HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-08-0258
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00431
Final Action Date: 5/8/2008
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
APPROVING A DISMISSAL OF THE PROCEEDINGS PENDING BEFORE THE CITY
OF MIAMI CODE ENFORCEMENT BOARD (HALCO HOLDINGS, LLC, CEB CASE
NO. 2007-000254); APPROVING A SETTLEMENT AGREEMENT BETWEEN THE
CITY OF MIAMI AND CBS OUTDOOR, INC., A DELAWARE CORPORATION,
(SUCCESSOR -BY -MERGER TO NATIONAL ADVERTISING COMPANY, A
DELAWARE CORPORATION, D/B/A VIACOM, INFINITY, NATIONAL AND CBS AND
INFINITY OUTDOOR OF FLORIDA, INC., A FLORIDA CORPORATION, D/B/A
VIACOM, INFINITY AND CBS) ("CBS") ARISING FROM THE HALCO HOLDINGS,
LLC PROCEEDINGS REGARDING OUTDOOR ADVERTISING STRUCTURES;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT
AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, AND ALL NECESSARY
DOCUMENTS, INCLUDING DOCUMENTS RELATED TO LICENSE AGREEMENTS
AND DETERMINATION OF SIGN LOCATIONS, IN A FORM ACCEPTABLE TO THE
CITY ATTORNEY.
WHEREAS, the City of Miami ("City") instituted code enforcement proceedings against Nalco
Holdings, LLC ("Nalco") in 2007 over the status, location and appearance of an outdoor advertising
structure ("Sign") located on its property; and
WHEREAS, CBS Outdoor, Inc. ("CBS") actually owns and/or operates the Sign located on
Halco's property; and
WHEREAS, in the proceedings against Nalco, the City sought to enforce zoning regulations
applicable to CBS's Sign located on the Nalco Property within the City; and
WHEREAS, CBS owns and/or operates several other Signs within the City and is in doubts as
to its rights and responsibilities as related to such Signs due to the City's zoning ordinances, which
could lead to future litigation; and
WHEREAS, the City and CBS seek to settle all issues regarding CBS's Signs located within the
City; and
WHEREAS, Section 10.4.5 of the Code of the City of Miami, Florida, as amended, authorizes
the issuance of permits for Signs in conjunction with the settlement of related litigation; and
WHEREAS, the City Commission wishes to authorize the City Manager to execute the attached
Settlement Agreement and all necessary documents in a form acceptable to the City Attorney ;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
City of Miami Page 1 of 2
File Id: 08-00431 (Version: 1) Printed On: 5/5/2016
File Number: 08-00431 Enactment Number: R-08-0258
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 a Settlement Agreement, in
substantially the attached form, related to the code enforcement board case, HALCO HOLDINGS,
LLC, CEB Case No. 2007-000254, settling all claims with CBS, and execute all necessary documents,
including but not limited to license agreements for City -owned property, in a form acceptable to the
City Attorney.
Section 3. The City Manager is authorized{1 } to select the locations of the Signs allowed by the
seven (7) Initial Amended Permits, as defined in the Settlement Agreement.
Section 4. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
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 2 of 2 File Id: 08-00431 (Version: 1) Printed On: 5/5/2016
SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into as of May , 2008, by and
between the City of Miami (the "City"), a Florida municipality, and CBS Outdoor, Inc., a
Delaware corporation, (successor -by -merger to National Advertising Company, a Delaware
corporation, d/b/a Viacom, Infinity, National and CBS and Infinity Outdoor of Florida, Inc., a
Florida corporation, d/b/a Viacom, Infinity and CBS) (collectively referred to as "CBS").
RECITALS
A. The City has adopted ordinances that, among other things, regulate the size,
height, appearance, lighting, and landscaping requirements for outdoor advertising structures
("Signs"). City ordinances have permitted Signs in certain Zoning Districts and prohibited them in
others. Certain Signs which CBS 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, CBS owned or operated 53 Signs in the City. Since April 2001,
disputes have arisen between CBS and the City regarding City ordinances regulating Signs, the
applicability of certain City ordinances to Signsowned by CBS, 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.
C. The City acknowledges that CBS has removed a number of Signs that were in
CBS's inventory as of April, 2001.
D. The City and CBS desire to resolve all disputes and the pending litigation between
them in this Settlement Agreement ("Agreement"):
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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 CBS hereby agree as follows:
AGREEMENT
1. Incorporation of Recitals. The above recitals are true and correct and are
incorporated into and made part of this Agreement.
2. Definitions.
a. As used in this Agreement, the terms "Sign regulation", "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").
b As used in this Agreement, the term "Base Building Line" shall have the
meaning set forth in §§54-186- through 54-190 of the City of Miami Code (the "City Code").
c. As used in this Agreement, "Height" means the vertical measurement 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".
d. As used in this Agreement, "Full Permit Application" means survey, plans,
site plans, structural and electrical plans, and a fully completed permit application.
e. As used in this Agreement, "Gateways" means those areas of the City of
Miami designated on the map attached as Exhibit "A" where, irrespective of Zoning Districts and
corresponding restrictions, Signs are not permitted. Subsequent to the Effective Date of this
Agreement, should the City amend its Settlement Agreement with Clear Channel Outdoor, Inc.
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("CCO), and a gateway map designating where Signs are not permitted is made a part of that
Settlement Agreement, and said map is different than Exhibit "A", then whichever map is less
restrictive shall apply to CBS under this Agreement.
f. Reserved.
g. As used in this Agreement, "Zoning District" means the divisions of the
City pursuant to the Zoning Ordinance of the City of Miami, currently Ordinance 11000. The
Zoning Districts are listed in Section 400, from most restrictive to least restrictive. The most
restrictive Zoning District is (CS - Conservation), and the Ieast restrictive is (I - Industrial). Signs
are only allowed in C-1 or less restrictive Zoning Districts. Even if Ordinance 11000 is repealed,
this Agreement is governed by the provisions of Ordinance 11000 which are in effect on the
Effective Date of this Agreement.
h. As used in this Agreement, "Termination Date" shall mean 25 years from
the "Effective Date" (see paragraph 19(m)).
3. Sign Inventory and Removal of Signs. CBS owns or operates all Signs listed on
Exhibits B, C and D, and to the best of CBS's knowledge, there are no other Signs within the City
that are currently owned or operated by CBS or any of its subsidiaries, affiliated corporations, or
affiliated entities. To the best of CBS's knowledge: (a) the information set forth in the attached
Exhibits B, C and D accurately describes all of CBS's inventory of Signs within the City; and (b)
Exhibits B, C and D identify the Zoning District in which each CBS Sign is located, the number of
Sign faces, the location by street address and folio number, and whether the Sign is a roof Sign.
With respect to any Sign or Sign structure owned by CBS which is not listed on Exhibits B, C and
D, CBS will immediately remove said Sign and/or Sign Structure as of the Effective Date of this
Agreement. With respect to any Sign operated or managed by CBS which is not listed on
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Exhibits B, C and D, CBS will discontinue operating/managing same as of the Effective Date of
this Agreement. CBS will remove Signs from various Zoning Districts including C-1, C-2, and
Special Districts, as set forth below. Immediately following the removal of any Sign under this
paragraph, CBS will provide the City with written notice of the removal so the City can monitor
CBS's compliance with this Agreement. The City will not require any permits for CBS to remove
the Signs on the attached exhibits and described below:
a. Within three (3) months of the Effective Date of this Agreement, CBS
shall, at its sole cost and expense, permanently remove all of the Sign structures with the Sign
faces listed on Exhibit B. Included in the Sign structures to be removed are all CBS' Sign
structures currently located on SW 40th Street (Bird Road) between USI and Ponce de Leon
Boulevard, as identified on Exhibit B. Also listed on Exhibit B is one (1) rooftop Sign structure
to be removed, leaving one (1) rooftop Sign structure to be removed in accordance with the
provisions of Paragraph 3c(i) below. Provided the City takes no action to compel either the
removal of such Signs or their compliance with any City ordinances applicable to Signs during the
term of this Agreement and prior to the voluntary removal deadline set forth herein, with respect
to each of the Sign structures and the Sign faces listed on Exhibit B, CBS 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.
b. CBS has already removed or is currently in the process of removing the
Sign structures with the Sign faces listed on Exhibit C. Those Sign structures on Exhibit C not
already removed will be removed not later than three (3) months following the Effective Date of
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this Agreement. Provided the City takes no action to compel either the removal of such Signs or
their compliance with any City ordinances applicable to Signs during the terns of this Agreement
and prior to the voluntary removal deadline set forth herein, with respect to each of the Signs
listed on Exhibit C, CBS 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. Set forth on attached Exhibit D is a list of all CBS Sign structures with
Sign faces which will remain in the City (subject to other provisions of this Agreement) following
the removal of the Signs listed on Exhibits B and C.
(i). On or before the Twenty -Fifth Anniversary (25th) of the Effective
Date, CBS will remove all the remaining rooftop Sign structure listed on Exhibit D, but in any
event all remaining rooftop Signs owned by CBS. In other words, upon the Twenty -Fifth
Anniversary (25'h) of the Effective Date of this Agreement, no rooftop Sign structures shall
remain. Provided the City takes no action to compel either the removal of the Sign faces
described in this subparagraph 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, CBS 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.
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(ii). 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, CBS 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. This removal requirement of C-1 Signs is in addition to any other removal requirement
contained in this Agreement. 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, CBS 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; 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.
d. CBS will immediately remove any Sign that CBS owns within the territorial
limits of the City, as of the Effective Date, not listed on Exhibits B, B-1, C or D to this
Agreement, and CBS 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; 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.
e. The parties shall, five (5) years prior to the Termination Date, enter into
negotiations to extend this Agreement, upon mutually acceptable terms. Any such extension of
this Agreement will require that the fees to be paid by CBS to be renegotiated.
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f. If, during the term of this Agreement, any Sign listed on Exhibit D which is
presently operated by CBS (but not owned) is no longer operated by CBS, then said Sign shall no
longer be subject to the terms of this Agreement, but shall be subject to all applicable federal,
state and local regulations.
g.
Within thirty (30) calendar days following CBS' removal of any Sign
and/or Sign structure under this Agreement, as listed on any Exhibit to this Agreement, CBS shall
notify the City of the removal. Additionally, within thirty (30) calendar days following CBS'
termination of operation/management of any Sign and/or Sign structure under this Agreement, as
listed on any Exhibit to this Agreement, CBS shall notify the City of such discontinuance of
operation/management.
4. Amended Permits. In recognition of CBS'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
CBS to transfer the permit rights associated with such Signs to new locations with a maximum of
two (2) Sign faces each on the terms and conditions set forth below:
a. The City will amend up to a maximum of 15 permits for Signs based on
CBS'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. The City acknowledges that CBS shall be entitled
to the issuance of 7 Amended Permits upon the removal of the Signs listed on Exhibit B (the
"Initial Amended Permits"). For Amended Permits 8-15, CBS shall be given credit for the
thirteen (13) Signs listed on Exhibit C. After all credits for the removal of Signs Iisted in Exhibit
C are applied, CBS shall remove the Signs listed in Exhibit B-1 in the order designated to obtain
the remaining Amended Permits, up to a total of 15 Amended Permits. CBS may substitute a
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Sign listed in Exhibit B-1 with the City's express consent. For Signs constructed based on credits
obtained for the removal of Signs listed in Exhibit B-1, the Sign shall not be erected before the
designated Signs from Exhibit B-1 are removed.
b. Except for the Initial Amended Permits, Amended Permits will allow Signs
only along those expressway segments identified in Exhibit E. Signs built on expressway locations
may be built to the Height allowed by FDOT regulations. Except for the Initial Amended Permits,
no Amended Permit will allow a Sign in a City -designated "Gateway". Furthermore, except for
the Initial Amended Permits, Amended Permits will not allow Signs in any Zoning District more
restrictive than C-1.
c. Upon application by CBS 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 less restrictive Zoning
District. For all Initial Amended Permits and Amended Permits, CBS will submit FDOT Form
575-010-04 to the City, which will be stamped on the date received. The City's signature on
FDOT Form 575-010-04 shall constitute approval of the location of the sign, and no further
approvals from the City shall be required. All Sign permits will be processed "first in, first out",
such that no other FDOT Forms may be signed or authorized for a subsequent application which
would interfere with the location secured by a previously approved FDOT Form 575-010-04. If
an FDOT permit is not issued within 280 days of the City's signature, the City's approval will
become null and void for that particular application.
d. Each application for an Amended Permit shall comply with all Technical
Regulations and all setback and encroachment requirements. Additionally, CBS will place all
columns, foundations and overhangs within the Base Building Line. CBS shall immediately
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implement the retrofit requirements contained in this Agreement for any structure which is erected
pursuant to an Amended Permit;
e. CBS will pay the City a one-time permit amendment fee as follows: (a)
$20,000 for each Amended Permit for a Sign structure in a C-2 Zoning District; and (b) $50,000
for each Amended Permit for a Sign 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 the underlying district on the Effective Date of this Agreement, unless
the ordinance creating the Special District, and passed prior to the Effective Date of this
Agreement, specifically prohibits all outdoor advertising Signs.
f. During the term of this Agreement, except as set forth in 4(d), above, the
City shall take no action to compel any CBS Sign which is the subject of an Initial Amended
Permit or Amended Permit under this paragraph, to come into compliance with City Sign
ordinances currently or formerly in effect or hereafter adopted. Subject to CBS's payment of the
fees set forth herein and its compliance with all applicable FDOT regulations and the other
requirements set forth in paragraphs 4(c), 4(d) and 6(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. CBS and the City acknowledge that CBS 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 CBS expressly waives
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any such claim arising out of such failure. CBS's Amended Permit rights as provided 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 (5) years after the Effective Date of this Agreement.
5. Default.
a. CBS agrees to pay the City a liquidated penalty of $10,000 per day per
Sign for any Sign which it does not remove in accordance with the terms of this Agreement set
forth herein. The City shall not be entitled to receive the per diem penalty set forth in this
paragraph until it has notified CBS of each Sign it claims CBS has failed to remove and it has
provided CBS 30 days to cure any such failure. To secure its obligation to remove Signs under
this Agreement, CBS shall, on the later of the Effective Date of this Agreement, or 60 days from
CBS's receipt of the Initial Amended Permits, post a performance bond in favor of the City and
approved by the City, in the total amount of $100,000.00. The performance bond shall not be
released until the Termination of this Agreement.
b. No later than the Twenty -Fifth (25th) Anniversary of the Effective Date,
CBS will deliver to the City a list of the four (4) double faced Signs and Sign structures and one
(1) single faced Sign and Sign Structures from those C-1 or Special District Signs on Exhibit D
that CBS has removed under paragraph 3c(ii) of this Agreement. If the City determines, after the
Twenty -Fifth (25th) Anniversary of the Effective Date, that CBS has not removed four (4) double
faced Signs and Sign structures and one (1) single faced Sign and Sign Structures from those
listed on Exhibit D, the City shall promptly notify CBS and CBS shall have 30 days to cure. For
each day thereafter during which CBS fails to comply, the City shall be entitled to a liquidated
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penalty of $10,000 per day for each Sign that CBS has failed to remove in accordance with this
Agreement.
c. Nothing contained in this paragraph shall prevent the City from enforcing
its police powers and safety regulations in a manner not inconsistent with this Agreement.
d. In the event CBS fails to perform its obligations under this Agreement,
after written notice and a thirty (30) day cure period, the City shall be entitled to all legal and
equitable remedies allowed under Florida law, including, but not limited to, the remedies of
specific performance, and/or an action against the bond.
e. In the event the City fails to perform its obligations under this Agreement,
after written notice and a thirty (30) day cure period, CBS shall be entitled to all legal and
equitable remedies allowed under Florida law, including those remedies provided to the City
under paragraph 4d, except an action against the bond.
6. Status of Remaining Signs. Listed on Exhibit D are all of CBS's Signs which
may remain in the City of Miami (subject to other provisions of this Agreement). The City shall
allow these Signs to remain as constructed in their existing locations, subject to the following:
a. By the later of the Effective Date of this Agreement, or 60 days after CBS's
receipt of the Initial Amended Permits, CBS 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 CBS copies of permits in its possession for all other Signs listed on Exhibit D. For all
Signs listed on Exhibit D, the City will issue a written determination whether a Sign is legal or
legally non -conforming during the term of this Agreement, upon CBS providing certification from
a licensed electrical contractor certifying compliance with applicable National Electric Code
(NEC) requirements. For any Signs which neither the City nor CBS is able to locate a copy of the
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original City 'permit. CBS will pay the City a letter issuance fee of $5,000 for each such Sign.
During the term of this 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 CBS or its
assigns as assigns are defined in paragraph 19(f) below. Except as provided below, upon
completion of the exchange of permits and the issuance of letters, the City shall not require CBS
to obtain any further permits or approvals from the City for any of its Signs listed on Exhibit D
other than the payment of annual renewal fees as specified herein. CBS shall maintain and keep in
good repair its Signs listed on Exhibit D (which are not removed), and the City will issue CBS any
permits which may be required for CBS to exercise its maintenance and repair obligations under
this paragraph.
b. Some of the Signs listed on Exhibit D may not conform with current City
ordinances that, among other things, regulate the Height, distance requirements, orientation, or
landscaping of Signs ("Non -conforming Signs"). As of the Effective Date of this Agreement (but
only for as long as CBS owns and/or operates said Non -conforming Signs, and in no case beyond
the Termination Date), all Non -Conforming Signs listed in Exhibit D and all Non -conforming
Signs for which the City issues Amended Permits shall be deemed lawfully erected or lawful non-
conforming Signs, as applicable, with respect to any nonconformities as of the Effective Date of
this Agreement. During the term of this Agreement, except as provided in Paragraph 4(d), above,
the City shall take no action to compel the Signs Listed on Exhibit D or Signs for which the City
issues Initial Amended Permits or Amended Permits to be removed or to come into compliance
with City Sign ordinances currently or formerly in effect or hereafter adopted, but only for as
long as CBS owns and/or operates said Signs. In the future, the City may adopt additional
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ordinances regulating Signs. During the term of this Agreement, however, the City, shall take no
action to compel CBS'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, but only for as long as CBS owns and/or operates said Signs. During the
term of this Agreement, all Signs listed on Exhibit D and Signs erected pursuant to Amended
Permits may remain as lawful, lawful non -conforming uses, or lawful non -conforming
characteristics of use as currently or hereafter constructed, but only for so long as CBS owns
and/or operates said Signs. During the term of this Agreement CBS may replace, reconstruct,
repair, maintain, and upgrade (which shall not include increasing the sizes, number of faces, or any
nonconformities) any Sign listed on Exhibit D and Signs erected pursuant to Amended Permits,
which are not being voluntarily removed under this Agreement. The City will issue CBS any
permit necessary to effectuate the purposes of this paragraph.
c. Any City Sign regulation adopted prior to or after the Effective Date of this
Agreement shall not be applied to diminish CBS's rights under this Agreement.
d. The City and CBS agree that the premises permit dated August 17, 1995, a
copy of which is attached hereto as Exhibit H, shall be deemed a valid permit for the Signs listed
therein, but only for so long as CBS, or its assigns, owns and/or operates said Signs.
e. CBS and the City acknowledge that CBS bears the sole risk of finding,
securing and maintaining the sites for the Signs it owns and/or operates, and that its failure to
maintain said sites shall not give rise to any claim for compensation or other relief from the City,
including code enforcement actions by Miami -Dade County, and CBS expressly waives any such
claims.
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7. Initial Payments to City and Issuance of Initial Amended Permits. Based on the
parties' respective undertakings set forth herein, CBS has agreed to make certain payments to the
City and the City has agreed to issue Amended Permits to CBS as provided herein:
a. On the Effective Date of this Agreement, CBS will pay the City the annual
renewal permit fees for its outdoor advertising Signs for the years 2001, 2002, 2003, 2004, 2005,
2006, 2007 and 2008 totaling $54,400.00. Said fees are calculated as follows: 68 Signs listed on
Exhibits B, C & D x $100.00 per Sign x 8 years. Annual permit renewal fees shall not be
increased until 2008 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.
b. Simultaneously with the execution of this Agreement, the City shall deliver
completed and fully executed FDOT Form 575-070-04 for each Initial Amended Permit certifying
that, for the address of each of these Sign locations it is or will be in compliance with all duly
adopted local ordinances and has been or will be issued the necessary City permits. The executed
forms and applications for the Initial Amended Permits shall constitute approval of the location of
the signs which are the subject of the Initial Amended Permits, and no further approvals from the
City shall be required for the Initial Amended Permits. Upon the execution of this Agreement and
CBS's receipt of the FDOT Form 575-070-04, it will pay the City a total of $2,600,000 as
follows:
(i) a $350,000 ("Permit Fee") for the Initial. Amended Permits in
accordance with this. Agreement. The Permit Fee is calculated as follows: 7 Initial Amended
Permit Signs x $50,000.00 per Sign. CBS shall pay the Permit Fee to the City irrespective of
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whether or not Miami -Dade County initiates code enforcement proceedings requiring CBS to
remove any Signs;
(ii) a Sign Surcharge of $2,250,000. This Sign Surcharge shall be divided
into five (5) equal payments of $450,000. Subject to the provisions of 7g below, the initial
$450,000 payment shall be due at the same time CBS pays the Permit Fee. Thereafter, there will
remain $1,800,000 due to the City for the Sign Surcharge. Subject to the provisions of
paragraphs 17(b) and (c) below, CBS shall pay the City $450,000 every year for four years on the
anniversary of the date CBS made the initial Sign Surcharge payment. The Sign Surcharge is for
the permit rights granted or otherwise confirmed under this Agreement.
c. The Sign removal requirements for the Initial Amended Permits shall be
deemed satisfied by CBS's removal of the Signs listed in Exhibit B.
d. As set forth in Paragraph 4(a) above, CBS shall remove the Signs identified
in Exhibit B-1 on a two -for -one basis before constructing a Sign pursuant to Amended Permits 8-
15.
e. The Initial Amended Permits issued under this section shall be regarded as
part of, and count one for one against, the 15 Amended Permits under paragraph 3 above.
f. No Amended Permit shall authorize more than two (2) Sign faces.
g.
The Permit Fee and the initial Sign Surcharge payment of $450,000.00
shall be placed in an interest bearing escrow account opened jointly by the City and CBS. One
seventh (1/7) of the escrowed sum of $800,000.00, plus interest, shall be released to the City
upon CBS' receipt of each Initial Amended Permit and the FDOT permit related thereto. If Initial
Amended Permits and related FDOT permits are not received by CBS within five (5) years of the
Effective Date, CBS shall receive a refund of all remaining funds in the subject escrow account.
FTL:2656261:3
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8. Annual Payments to City.
a. Provided that three or more of the Signs authorized by the Initial Amended
Permits have been constructed, commencing on the Effective Date of this Agreement and on the
anniversary date of this Agreement for 24 years thereafter, CBS will pay the City the following
described annual settlement fees:
(i). $150,000 on or before the 30th day following the Effective Date of
this Agreement (Period 1); and then
(ii). $150,000 per year for the next nine (9) years thereafter on the
anniversary of the Effective Date of this Agreement (Period 1I); and then
(iii). $175,000 per year for the next five (5) years thereafter on the
anniversary of the Effective Date of this Agreement (Period III); and then
(iv). $225,000 per year for the final ten (10) years thereafter on the
anniversary of the Effective Date of this Agreement (Period IV).
(v). In the event that CBS is unable to build Signs based on the Initial
Amended Permits, the above described annual settlement fees shall be reduced by 1/7th for each
Sign not built, subject to the following:
[1].
Such reduction shall not occur if the parties are able to
agree to a substitute location for the construction of said Sign; or
[2]. Such reduction shall not occur if the total of all Initial
Amended Permit Signs constructed plus all other Amended Permit Signs constructed equal seven
(7) or more.
CBS shall continue to make payments to the City as set forth above,
provided that at least three of the Signs contemplated by the Initial Amended Permits remains
FTL:2656261:3
Page 16 of 32
erected. If a Sign erected pursuant to an Initial Amended Permit or Amended Permit issued under
paragraph 4 is removed by City or state governmental action prior to the Termination Date,
without CBS receiving just compensation therefor, CBS will be able to relocate such Sign
structure in accordance with paragraph 8(b)(i) below, and no change in the City's Zoning
ordinances shall affect CBS'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 the Termination Date, any CBS Sign for which the City has
issued CBS an Initial Amended Permit is removed as a result of City or state governmental action
without the payment to CBS of just compensation, and the Sign cannot be relocated as provided
herein, the annual settlement fees to the City shall be reduced by 1/7`h for each Initial Amended
Permit Sign so removed. If, prior to the Termination Date, any Sign for which the City has issued
CBS an Amended Permit is removed as a result of non -governmental action, CBS will not be
relieved of its obligation to pay annual settlement fees to the City. In such circumstances,
however, with respect to the Sign structures:
(i). CBS may relocate a Sign to a new location within the same or less
restrictive Zoning District and in a location allowed under this Agreement, 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; and
(ii). The City will continue to receive annual settlement payments for
any such relocated Sign.
FTL2656261:3
Page 17 of 32
c. Annual permit renewal fees shall not be increased until 2008 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.
9. 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 the month following
the Effective Date of this Agreement until all multiple 1-beam support structures have been
replaced. If CBS 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 CBS attesting that the property owner has
refused to consent and that CBS does not have the contractual right to retrofit. CBS shall remove
all Signs over 30 feet in Height not retrofitted within 20 years after the Effective Date of this
Agreement.
10. Over Height 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, CBS may raise their elevation to such
Height necessary to restore visual access so long as any such elevation complies with applicable
FDOT regulations, and provided that the top of the Sign shall under no circumstances exceed 65-
feet above the crown of the adjoining highway.
11. Replacement and Relocation of Signs.
a. In the event it becomes necessary for CBS to replace any C-2 Sign listed
on Exhibit D, the City will authorize CBS to replace such C-2 Sign on the same site or to relocate
FTL:2656261:3
Page 18 of 32
such Sign within an allowed geographical location in the same Zoning District according to
relocation standards which may 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 the
Termination Date. During the term of this Agreement, any City Sign law promulgated prior to
the Termination Date, shall not be applied retroactively to CBS. 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. CBS and the City
acknowledge that CBS 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 CBS expressly waives any such claim. CBS'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.
b. CBS owns a bulletin Sign located at 1200 Biscayne. Boulevard, which has
been removed at the City's request. In replacement for said removed Sign, CBS is entitled to
construct the Signs referenced in Exhibit G-1 hereto. CBS shall not be required to pay any permit
or settlement fees related to said replacement Signs. This relocated Sign shall not be deemed to
be one of the 15 Amended Permit Signs referred to in Paragraph 4 of this Agreement. With
respect to this Sign, and upon receipt of all required City approvals for the relocation of this Sign,
CBS 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(12), 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. Further,
FTL:2656261:3
Page 19 of 32
the removal and relocation of the 1200 Biscayne Boulevard Sign shall not satisfy CBS's obligation
to remove one Rooftop Sign within the first six months of the Effective Date of this Agreement
under paragraph 3(c)(i) above.
12. Public Service Projects.
a. For the next 25 years, CBS will, as space is available, provide outdoor
advertising space to the City within the limits of the City of Miami, and within other major media
markets throughout the United States, with a "minimum retail value" of no less than $50,000 per
year at no cost to the City, for the display of City -prepared and approved advertising materials,
subject to the following:
(i) The City shall be responsible for providing CBS with any Sign copy
the City would like displayed, and will pay the cost of installing Sign copy at the same rate that all
other customers pay.
(ii). CBS's major media markets in the United States are described in
Exhibit K.
(iii). If the City wishes to initiate a campaign, it will so notify CBS of the
"target" market(s) and CBS shall, within ten (10) days, furnish a list of available locations in said
market(s) for the City's review and approval.
(iv). CBS shall be entitled to relocate the City's copy from time to time
(at CBS's expense) as locations are sold to full -paying advertisers. In such event, CBS would
either relocate the City's approved message to an alternate acceptable location; or, if the message
is not time -critical in the sole opinion of the City, remove it until an acceptable alternate becomes
available.
FTL:2656261:3
Page 20 of 32
(v). If the annual $50,000 minimum retail value is not achieved by the
City during a particular year due to the failure of CBS to furnish sufficient locations acceptable to
the City, any unused portion of the annual minimum retail value will roll over to the following
year until used by the City.
(vi). If the annual minimum retail value is not achieved by the City
during a particular year due to the City's failure to furnish its copy in a timely fashion or to timely
select sites, then the unused portion of the annual minimum retail value will not roll over to the
following year, and will be deemed abandoned.
(vii). The Outdoor Rates published by CBS each year shall be utilized for
calculating the retail value received by the City each year.
b. Commencing 120 days following the Effective Date of this Agreement, and
on each anniversary of the Effective Date of this Agreement thereafter, for so long as this
Agreement remains in effect, CBS will annually fund a Neighborhood Enhancement Account
("NEA") in the amounts, and for the purposes, set forth below:
(i). $4,285.72 for each of the Amended Permits, as long as such Sign
Structures remain standing, or a Sign has been erected in a substitute location; and
(ii). The City and CBS 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 CBS may designate. The parties agree that the
NEA funds should be used to assist the community needs of the citizens of Miami. If the City and
CBS are unable to agree upon the recipients by March 31" of each year, the Executive Director of
FTL:2656261:3
Page 21 of 32
the United Way of Miami -Dade shall select the recipients utilizing the criteria set forth in this
paragraph.
13. 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 CBS's Signs, identified in Exhibits B, C & D, 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 CBS's Signs. The documents
vacating and setting aside the enforcement orders and any liens shall be in a recordable form
satisfactory to CBS 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 B, C & D, with each party to bear its own costs and attorneys'
fees. CBS shall take all steps necessary to immediately dismiss with prejudice all court cases and
appeals it has brought against the City with each party to bear its own costs and attorneys' fees,
and the City shall take all steps necessary to immediately dismiss with prejudice all appeals it has
brought against CBS or property owners, with each party to bear its own costs and attorneys'
fees.
14. Property Owners Protected. During the term of this Agreement, so long as CBS
complies with the terms and conditions of this Agreement, the City will take no action to enforce
its Sign ordinances against the owners of the property on which CBS's Signs are located, as to
CBS's Signs. Within 60 days of the Effective Date 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 CBS has been settled. The text of such notice shall be approved by
CB S.
FTL:2656261:3
Page 22 of 32
15. Term and Expiration. This Agreement, and all rights and obligations of the parties
hereunder, shall. terminate and expire twenty-five (25) years after its Effective Date unless
extended by Agreement of the parties.
16. Non -Waiver 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, nor shall it affect CBS's
obligation to comply with applicable structural, electrical and engineering requirements and other
health and safety requirements. If the City determines that any Sign structure has become unsafe
so as to pose a threat of bodily harm to the public, the City shall so notify CBS and CBS shall
immediately correct the problem, and if CBS fails to immediately correct the problem, the City
may take any such enforcement action as allowed by its police powers for the protection of public
safety and health. Any such action by the City shall not be used by CBS as grounds to invalidate
this Agreement. Notwithstanding anything to the contrary in this Agreement, CBS's limited
waiver of its statutory and constitutional rights to receive just compensation upon removal of
certain Signs identified in Exhibits B and C herein is expressly conditioned upon the City's
issuance of the Initial Amended Permits.
b. Except as expressly provided in Paragraph 3 herein, nothing in this
Agreement affects CBS's right, if any, or the City's obligation to pay, if any, just compensation if
the City elects to remove any lawfully erected Sign belonging to CBS.
17. Further Assurances and Cooperation.
FTL:2656261:3
Page 23 of 32
a. The parties recognize that the City may elect to amend the zoning
ordinances and Code of the City of Miami to be consistent with this Agreement. CBS will assist
in this effort as requested by the City. The City agrees to prepare and execute such additional
documents, and to take such other actions as may be necessary to effectuate the purposes of this
Agreement, and CBS will assist in this effort as requested by the City. As long as the City
complies with this Agreement, neither CBS, nor any of its subsidiaries, affiliated corporations or
entities, or parent corporations, or assignees, will sue the City on Sign issues, or provide financial
or in -kind support to others who sue the City regarding the City's Sign regulations. The City will
reasonably cooperate to resolve issues, if any, raised by Miami -Dade County regarding CBS's
Signs and the Amended Permits issued pursuant to this Agreement. The failure of the City to
amend its zoning ordinances and Code as set forth in this paragraph, shall not affect the validity
and enforceability of this Agreement.
b. If within five (5) years of the Effective Date Miami -Dade County (the
"County") initiates code enforcement or other proceedings against CBS or the City to prevent the
construction of a Sign under an Initial Amended Permit or an Amended Permit or to cause the
removal of any expressway Sign owned or operated by CBS (collectively the "County Actions"),
then (for a period of seven (7) years from the date of the first County Action) all payments
subsequently due under this Agreement for the Sign Surcharge (other than the initial $450,000
payment described in Paragraph 7(b) above), shall be paid into a mutually acceptable escrow
account. If the County Actions result in CBS being prevented from constructing a Sign pursuant
to an Initial Amended Permit or Amended Permit or in CBS being forced to remove a Sign
constructed pursuant to an Initial Amended Permit or Amended Permit or in CBS being forced to
remove an expressway Sign listed in Exhibit D, then for each such affected sign there shall be
FTL:2656261:3
Page 24 of 32
disbursed to CBS from the escrow account a sum of $450,000, plus any interest accrued as to
that sum, but no more than currently in the escrow account. All remaining sums in the escrow
account shall be disbursed as follows:
(i) if the City enacts an opt -out ordinance described in Paragraph 17(c)
below, then all sums in the escrow account shall be disbursed to the City immediately upon the
opt -out ordinance becoming effective.
(ii) if the City fails to enact an opt -out ordinance within the above -
described seven (7) year period, then all sums remaining in the escrow account shall be disbursed
to the City at the end of the seven (7) year period (as full consideration from CBS to the City
under this Agreement), and CBS shall not be obligated to make any further payments under this
Agreement (including, but not limited to, the annual payments set forth in Paragraph 8 above),
except for annual permit renewal fees. Further, CBS shall have no further obligation under
Paragraph 12(a) above.
c. Notwithstanding the provisions of Paragraphs 7(b)(ii) and 17(b) above, in
the event that the City enacts an ordinance "opting -out" of the County's Sign code, as allowed by
the County's Sign code, CBS shall pay in full the remaining unpaid portion of the Sign Surcharge
within thirty (30) days of the effective date of the said City ordinance.
18. 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 CBS:
FTL:2656261:3
Mr. Joseph Little
Director, Real Estate Southeast CBS Outdoor, Inc.
6904 Cypress Park Drive
Tampa, FL 33634
Telephone: (813) 888-5541
Fax: (813) 884-3531
Page 25 of 32
with a copy to:
To the City of Miami:
with a copy to:
David Posy, Esq.
Sr. Vice President and General Counsel
CBS Outdoor, Inc.
405 Lexington Avenue
New York, New York 10174
Telephone: (212) 297-6400
Facsimile: (212) 370-1817
Glenn N. Smith, Esq.
Ruden, McClosky, Smith, Schuster & Russell, P.A.
200 East Broward Boulevard
Post Office Box 1900
Fort Lauderdale, FL 33302
Telephone: (954) 527-2466
Facsimile: (954) 333-4066
Pedro G. Hernandez, City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33133
Telephone: (305) 250-5300
Julie O. Bru, Esq.
City Attorney
City of Miami
444 S.W. 2"dAvenue
Suite 945
Miami, Florida 33133
Telephone: (305) 416-1800
Facsimile: (305) 416-1801
19. Miscellaneous.
a. Reserved.
b. Construction and Law Governing. This Agreement was drafted by both
parties, and therefore any ambiguity shall not be construed against either party. In addition, this
Agreement has been executed and delivered in, and shall be interpreted, construed, and enforced
pursuant to and in accordance with, the laws of the State of Florida.
FTL:2656261:3
Page 26 of 32
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. 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. CBS shall
have the right of assignment of rights and obligations under this Agreement. However, no
attempted assignment by CBS will be valid unless: (1) the assignee shall execute an Agreement to
be bound by the terns and conditions of this Agreement and to accept all of the rights and
obligations of CBS under this Agreement; and (2) the assignment is approved in writing by the
City Commission, which approval shall not be unreasonably withheld, delayed or conditioned.
The parties acknowledge that the City Commission shall have the right to reject proposed
assignment if the assignee does not fully adopt the terms of this Agreement. Any such assignment
shall not relieve CBS of its obligations under this Agreement, including, without limitation, the
responsibility of removing four (4) double face C-1 Signs and Sign structures and one (1) single
faced C-1 Sign and Sign structure from those C-1 and Special District Signs listed on Exhibit D
upon the 25th Anniversary of the Effective Date. Notwithstanding the foregoing, no approval by
FTL:2656261:3
Page 27 of 32
the City Commission shall be required for any assignment to any entity controlled, controlling or
under common control with CBS as to the acquirer of substantially all of the assets of CBS in the
City, provided such assignee assumes the obligations of CBS under this Agreement.
attempted assignment in violation of this Section shall be void.
g.
Any
CBS hereby represents and warrants that it: (a) is a corporation in good
standing under the laws of the State of Delaware; (b) is duly authorized to transact 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.
h. Amendments. No change in, or addition to, this Agreement shall be
enforceable unless evidenced by a writing executed by the parties. Any such enforceable
amendment(s) shall become effective on the date stipulated therein.
i. 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 CBS, its agents,
employees, officers, directors, subsidiaries, affiliated corporations or entities, stockholder and
parent corporations from any and all claims, actions, causes of action, damages and costs arising
from violations, alleged or actual, of the City's Sign regulations resulting from Signs listed in
FTL:2656261:3
Page 28 of 32
Exhibits B, B-1, C & D or subject to Initial Amended Permits or Amended Permits being located
on property within the City limits, which have been or might have been, brought as of the
Effective Date of this Agreement. The City does not waive its right to enforce its ordinances
against Signs not Iisted in Exhibits B, B-1, C & D, or against Signs not subject to an Initial
Amended Permit or Amended Permit. In addition, the City does not waive its right to enforce its
ordinances against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an
Initial Amended Permit or Amended Permit if the removal of those Signs is required by this
Agreement. These release provisions shall also operate to release owners of property upon which
CBS's Signs are located, to the same extent CBS is released.
(ii). CBS, for itself, and for the owners of the property where its Signs
are located, and to the extent CBS has been so authorized by said owners, 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, CBS
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 CBS 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.
j. Compliance With Electrical and Structural Codes, Setbacks and
Encroachments Indemnification. CBS acknowledges and agrees that this Agreement does not in
any way alleviate CBS's responsibility to comply with all Technical Regulations in removing,
relocating, maintaining, repairing or in reconfiguring any Sign face or Sign structure, and CBS
shall not be excused from complying with the Technical Regulations, and set back and
FTL:2656261:3
Page 29 of 32
encroachment requirements, in effect at the time a building or electrical permit application filed in
connection with construction or reconstruction of an existing Sign. Additionally, CBS will ensure
that all columns, foundations and overhangs are within the Base Building Line. The City will
issue CBS any permits or authorization that may be required to enable CBS to comply with this
paragraph. Further, CBS will indemnify and hold the City harmless and defend the City from any
injury, or claim of injury, either to person or property, that results from a CBS Sign structure or
associated Sign face.
k. 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
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.
1. Integrated Agreement. Each party's obligations hereunder are dependent
upon performance of the material obligations of the other party.
m. Effective Date. This Agreement 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 CBS (hereinafter
the "Effective Date").
n. reserved.
o. reserved.
p. Percentages. Whenever calculations involving percentages are utilized in
this Agreement, the resulting figure shall be rounded up to the nearest whole number.
FTL:26S6261:3
Page 30 of 32
City Manager
Dated:
Attest:
CITY OF MIAMI
By: By:
Its:
Dated: , 2008.
, 2008.
City Clerk
Dated:
, 2008.
Approval as to form and correctness:
Julie 0. Bru, City Attorney
Dated: , 2008.
FTL:2656261:3
CBS OUTDOOR, INC.
Page 31 of 32
Exhibit List
Exhibit A — Gateways map
Exhibit B — Signs to be Removed in Exchange for Initial Amended Permits
Exhibit B-1 — Signs to be Removed in Exchange for Amended Permits 8-15
Exhibit C — Signs Already Removed or in the Process of being Removed
Exhibit D — Signs to Remain/Managed Locations
Exhibit E — Expressway Segments
Exhibit F — Reserved
Exhibit G — Reserved
Exhibit G-1 — Replacements for 1200 Biscayne Boulevard Sign
Exhibit H — Premises Permit Dated 8/17/95
Exhibit I - Reserved
Exhibit J — Reserved
Exhibit K — CBS' Major U.S. Media Markets
FTL:2656261:3
Page 32 of 32
INCUMBENCY CERTIFICATE
CBS OUTDOOR INC,
I, David Posy, a duly elected Assistant Secretary of CBS OUTDOOR INC., a
Delaware corporation (the "Corporation"), DO HEREBY CERTIFY that the person listed below
is (i) a duly elected (or appointed), qualified and acting officer of the Corporation holding the
office in the Corporation indicated opposite his name, and (ii) duly authorized to execute that
certain Settlement Agreement between the City of Miami, Florida and the Corporation, a copy of
which is attached hereto, on behalf of the Corporation and the signature appearing opposite his
name is his genuine signature:
Name
Raymond Nowak
Office Signature
Executive Vice President, Chief
Financial Officer and Chief'
Administrative Officer
IN WITNESS WHEREOF, I have executed this Certificate on behalf of the Corporation
on this 20th day of May 2008.
Name: David. Posy
Title: Senior Vice sident,
General Counsel and Assistant
Secretary
COUNTY OF NEW YORK )
)ss:
STATE OF NEW YORK )
On the 20th day of May in the year 2008 before me, the undersigned, a notary public in and for
said state, personally appeared David Posy, personally known to me or proved to me on the basis
of satisfactory evidence to be the .individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument, the individual, or the person upon behalf of which the individual acted, executed
the instrument,
>r7
1
NOTARY P
ERR, DAVIS
Notary Public, State of New York
No, 02DA6083590
Qualified in Kings County
!omission Expires No\ ember 18, 2O a
Exhibit List
Exhibit A — Gateways map
Exhibit B — Signs to be Removed in Exchange for Initial Amended Permits
Exhibit B-1 — Signs to be Removed in Exchange for Amended Permits 8-15
Exhibit C — Signs Already Removed or in the Process of being Removed
Exhibit D — Signs to Remain/Managed Locations
Exhibit E — Expressway Segments
Exhibit F — Reserved
Exhibit G — Reserved
Exhibit G-1 Replacements for 1200 Biscayne Boulevard Sign
Exhibit H -- Premises Permit Dated 8/17/95
Exhibit J - Reserved
Exhibit I — Reserved
Exhibit K — CBS' Major U.S. Media Markets
FTL:26562613
Page 32 of 32
EXHIBIT A
GATEWAYS MAP
EXHIBIT B
SIGNS TO BE REMOVED
IN EXCHANGE FOR
INITIAL AMENDED
PERMITS
Exhibit B
Amended
Panel ID
SITE ADDRESS
FOLIO #
- s
LOCATION
*
Faces
Zonin
Structure
Permit
DESCRIPTION
1A
48454B/48455B
3841 Bird Rd.
01-4117 003-1190
NS Bird Rd., 50` w/o SW
38 Ave.
2
C-2
monopole
16
48573B
1661 W. Flagler St. (12X20)
01-4102-006-0280
ES NW 17 Ave., 200' nfo
Flagler St.
1
C-1
monopole
2A
10356E/W
3851 Bird Rd.
01-4117-003-1170
NS Bird Rd_,1000` wfo
Douglas Rd.
2
C-2
monopole
2B
360157/360156
10 NE 29 St. (14X48)
01-3125-004-0150
SS NE 29 St, e!o N.
Miami Ave.
2
C-2
monde
3A
M60084/M60085
3750 Bird Rd. 1
01-4117-003-1770
SS Bird Rd., at 37 Ave.
2
C-2
monopole
38
360184/360185
3201 NW 36 SL {14X48)
01-3121-014-0010
WS NW 32 Ave.,100' n!o
NW 36 St.
2
C-2
monopole
4A
M60092/M60093
3800 Bird Rd. I
01-4117-003-1860
SS Bird Rd., at 38th Ave.
2
C-2
monopole
4B
48453B
102 NW 27 Ave. (14?X48)
01-4104-021-0120
WS NW 27 Ave., 800' n/o
Flagler St.
1
C-1
I -Beam
l
5A
5030B
i
2615 W. Flagler St.
01-4103-033-3230
NS Flagler St., 50' eft}
NW 27 Ave_
1
C-1
Roof
58
48462B/48463B
19 21 NW S. River Dr.
(105-109 S. River Dr.)
01-0201-000-1230
NS Hagler St_, 600' w/o I-
95
2
C-1
Monopole
6A
48572B
1161-71 Hagler St.
(1199 W. Ragler) (12X20)
01-4102 005-2660
ES NW 12 Ave., 200' n/o
Flagler St.
1
C-4
Monopole
Monopole
6B
360155/360156
3445 NW 27 Ave. (14X48)
01-3127-001-0900
ES NW 27 Ave., 20' s/o
NW 35 St.
2
C-2
7A
360161/360162
701 NW 12 Ave. (14X48)
01-3135-034-0020
ES NW 12 Ave., n/o NW'
7 St.
2
C-2
Monopole
7B
360213
1600 NW 20 St. (14X48)
` 01-3135-005-1830
SS MN 20 St, 200' wlo
_NW 15 Ave.
2
C-2
Monopole
EXHIBIT B-1
SIGNS TO BE REMOVED
IN EXCHANGE FOR
AMENDED PERMITS
8-15
Exhibit B-1
Order of
Removal
Address
Folio
Location Description
Faces
Zoning
1A
48449B
15 SW 17 Ave_
01-4102-006-1220
NS SW 1 St., 75e/o SW 17 Ave.
1
C-1
Monopole
1B
360153/360154
2925 NW 36 St
01-3121-000-1421
NS NW 36 St, 151eto NW 29 Gt.
2
C-2
Monopole
1-Beam
1C
5065B
420 NE 79 ST
01-3207-000-0470
SS NW 79 St, .2 m wto Biscayne
1
C-1
2A
360127/360128
220 SW 6th St
01-0204-000-1010
SS SW 6th 60 ft w 2' Av
2
1-2
Monopole
2B
10755E/W
2479 NW 36 St.
01-3122-038-0120
NS NW 36 St, 20' w/o NW 24 Ave.
2
C-2
Monopole
3A
360129/360130
2280 NW 20 St.
01-3134-028-0010
SS NW 20 St., 20' w/o NW 22 Ct,
2
C-2
Monopole
3B
360209/360210
3275 NW 36 St.
01-3121-014-0110
NS NW 36 St, 150' wio NW 32 Ave.
2
C-2
Monopole
Monopole
1-Beam
4A
48456B
(3620 NW 7 St) (needs
another SF to match to
this)
01-4104-023-1390
SS NW 7 St., 250' e/o NW 37 Ave.
1
C-1
4B
4872613/48727B
490 NW 79 St
01-3112-016-0010
SS NW 79 St., 150' etc) NW 5 Ave.
2
C-2
5A
48626B/48627B
100 SW 17 Ave,
01-4103-014-0360
WS SW 17 Ave., 50' s/o 1 St.
2
SD-14
I -Beam
58
48598B/485998
47 NW 79 St
01-3112- 0-0014
NS NW 79 St, 500' w/o Miami Ave_
2
C-2
1-Beam
299-301 SW 17th Rd
01-4138-002-0020
WS 1-95 at SW 17th Rd
1
C-1
EXHIBIT C
SIGNS ALREADY
REMOVED OR IN THE
PROCESS OF BEING
REMOVEP
Exhibit
Sites Previously Removed
FOLIO #1:
LOCATION DESCRIPTION
Faces
T,4•e
Bulletin
10028N/S
1490 LeJeune Rd.
01-3132-014-0330
WS LeJeune Rd., 700' n/o SR-836
2
10029N/S
1771 NW 42 Ct.
(1790 NW 42 Ave.)
01-3132-014-0180
WS LeJeune Rd., at 18th St.
2
Bulletin
10030N
1988 NW 42 Ave.
01-3132-024-0010
WS LeJeune Rd., 300' s/o Mia Exit
1
Bulletin
10031 N/S
1988 NW 42 Ave.
01-3132-024-0010
WS LeJeune Rd., 100' s/o Mia Exit
2
Bulletin
48571 B
2810 W. Hagler St.
01-4103-040-0260
SS Flagler St., 50' e%o SW 28th Ave.
i
Bulletin
48792B/48793B
1350 NW 42 Ave.
01-3132-007-0010
NS SR-836, 50' w/o LeJeune Rd.
2
Bulletin
48817B
1400 NW 42 Ave.
01-3121-014-0380
WS LeJeune Rd 100' n NW 14th St. 1 _
Bulletin
48824B
2209 SW 37 Ave.
(3680 SW 22 St)
01-4116-009-2440
SS Coral Way, 50' etc Douglas Rd.
1
Bulletin
49108B-49113B
1800 NW 42 Ave. -.
01-3132-014-1080
WS LeJeune Rd., 15' n/o NW 18th St 2
Bulletin
M60094/M60095
602-08 NW 57 Ave.
01-4001-003-3041
WS 57 Ave., .5 m s/o SR-836
2
Bulletin
485708
3411 NW 7 St.
01-3133-030-0170
NS NW 7 St., 50' w/o NW 34 Ave.
1
Bulletin
485768
503 SW 17 Ave.
01-4102-013-0170
ES SW 17 Ave., 50' n/o SW 5 St.
1
Bulletin
4705E
1200 Biscayne Blvd.
01-3231-023-0020
WS Biscayne, 100' s/o Venetian
Cswy.
1
Root.- -.
EXHIBIT D
SIGNS TO
REMAIN/MANAGED
LOCATIONS
Exhibit ID
SITE ADDRESS
FOLIO #
LOCATION DESCRIPTION
ZoningStructure
Legal Status
(Existing Inventory
after Settlement)
7397SW 8 ST.
01-4002-003-2450
NS US-41, .5 m e/o SR-826
C-1
Legal
Rpof
1716 NW 27 Ave.
01-3133-008-0200
WS NW 27 Ave., 50' n/o NW 17th St
C-1
Legal
I -Beam
420 NE 79 ST _
01-3207-000-0470
SS NW 79 St., .2 m w/o Biscayne
C-1
Legal
I -Beam
2479 NW 36 St.
013122-038-0120
NS NW 36 St, 20' w/o NW 24 Ave.
C-2
Legal
Monopole
2280 NW 20 St.
01-3134-028-0010
SS NW 20 St., 20'w/o NW 22 Ct.
C-2
Legal
Monopole _
Monopole
3275 NW 36 St.
01-3121-014-0110
NS NW 36 St, 150' w/o NW 32 Ave.
C-2
Legal
915 SW 27 Ave_
(2626 SW 9 St.)
01-4110-009-0180
ES SW 27 Ave_, 1000' s/o SW 8 St
C-i
Legal
Monopole
Monopole
(3620 NW 7 St)
01-4104-023-1390
SS NW 7 St, 250' e%o. NW 37 Ave.
C-1
Legal
3522-24-26-28 W.
Flagler St.
01-4104-022-0210
SS Flaglers St., .3 m e/o Douglas
Rd.
C-1
Legal
1-Beam
5741 W. Hagler St.
01-4001-003-3540
NS Flagler St., 200' w/o Red Rd.
C-1
Legal
Monopole
1-Beam
47 NW 79 St.
01-3112-000-0014
NS NW 79 St., 500' w/o Miami Ave.
C-2
Legal
100 SW 17 Ave.
01-4103-014-0360
WS SW 17 Ave., 50' sic 1 St.
SD-14
Legal
I -Beam
2610 S. Dixie Hwy.
(2666 SW 27 Lane)
01-4115-041-0570
ES US-1, at SW 27 Ave.
C-1
Legal
I -Beam
490 NW 79 St.
01-3112-016-0010
SS NW 79 St., 150' do NW 5 Ave.
C-2
Legal
1-Beam
219-23 NW 27 Ave.
01-4103-033-2990
ES NW 27 Ave., .2 m n/o Flagler St.
C-1
Legal
Monopole
3725 NW 27 Ave.
01-3122-050-0130
ES 27 Ave., s/o SR-112
C-2
Legal
Monopole
223 NW 36 St
01-3124-002-1770
SS 1-195, .5 m wto Biscayne B.
C-2
Legal
Monopole
Monopole
Monopole
Monopole
2925 NW 36 St.
01-3121-000-1421
NS NW 36 St, 15' e/o NW 29 Ct.
C-2
Legal
15 SW 17 Ave.
01-4102-006-1220
NS SW 1 St., 75' e/o SW 17 Ave.
C-1
I psal
220 SW 6t St
01-0204-000-1010
SS SW 6th 60 ft w 2 Av
1-2
Legal
2925 NW 36 St.
01-3121-000-1421
NS NW 36 St., 15' etc NW 29 Ct.
C-2
Legal
Monopole
1-Beam
420 NE 79 ST
01-3207-000-0470
SS NW 79 St, .2 rn w/o Biscayne
C-1
Legal
2479 NW 36 St.
01-3122-038-0120
NS NW 36 St, 20' w/o NW 24 Ave.
C-2
Legal
Monopole
Monopole
Monopole
Monopole
1-Beam
2280 NW 20 St
01-3134-028-0010
SS NW 20 St., 20' w/o NW 22 Ct.
C-2
Legal
3275 NW 36 St.
01-3121-014-0110
NS NW 36 St., 150' w/o NW 32 Ave.
C-2
Legal
(3620 NW 7 St)
01-4104-023-1390
.. SS NW 7 St., 250° e%o NW 37 Ave.
C-1
legal
490 NW 79 St.
01-3112-016-0010
SS NW 79 St., 150' e/o NW 5 Ave.
C-2
Legal
100 SW 17 Ave.
01-4103-014-0360
WS SW 17 Ave., 50' s/o 1 St.
SD-14
Legal
1-Beam
47 NW 79 St.
01-3112 000-0014 .
NS NW 79 St., 500' w/o Miami Ave.
C-2
Legal
I -Beam
1716 NW 27 Ave.
01-3133-008-0200
I WS NW 27 Ave., 50' it/o NW 17th St.
C-1
Legal
I -Beam
Exhibit D
Manazed.Locations
48648B/48649B
3701 N. Miami Ave.
01-3124-026-0070
SS 1-195, .5 m vino Biscayne B.
(S. Boozer)
C-1
Legal
i-Beam
48650B/48651 B
3801 N. Miami Ave.
01-3124-026-0180
NS 1-195, .5 m Brio Biscayne B.
(S. Boozer)
C-1
Legal
I -Beam
48652B/48653B
570 NW 71 St.
01-3113-024-0560
WS 1-95, .1 m rafo NW 69 St.
.(B. Soazer)
C-1
Legal
Monopole
486548/48655B
575 NW 62 St.
(587 NW 62 st.)
01-3113-025-0590
WS 1-95, 50' n/o NW 62 St. (B.
Boozer)
C-1
Legal
Monopole
I 486738
170 NE 38 St.
01-3124-022-0120
NS 1-195, .25 w/o Biscayne
Blvd. (S. Booze)
C-1
Legal
I -Beam
M60109/M60110
7527-7531 NW 6th Ct
01-3112-028-0090
WS 1-95 at 79th St (Hancock)
C-2
Legal
Monopole
37001E
1085 NE 79th ST
01-3207-016-2930
NS NE 79th ST 2.110 E 1-95
(Titan Sign)
C-1
Legal
I -Beam
37008N/S
4640 NW 17th Ave ..
01-3122-014-0090
WS NW 17th Ave at 46th St
(Mumford) . _
C-2
Legal
Monopole
37009NFS
1715 NW 50th St
01-3122-052-4521
WS NW 17th Ave at NW 50th
..ST (Mumford)
' C-2
Legal
Monopole
1-Beam
60113/60114 S. Dixie Hwy.
01-4120-033-0010
ES US-1, at Douglas Rd.
(Douglas)
C-1
Legal
\_3700
CA179 299-301 SW 17 Rd
01-4138-002-0020
WS 1-95 at SW 17th Rd
C-1
Legal
Wall
,
EXHIBIT E
EXPRESSWAY SEGMENTS
'EXHIBIT E
Amended Permit Sites (8 through 15) are limited to the following areas:
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 I-95
3. West and East side of 1,.95 between S,W. 1st Avenue and N.W. 81st Street, but
excluding Biscayne Boulevard
4. North and South side of 1.195 West of Biscayne Boulevard
5. North and South side of I-395 West of Biscayne Boulevard
FTL;2662433:1
2662433,r 1,DOC
EXHIBIT F
RESERVED
EXHIBIT G
RESERVED
EXHIBIT G-1
REPLACEMENTS FOR
1200 BISCAYNE
BOULEVARD SIGN
Exhibit G-1
LESSOR
SITE
ADDRESS
FOLIO # ,
SIGN TYPE
# FACES
Legal Staus
8A
Little River Quite
755 NE79' Street
01-3207-017-0260
Surface
2
Legal
8B
Daniels'
; 5431 NE 2'd Avenue
01-3218-027-190
z Surface
2
Legal
This sign maybe built up to 40 feet to provide visibility.
' This sign may be built up to 40 feet to provide visibility.
EXHIBIT H
PREMISES PERMIT
DATED 8/17/95
l£•ZO,iss.uiui)N011 1nQ 986££92999:0IS0!991t:SINQa9f692Muud:4IASvIaull84414lilYGAON 94N�Yd
, EXEIBIT g ,,
oef12/113 10“1 gips Aso J4111 , _wtIsT rots
Mt/ u MtNH
0wlrllnr and ZonInt ONE
2 $H.w,2se.
P.O. l01170104
Miami, Nafid, 31113•Md
,i. pDSAR[O WaiEtlY Q1601.'00.1
FOR OFFICE MEOW( < 'k tt' S7'0' 14 :6
PERMIT
PAi MJ5E PJRMIT DATE 15SUE - PInESr�L—t�, .,;C-,
APPLICATION
NAME OF OROANIZATro 2,1 Rawl Jsdv■ =` , «.. —� . «,..
Bu$U SSApf)RES$ p. s7th L a. reaiNISO ucarair'
LC/CAT1OM OF PRE MISF-S (LIST ONLY ONE PREMISE ON MO APPLICATION)
* l7 7+iuS1645"4 xs""At4.1116'14urIPw00.xxT,ari�R.�..
'NUMBER Of 8U1l LMO ON SttWI:CT pRENAM . 37 rncarr@enchk0 ao t
MAINTENANCei tiTAPF PERMANENTLY AssitiNI:A TO sufy>:CT PREMISES
Norategtptelntalanco iiR, itltlwllna ell tortifiedpo►nannrl and Including oppr"Nc+e, hoJper>f,traTrtrs*. ere 1Wiprt•d
Ar the prriod rrtrrnpaaerwt by OM pttnlf.
,,., •'• '-wig• a Sudglrted Enplrymewr (at
, pYl+ni! Ysih11
r� DWI Mt, niNiq,;F. i o f r . 30 bexi.l w ....�...,.
Ptwlblap Mei+renppce M.* 0 .�
ElNchigol Norsltnonc. Men a,
Mncllinlcal'dWirdeaansoMrn , + 3 .+.
Haw MANY OF THE ABOVE HOLD CERTIFICATES OF ELI=i .rTT OR CONPE TE'NCY AS A MASTER. ,tUtIRNE'YMAN,
MAINTlfW CE MAN, OR CERTIFICATE OF ELIOIl1ILITY AS A fl J ERa'
(Uac vM'rlonrt ebser fl,aecyseayl .
Hoot C•rrlflralR Car ',gory
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•
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7oN xa
CurflCtar>, Number
. -.
•
1 -I 11 03`1H141 I WS : °WO'c.14
iC•M(ss•tval) NOIdeQ 198lZ1 6:g15D � 990:SlNQt 9141311id: is Y 11UJlJ P1OPUM We al INV : t:1i 800i1621Y f a
f b 113�11d
eartlft° up. epptevat aI tilt appii.oc n and paym.nt mi th. *naval Prenlie Pettalt Pr (SO for WO/
maiata,anaa-adds he)ptr a •t F+ehTles afdpn.d to awlateaante costa of tuhlta) ritatiees 1lrtm wt r•vM4r stole ar i'MV,,Yer
wM4fttwrtr is,larger), ray eryanisailto wilt;amply with e1l:requlr«nont► of boob fl.tlda Sullt&Iny Coda tad other tfpPil.
cdplt 0,4%40160, vid 1 und.rstoaa riot any fats at atiateaditw tt.tntntoa or Ow saitatTtted 4p itte appllcA►iatt af tMm
eohpAanvo of l'teraite Pamir Peavlslons ar other appttaella wdida an w111 rrNit ib Iaweillrl, a.stcopmian 6f rho PPP
wise Polls end Pn rife avant of wait csosoltot)+nt, ma ►etiien of the Ns Milt be •.fvndxd• Fi4 rAoil a ^wq' this op.
pitrafam.
Uualifiad_Applie nt %now. . E'
ate; i , 74r . �""'Vr�"'`•^.'r.
t d4 amity liar 1 here rtei the.fertrAlo ;Oitruerirone and I** MM. of sv reiPanelbillrs oAd (01{lty urt4gr tM 4104
001,6 or • pttwlte permit wad thatinfarmorion oantelael in this eppllcerton fs moo earl semrat.
DAT
Swont ea sail Sab+wtttb.d befara ma of 1swor4: 1$1 4
/
)01.. 4!:c,01e
r
r,plRO TO FOR PP.MfSE f ERIIT fN FOI-LaWJNG 14.04TEN NCE TRAI $ A5 CHEactP.
1)I>M Dt1 �►a, P1.11MBING [ j ELECTRICAL/4 ldSCttANICAM j]
APPLICATION DISAPPROVED FOR FOLLOWING REAS ,
J .•s• .•'f
r
—w d .- ..
•
F4.44.-. v.. 44.E 4..4....ww410400 ....4..4aa
�� l�rs:f�t sees za •q�,�
.17
�-- Tim air.,
13 as1
ti
Zti0:ss'ulw)NOIfvan, 981CC91f96:01$ 199Li'SINO191183M11d,a4II8 11Pip341119 314Vtlit:It:06KR111YOARN191E39Yd
PREMISE PERMIT WORK LOG
DE5CHIPTION DF P i0Pl.EM; . St1f t14 DE$C8FTIoN Ol: WDfl1( V1'119SY
folian o M tj WQ1'k__-_ - ..,,
No. Waft W. t,140daa Lowsip Drealptlon
Date ' LAaia Ni.
Pc1rdlF01
rb.
Csocist,
No.
1. 48454/5E8 NORTH SIRE OF 5040 Oa, SO' WM' OF
SW 31 AVE.
497
•
047056 WbsT I71ok OF 61sCAYNg p1.1/D.. 1OW
SD4>7 H OI Vial u AY
aI
403
821
_
Ell050658 NORTHEAST COMP 4F NE 7;'St. fi
cr'., ' io EASY
4882413 , SOUTH S+pWOF.CORAL WAY. 5O'EAST
OF OOuGtAS SWAP _
484621 oFrion4 slp1 OFFLAGL. R. 000' wtS '
840
050309 NpATH tiD5 OF PLAG1-EI1. 50' Mt OF
NW 47 AVENUE
4S3
48848/49B SC17171 SIDE OF 1.1l5, .5 MIMS WEST
OF 0IGCAYNE 14I,vo
9137
40650/51H NORTH Sine Oft k18S,.'5 r49.55WORT
OF BISCAYNE 9t.Vp. .�
507
486738 NORTH SIDE 13F F195, .25 toss WEST
OF otscATN4 BLVp.
HOC
10, , 486520 wEST'Sfot of 145, A MILE NORTH OF
NW 09 ST.'
480
..„.
11. . 486539 WEST SIt3E OF 1.96..1 MU NORTH OF
481
12, 48654/559 ma SIDE OF F95, 50' NORTH OF WW
E2 VA •
462
13, 4881713 WEST SIpE OF 11,48110. IOW NORTH OF
NW 14 s1.
48$
___.,-
14. . - .491089/ WEST star OF MUNE, 1S' NORTH OF
'1•, . 491138 NW 1 S St'
489
15. 4859313 MST 5IPE OF MIAMI AVE AT RR 14
sy,
$41
18, : 488499 FM sfPE OF NE 1 AVE, SO' NORTH OF
527
17. 04787/888 WEs7 SOO OF NW 27, 60' NORTH 4a
NW 17ST,
411
18, 484530 WEST Wog OF NW 27, 800' Nam Of
W ST F1.AGI.ER_
584
,
18, 047048 NORTH BIDE OF Nw 38, lore EAST OF
F4S
533
20. 484568 scum Lime OF NW 7 ST. 250' EAST '
OFNW37AVE
498
21. 40023/240 N00711 s1DE OF NW 7 V. 100' WEST
• pF NW 77 .AVE
418
22. 413780/078 NORTH 516E OF NW 20 ST. 500' FAST
OF NW 17 AVE
427
d WdcS.Oy 19 'q;—j 98 2 St.1rS6 'ON X
LIA
lel-+ '8 o1at.rwS ; wOau
lt./04ss'11)4 NOI1y1fl ; 981CCS/K8:0150 199t :SING a 911 g2k111tP lAS I[WII pfiput1S ua91s9 µ it:Zt:018001111/ 1Y Oa Y 0 90141
43776/775
EAST s1pE o tNW 77 AVE, .2 MR.J s
rin'm OF'WEST Fl.AGLEA
..�
24. 45598/S95
o M Slog OHM 79 sr, 500'
417
26. 48726/270 SCarni SPE OF 14W 79 ST, 1 SOt MI
432
26. 4E792/336 Nonni slog of SA P314, 941. %Jul of
4114
27, 4844g8 NORTHE OF SW 7 STREET. 75'
EAST OF SW 17 Avg
537
484526 FAST S10>r OF SW 27, Kay Saint; OF
sw a sr.
496
.
48626/270
30. 45571/72D .
OF
Wt T WI CF sw 17 Avg. s0•,SOUTN
or
503
WEST StDWEST SIOE or.5w27 AVE, 50'SOUTH
F A LER
51L1
"'
.
31. 46644/465 FAST
04505/ NaR+Th
04711 of
stOE u5..1 AT sW 27 AVE
545
5WE' co` us-41, .2 MItE.EAST
sh 82E
490
o605irp
oN norIVO no. OF U5. 4, .3 mu way
II
4s4
484.57/555 sCtrry SIDE of w. OTA A. ,3 MOS
EA67 VF DOUCLAS SAD
498
•
35, 43459/sou N4mtt Sri or W. FMGU % 49o•
WEST OF RED DAD
S8E
36. 4E6E68 FAST SIDE OF 2. An AT s1 ST.
538
.
37. 48121/226 WEST slt>E OF Y2 AVE. IOW £OhTH or
SW 7 SME1T
543
b'd wiles taT BOQc, TO 'cra.d
144
9gT£E5Lt 6 t '0N X04
1 C `H#trws : WOJ4
EXHIBIT I
RESERVED
EXHIBIT J
RESERVED
EXHIBIT K
CBS' MAJOR U.S.
MEDIA MARKETS
Atlanta, GA
Berkley, CA
Chicago, IL
Columbus, OH
Columbus, GA
Dallas/Ft, Worth, TX
Denver, CO
Detroit, MI
Flint, MI
Grand Rapids, MI
Houston, TX
Jacksonville, FL
Kansas City, MO
Los Angeles, CA
FTL 2660203:1
EXHIBIT K
Louisville, KY
Memphis, TN
Minneapolis- St. Paul, MN
Nashville, TN
New Orleans, LA
New York, NY
Northern New Jersey, NJ
Orlando, FL
Phoenix, AZ
Sacramento, CA
San Diego, CA
San Francisco, CA
San Juan, PR
St. Louis, MO
Tampa, FL