
14
EXHIBIT L
Delaware
`12 T(rst State
PAGE 2
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWAR.E' DO HEREBY CERTIFY THAT THE ATTACHED I5 A TRUE AND
CORRECT COPY OF CERTIFICATE: OF FORMATION OF "CBS OUTDOOR LLC"
FILED IN THIS OFFICE ON THE TWENTIETH DAY OF JUKE, A.D. 2013, AT
6:05 O'CLOCK P.M.
2337422 8100v
130799853
You nay verify this carti.fica to online
at corp. dalarrnre. qov/nuthoor. oh tall
e (Rf
term). W IFullock, Secretory of Lite
AUTIIEN Q TION: 0533969
DATE: 06-24-13
State of 1301avare
Secretary of Stete
Division of rations
Delivered 06:08PM 06/20/2013
FILED 06:05 PM 06/20/2013
SRV 130799853 - 2337422 FILE
CErt_TfF1CATE OF FORMATION
OF
CBS OLJTDOOR LLC
The undersigned, an authorized natural pccrsaa. for the purpose offorming A !halted
liability company, under the provisions and nsbjert to tiro requirements of the State of
Delaware (particularly. chapter 1a, Title 6 of the Delaware Code and the acts amendatory
then:❑f and supPleincn'tal thereto, and known, Identified and referred to as lire "Delaware
Limited Liability Company het"), hereby cz lilies that
FIR.3T: The nemc of Oy3 littriied liabiljty company (hereinafter celled the "linti:ed
liability company") ls; C13S OUTDOOR LLC
SECOND: The ashlers of the registered ofl ce and the rvune and the address of the
tc ittcred agent of the limited liability company rcqutiaii to be maintained by Section 1 e-
1 I4 of the Delaware Limited LiablTily Company: Act are Corporalian Service Company,
271 I Centerville Road, Suite 400, Wilntingleo, Delaware 19808.
Executed en the 00 day of June. 2013.
774459\4 Stcp 3.4
CERTIF'ICA'I'E OF FORMATION
OF
CBS OUTDOOR LLC
The undersigned, an authorized natural person. for the purpose of forming a limited
liability cotnpany, under the provisions and subject to the requirements of the State of
Delaware (particularly Chapter 18, Title 6 ol'the Delaware Code and the aces amendatory
thereof and supplemental thereto, and known,,idcntiticd and referred to as the "Delaware
Limited Liability Company Act"), hereby certifies that:
FIRST: The name of the limited liability company (hereinafter called the "limited
liability company") is: CDS OUTDOOR LLC
SECOND: The address of the registered office and the name and the address of the
registered agent of the limited liability company required to be maintained by Section 18-
104 of the Delaware Limited Liability Company Act are: Corporation Service Company,
2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
Executed on the 00 day of June, 2013.
David H. Posy
774489v4 Slep 3.4
Delaware
The First State
PAGE 1
I, JEFFREY W. BULLOCK, SECRETARY OF STATE OF THE STATE OF
DELAWARE DO HEREBY CERTIFY THAT THE ATTACHED IS A TRCTE AND
CORRECT COPY OF THE CERTIFICATE OF CONVERSION OF A DELAWARE
CORPORATION CINDER THE NAME OF "CBS OUTDOOR INC." TO A DELAWARE
LIMITED LIABILITY COMPANY, CHANGING ITS NAME FROM "CBS OUTDOOR
INC." TO "CBS OUTDOOR LLC", FILED IN THIS OFFICE ON THE
TWENTIETH DAY OF JUNE, A.D. 2013, AT 6:05 O'CLOCK P.M.
2337422 8100V
130799853
You may verify this certificate onllr:a
at corp.d.lovgxa.gov/euthver.shtrR2
lefirey w, 6ullocF secretary of state �.
AUTHENC'TION: 0533969
DATE: 06-29-13
k
State of Dsiamsre
Secretary of 3taits
Division of Corporations
Delivered 06:05 PM 06/20/2013
FILM 06:05 PH 06/20/2013
SRS+ 13079.9853 - 2337422 TM
STATE OF DELAW'VARE
CERTIFICATE. OF CONVERSION
FROM A CORPORATION TO A
LIMITEE LIABILITY. COMPANY PURSUANT TO
5ECT1ON t S-214 OF THE' LIMITED LIABILITY ACT
1,) Th4jarlsdiotion wht' the CotpvroLion first forrnrd is DrLAWME.
2.) OaJurisdiciinn irnmekiiatcly prior to tiling this Ccrtiiicum is t 1 LAWe RE,
3.) 1'ha. darn the tarpiratlon lr.St formtd is RAY 24,199:.
4.) The, norm of thi: Corporation imnadiataly- print to filing this Cctwiiicate h
C81 OUTDOOR /NC.
5.) Tto narc nftha i .im tcd i.iability Company as sal forth in the. Ccrtificata af'
Formmion isCUS C!t['I i]•OO.R t.t C.
IN WITNESS. \Vi 1GRCOF, the undarslgned hays cwcuter1 this Cali fir ate Formation on tho
.217`h day of Juno, A.D. 2013.
EXHIBIT M
*91/0/20a2o561)40
(Requestors Narne)
(Address)
(Address)
(City/State/Zip/Phone #)
El PICK-UP
❑ WAIT ❑ MAIL
(Business Entity Name)
Certified Copies
(Document Number)
Certificates of Status
Special Instructions to Filing Officer:
Office Use Only
0
111
000265743190
•
CSCt
CORPORATION SERVICE COMPANY"
ACCOUNT NO. I20000000195
REFERENCE 354074 7350940
AUT?-IORIZATION •
COST LIMIT • $ 25.00
ORDER DATE : October 28, 2014
ORDER TIME : 9;38 AM
ORDER NO. 354074-185
CUSTOMER NO: 7350940
FOREIGN FILINGS
NAME: CBS OUTDOOR LLC
CORPORATE
LIMITED PARTNERSHIP
XX LIMITED LIABILITY COMPANY
XXXX AMENDMENT
PLEASE RETURN THE FOLLOWING AS PROOF OF FILING:
CERTIFIED COPY
XX PLAIN STAMPED COPY
CERTIFICATE OF GOOD STANDING
CONTACT PERSON: Courtney Williams -- EXT# 62935
EXAMINER:
APPLICATION BY FOREIGN LIMITED LIABILITY COMPANY TO FILE
AMENDMENT TO CERTIFICATE OF AUTHORITY TO TRANSACT
BUSINESS IN FLORIDA
Delaware
2. Jurisdiction of its organization: rg-
O
SECTION 1 (1-3 must be completed) C
`r, tom,
1. Name of limited liability Company as it appears on the records of the Florida Department of?p ,-1, j
State: CBS Outdoor LLC "< ��
..1?t.i c4..
3. Date authorized to do business in Florida: 03/13/2013
SECTION II (4-7 complete only the applicable changes)
4. New name of the limited liability company: Outfront Media LLC
(must contain "Limited Liability Company, " "L.L.C.," or "LLC.")
(If name unavailable, enter alternate name adopted for the purpose of transacting business in
Florida and attach a copy of the written consent of the managers or managing members adopting
the alternate name. The alternate name must contain "Limited Liability Company," "L.L.C."
or "LLC.")
5. If the amendment changes the jurisdiction of organization, indicate new jurisdiction:
6. If the amendment changes person, title or capacity in accordance with 605.0902 (1)(c), indicate
that change: _
7. Attached is an original certificate, if required: no more than 90 days old, evidencing the
aforementioned amendment(s), duly authenticated by the official having custody of records in the
jurisdiction under the lad of which this entity is organized.
Lisa Tanzi
Signature of th 'authorized representative
Typed or printed name of signee
Filing Fee: S25.00
Delaware
Te First State
PAGE 1
I, JEFFREY W. BULLOCK, SECRETARY Ok' STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY THE ATTACHED IS A TRUE AND CORRECT
COPY OF THE CERTIFICATE OF AMENDMENT OF "CBS OUTDOOR LLC",
CHANGING ITS NAME FROM "CBS OUTDOOR LLC" TO "OUTFRONT MEDIA
LLC", FILED IN THIS OFFICE ON THE TWENTIETH DAY OF NOVEM ER,
A.D. 2014, AT 8 O'CLOCK A.M.
2337422 8100
141443072
You may verify thin certifica to oDlioe
et Corp.delaware.gov/autkver_shto[
Jerhey w. Bu+wc , smmutryor smte
AUTION: 1 B89807
DATE: 11-21-14
Stag of Delaware
Secretary of State
Division of Carporatr•ans
13e1ivered 07:48 AM 11/20/2014
FILED 08:00 AM 11/20/2014
SRV 141434224 - 2337422 FILE
STATE OF DELAWARE
CERTIFICATE OF AMENDMENT
l . Name of Limited Liability Company: CBS Outdoor PLC
2. The Certificate of Formation of the limited liability company is hereby amended
as follows:
First; The name of the limited liability company as
Outfront Media I,LC
IN WITNESS WHEREOF, the undersigned have executed this Certificate on
the �day of AVD\ft, .fir ,A.D.2014
By: PAO/t.. nit
Authorized Person(s)
Name: 'Lisa Tanzi
Print or Type
EXHIBIT N
Exhibit N
Order Address Structure Type Folio Number Zoning Land Use
Panel
Size
Location Description State Permit Number # of Faces
"ORIGINAL"EXHIBIT D
1 7397 SW 8TH ST
2 1716 NW 27TH AVE
3 420NE79THST
4 2479 NW 36TH ST.
5 2280 NW 20TH ST
6 3231 NW 36TH ST
7 915 SW 27 AVE.
8 3620 NW 7TH ST
9 3522-24-26-28 W FLAGLER
10 5741 W. FLAGLER ST.
11 47 NW 79TH ST.
12 100 SW 17TH AVE
13 2662 S DIXIE HWY
14 490 NW 79 ST
15 219-23 NW 27 AVE
16 3725 NW 27 AVE
17 136 NW 37 St
18 2925 NW 36 ST.
19 15 SW 17 AVE
MANAGED LOCATIONS
ROOF 01-4002-003-2450 T6-8-O
MONOPOLE 01-3133-008-0200 T6-8-O
1-BEAM 01-3207-000-0470 T6-8-O
MONOPOLE 01-3122-038-0120 T6-8-O
MONOPOLE 01-3134-028-0010 D1
MONOPOLE 01-3121-014-0050 T6-8-O
MONOPOLE 01-4110-009-0180 T6-8-O
MONOPOLE 01-4104-023-1390 T6-8-O
1-BEAM 01-4104-022-0210 T6-8-O
MONOPOLE 01-4001-003-3540 T6-8-O
1-BEAM 01-3112-000-0014 T6-8-O
I -BEAM 01-4103-014-0360 T-5-O
1-BEAM 01-4115-041-0570 T6-8-O
1-BEAM 01-3112-016-0010 T6-8-O
MONOPOLE 01-4103-033-2990 T6-8-O
MONOPOLE 01-3122-050-0130 D1
MONOPOLE 01-3124-021-1490 T5-O
MONOPOLE 01-3121-000-1421 T6-8-O
MONOPOLE 01-4102-006-1220 T6-8-O
Restricted Commercial
Restricted Commercial
Restricted Commercial
General Commercial
Light Industrial
General Commercial
Restricted Commercial
Restricted Commercial
Restricted Commercial
Restricted Commercial
General Commercial
Restricted Commercial
Restricted Commercial
General Commercial
Restricted Commercial
Light Industrial
Restricted Commercial
General Commercial
Restricted Commercial
14x48 N/L US 41 2640 F E SR 826 E
14x48 W/L NW 27 AVE 50 F N NW 17 ST
14x48 S/L NW 79 ST 1056 F W BISCAYNE BLVD W
10.5x36 W/L NW 36TH ST. 20 F N NW 24TH AVE., E
14x48 S/L NW 20ST 20 F W NW 22CT E
14x48 N/L NW 36 ST 150 F W NW 32 AVE E
14x48 E/L SW 27 1000 F S SW 8 ST N
14x48 S/L NW 7 ST 250 F E NW 37 AVE
14x48 S/L FLAGLER 1584 F E DOUGLAS RD E
14x48 N/L FLAGLER 200 F W RED RD E
14x48 N/L NW 79 ST 500 F W MIAMI AVE
14x48 W/L SW 17 AVE 50 F S 1ST STREET S
14x48 E/L US 1 SW 27 AVE S
14x48 S/L NW 79ST150FENW 5AVE E
14x48 E/L NW 27 AVE 1056 F N FLAGLER N
14x48 E/L 27TH AVE S SR 112 N
14x48 S/L 1-195 300 FT W/O MIAMI AVE
14x48 N/L NW 36 ST 15 F E NW 29 CT E
14x48 N/L SW 1ST ST 75 F E SW 17 AVE W
CG794/BF539
BN652/BN653
Not Req'd
Not Req'd
Not Req'd
Not Req'd
BH309
Not Req'd
Not Req'd
Not Req'd
CC 181 /CG907
Not Req'd
BJ862/BF522
Not Req'd
BF526/BF542
BV553/BV554
CJ540/CJ541
Not Req'd
Not Req'd
2
2
1
2
2
2
1
1
2
2
2
2
2
2
2
2
2
2
1
20 3701 N. MIAMI AVE.
21 3801 N MIAMI AV
22 570 NW 71 ST
23 575 NW 62ND ST
24 7527-7531 NW 6 CT
25 1085 NE 79TH ST.
26 4640 NW 17 AVE.
27 1715 NW 50 ST.
28 3700 S DIXIE HWY
1-BEAM 01-3124-026-0070 T6-12-0
MONOPOLE 01-3124-026-0180 T6-12-0
MONOPOLE 01-3113-024-0560 D1
MONOPOLE 01-3113-025-0590 T6-8-O
MONOPOLE 01-3112-028-0090 D1
I -BEAM 01-3207-016-2930 T-5-O
MONOPOLE 01-3122-014-0090 T5-O
MONOPOLE 01-3122-052-4521 T5-O
1-BEAM 01-4120-033-0010 T6-8-O
AMENDED PERMITS AND RELOCATIONS PER SETTLEMENT
General Commercial
General Commercial
Light Industrial
Restricted Commercial
Light Industrial
Restricted Commercial
General Commercial
General Commercial
Restricted Commercial
14x48 W/L 1195 2640 F S BISCAYNE BLVD W
14x48 N/L 1195 2640 F W BISCAYNE BLVD E
14x48 W/L 195 528 F N NW 69 ST N
14x48 W/L 195 50 F N NW 62 ST S
14x48 W/L 195 72ND ST
14x48 N/L NE 79TH ST 2 M E 195
14x48 NW 17TH AVE W NW 46TH ST N
14x48 W/L NW 17TH AVE NW 50TH STREET N
14x48 E/L US 1 DOUGLAS RD.
CD184/CD185
CD972/CH718
CE215/CE216
CE204/CE205
CH622/CH623
C I798
Not Req'd
Not Req'd
BV513/BV514
2
2
2
2
2
1
2
2
2
29 660 NW 20 ST
30 3621 NE 1 CT
31 1330 NW 2ND COURT
32 NE 37 ST & FEDERAL (RR)
33 1550 NW 37 AVE
34 350 NW 2ND ST
35 3800 NW 2ND AV
36 636 NW 23 ST
37 1490 NW 3 AVE.
38 755 E 79TH ST
39 5431 NE 2ND AVE
40 311SW7St
MONOPOLE 01-3136-035-0340 CI
MONOPOLE 01-3124-022-0160 T6-12-0
MONOPOLE 01-3136-036-0020 T6-8-O
MONOPOLE 01-3219-000-0280 T6-12-0
MONOPOLE 01-3132-000-0090 CS
MONOPOLE 01-0110-090-1070 T6-8-O
MONOPOLE 01-3124-002-0940 T4-O
MONOPOLE 01-3125-035-0360 D2
MONOPOLE 01-3136-064-0010 T6-8-O
MONOPOLE 01-3207-017-0260 T5-O
MONOPOLE 01-3218-027-0190 T5-O
MONOPOLE 01-0204-010-1010 T6-24
Major Ins. Public Facilities
General Commerical
Restricted Commercial
General Commerical
Recreation
Restricted Commercial
General Commerical
Industrial
Restricted Commercial
Restricted Commercial
Restricted Commercial
Restricted Commercial
ADDITIONAL BILLBOARD STRUCTURES OWNED BY AFFILIATED COMPANIES
14x48 S/L SR 836 DOLPHIN EXPY. 1200 FEET W 1-95
14x48 S/L 1-195 750 FT W BISCAYNE E
14x48 S/L 1-395 INTERSTATE395/SR836 .25 MI E 195
14x48 N/L 1-195 500 FEET W BISCAYNE BLVD
14x48 N/L SR 836 DOLPHIN EXPY .3 MILES E LEJEUNE
14x48 W/L 1-95 210 FT S NW 2ND STREET
14x48 N/L 3800 NW 2ND AVE 1-195 @ W NW 2 AVE E
14x48 W/L 1-95 N
14x48 N/L 1-395 900 FT E 1-95
14x48 N/L 753-755 79TH ST 500 E 7 AVE
14x48 E/L 5431 NE 2ND AVE 50 S NE 55TH ST N
14x48 N/L 195 250 F N SW 7th ST E
CG958/CG959
CH400/CH401
CH863/CH864
CH690/CH691
CH368/CH369
CH908/CH909
C1525/C1526
C1018/C1019
C1138/C1139
Not Req'd
Not Req'd
CJ918/CJ919
2
2
2
2
2
2
2
2
2
2
2
2
41 717 SW 17th Av
MONOPOLE 01-4102-012-0070 T5-O Restricted Commercial
25X25 E/L 17th Av north of SW 8th St
Not Req'd 2
EXHIBIT 0
Exhibit 0
RELOCATION STANDARDS
All relocations by OUTFRONT Media LLC must meet the following criteria:
1. Signs shall only be relocated to the following zoning classifications of the Miami
21 Zoning Code:
a. T-5-0 or a more liberal classification including, without limitation, the
zoning classifications referenced in lb, lc, ld, le and lfbelow;
b. CI;
c. CIHD;
d. DI;
e . D2; or
f. D3
2. No sign shall be located within 300 feet of a T-3 zoning district, as measured in
accordance with Rule 14-10.006(4), Florida Administrative Code.
3. Nothing contained herein shall prevent the City from amending or repealing the
zoning classifications set forth in paragraph 1 above, enacting a new zoning code
or amending or repealing the 2020 Future Land Use Map, as defined in the Miami
Comprehensive Neighborhood Plan. However, in such event, the Signs may be
relocated to zoning classifications that permit any of the following uses:
a. Hotels and motels, general office uses, clinics and laboratories,
auditoriums, libraries, convention facilities, places of worship, and
primary and secondary schools, general retail, personal and professional
services, real estate, banking and other financial services, restaurants, bars,
saloons and cafes, general entertainment facilities, private clubs and
recreation facilities, major sports and exhibition or entertainment facilities,
commercial marinas, retailing of second hand items, automotive repair
services, new and used vehicle sales and services, parking lots and garages,
heavy equipment sales and service, building material sales and storage,
wholesaling, warehousing, distribution and transport related services, and
other commercial activities, whose scale and land use impacts are similar
in nature to those uses described herein.
b. Facilities for federal, state and local government activities, major public or
private health, recreational, cultural, religious or educational activities, and
major transportation facilities and public utilities.
c. Industrial activity, such as manufacturing, distribution, processing, assembly,
auto -related activities, storage activities, wholesaling, warehousing,
fabrication of materials and equipment, repairs of materials, equipment and
vehicles.
4. The relocation shall comply with the requirements of Miami 21, except as set forth
in paragraphs 1 and 2 above.
5. The relocation shall not be to a Gateway.
6. The fee for the relocation shall be $2,500.00, not including building permit fees.
7. Signs shall only be relocated when relocation is a necessity. A relocation is a
necessity when the billboard company submits an affidavit or declaration to the
City that one or more of the following conditions are present at the existing location:
(a) Cancelation of a lease or easement;
(b) Visibility of a Sign from where it is intended to be viewed is
diminished;
(c) Expiration and/or termination of a lease;
(d) The landlord invokes a requirement in a lease to remove a Sign
from the property;
(e) Removal of a Sign by any government entity through the power
of eminent domain; and/or
(f) Removal of a sign in connection with the issuance of an amended permit
for a proposed relocated and reconstructed billboard
(g) The billboard company is unable to install or continue operating a
LED Sign Face at an Initial LED Location or at a Future LED
Location for any reason.
EXHIBIT P
EXHIBIT P
Brushed Aluminum Frame and Decorative Pole Cover
EXHIBIT Q
Exhibit Q
Initial LED Locations to Rebuild and Convert to LED
I. initial LED Location No. I (identified as Sign No. 31 on Exhibit N): S/L I-395/SR 835 0.25 Miles E/O I-95, 1330 NW 2" Court, Folio
No. 01-3136-036-0020 (City Conunissioner District 5). Structures to be Removed as per the First Amendment for Issuance of an
Amended LED Permit at Proposed LED Location No. 1 are as follows:
Location
Description
Structure
Type
Property
Address
Folio No.
Zoning
Panel Size
District #
Amended
Permit
Gateway
N/S Flagler 200
FT W/O Red Rd
Monopole
5741 W Flagler St
01-4001-003-3540
T6-8-O
I4x48
4
No
No
27 Ave S/O SR-
112 E/S
Monopole
3725 NW 27 Ave
01-3122-050-0130
DI
14x48
1
No
No
N/L 753-755 79 St
500 FT E/O 7 Ave
Monopole
755 E 79 Street
01-3207-017-0260
T5-O
14x48
5
Yes
Yes
2. Initial LED Location No. 2 (identified as Sign No. 32 on Exhibit N hereof): N/L 1-195 500 Feet W/O Biscayne Blvd, NE 37 Street &
Federal I Iwy (RR), Folio No. 01-3219-000-0280 (City Commissioner District 5). Structures to be Removed as per the First Amendment
for Issuance of an Amended LED Permit at Proposed LED Location No. 2 are as follows:
Location
Description
Structure
Type
Property
Address
Folio No.
Zoning
Panel Size
District #
Amended
Permit
Gateway
NW 7 St 250 FT
E/O NW 37 Ave
S/S F/W
Monopole
3620 NW 7 Street
01-4104-023-1380
T6-8-O
14 x 48
4
No
No
NW 79 St 1056 FT
W/O Biscayne
Blvd S/S
Monopole
420 NE 79 Street
01-3207-000-0470
T6-8-0
14 x 48
4
No
Yes
Future LED Locations To Be Determined.
MIA 188085037v1