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Home My WebLink AboutAppeal DocumentsNovember 22, 2019 SENT VIA -EMAIL Olga Zamora Hearing Boards Division Chief City of Miami Planning Department 444 SW 2" d Avenue, 3`d Floor Miami, Florida 33130 2600 S. Douglas Road, Suite 305 Coral Gables, FL 33134 (305) 215-2264 RFernandez@rhflawfirm.com FILL Re: Appeal of Mural Permit Transfer - Permit 19-0012 to east wall of 78 NW 37 ST Dear Ms. Zamora: This firm represents Becker Boards Miami, LLC ("Becker Boards"), a privately held outdoor advertising company and Qualified Applicant under the City of Miami's mural program. On June 18, 2019, the City Manager's Designee in the Office of Zoning approved NTWW, LLC's application to transfer .outdoor advertising Mural Permit 19-0012 to the east wall of 78 NW 37 ST (the "Approval"). Pursuant to Section 62-616 of the City of Miami Code of Ordinances, and other applicable regulations, Becker Boards hereby appeals the Approval for reasons including, but not limited to, the following: 1. Section 62-606(3) of the City Code of Ordinances and The Federal Highway Beautification Act, 23 U.S.C. Sect 131, et seq, and the Tri-Party Agreement between the City, the State of Florida Department of Transportation, and the Federal Highway Administration, require that murals be spaced 300' feet from one another, as further defined in applicable regulations, agreements, and interpretations. 2. The Approval is based upon one or more special purpose mural distance spacing surveys which materially omit a previously existing and legally permitted mural permit within 300' next door. The surveys underlying the Approval are attached as "Exhibit A." Specifically, the surveys underlying the Approval fail to show Becker Boards mural permit 18-0041 located at 70 NW 37 ST next door, which was approved on August 8, 2018— approximately 10 months prior to the Approval. A revised survey showing both murals within context of one another (and within 300' of one another) is attached as "Exhibit B." 1 REIR6 2600 S. Douglas Road, Suite 305 Coral Gables, FL 33134 (305) 215-2264 RFernandez@rhflawfirm.com 3. Miami -Dade County signed off on the Approval in reliance on the materially false survey. Had it known of the Becker Boards permit next door, it could have properly considered the application for the Approval on the merits, and objected based upon applicable mural spacing standards. 4. The Florida Department of Transportation ("FDOT") has objected to the Approval, and has requested that the City take corrective action. It appears that FDOT had not received the August 8, 2018 approval for the Becker Boards permit at 70 NW 37 ST until it had already issued the Approval for the permit at 78 NW 37 ST, which is now on appeal. Upon receiving both approvals from the City, FDOT objected to the Approval on the basis that the that the two permits are improperly located within 300' of one another. Correspondence from FDOT to the City objecting to the Approval is attached as "Exhibit C". 5. Until this issue is resolved, Becker Boards cannot pursue its own mural project at 70 NW 37 ST. Over the past 5+ months since the Approval was issued, Becker Boards has consistently and thoroughly expressed its concerns regarding the Approval to City Staff, and requested that Staff take corrective action or at least provide an explanation (i.e. a written statement clarifying and explaining its interpretation of relevant mural spacing standards). As referenced above, FDOT has also expressed concerns, and requested that the City take corrective action. A brief summary of outreach conducted by Becker Boards, and known outreach conducted by FDOT, is as follows: • June 18, 2019 — The Office of Zoning issues the Approval and Becker Boards immediately expresses written concern that the Approval violates applicable mural spacing standards. • JuIy 17, 2019 — Counsel for Becker Boards transmits a letter to the City Manager, copying the City Attorney, reiterating and expanding upon Becker Boards' concerns regarding the Approval, also requesting a response from the City. See attached "Exhibit D." • August 13, 2019 — FDOT informs the Office of Zoning that it takes exception with the Approval on the basis that Approval is for a mural permit location fewer than 300' from the Becker Boards mural, which was previously approved at 70 NW 37 ST next door. FDOT also requests that the City provide FDOT "within 14 days a proposed resolution to this issue." See attached "Exhibit C." 2 RHFIkUN 2600 S. Douglas Road, Suite 305 Coral Gables, FL 33134 (305) 215-2264 RFernandez@rhflawfirm.com • August 13, 2019 — The Office of Zoning informs Becker Boards that it is "in receipt of the FDOT opinion and will keep [Becker Boards] informed on any action taken." See "Exhibit E." • September 4, 2019 -- Becker Boards meets with multiple representatives from the City Attorney's Office, City Manager's Office, and Office of Zoning, to discuss its concerns with the Approval, and is informed by the City Attorney that the City is looking into the issues raised, and will get back to Becker Boards. • September 16, 2019 — Office of Zoning calls FDOT to inform FDOT that "the two parties are currently in litigation with one another," that "the City of Miami was working ... with both parties to resolve the issue," and FDOT asks the Office of Zoning to contact FDOT weekly to provide un update, until the issue has been resolved. See "Exhibit F. • October 8, 2019 — Counsel for Becker Boards transmits a letter to the City Manager and City Attorney clarifying that Becker Boards is not involved in litigation with NTWW, LLC (the mural company to whom the Approval was issued), and is not engaged in any settlement discussions affecting the Approval. The letter also reiterates Becker Boards' concerns regarding the Approval, and requests an update from the City concerning the Approval. See "Exhibit G." Notwithstanding the above -described efforts by Becker Boards to resolve this matter at the administrative level, Becker Boards has yet to receive any formal written response from the City. To Becker Boards' knowledge, neither has FDOT. In the meantime, advertisements have remained posted at the 78 NW 37 ST property pursuant to the Approval. As described in the attached correspondence, the Approval improperly restrains Becker Boards' ability to pursue its own mural project at 70 NW 37 ST next door. Therefore, Becker Boards is appealing the Approval. Respectfully Submitted, Robert H Ferntndez, Esq. 3 RHFIHM 2600 S. Douglas Road, Suite 305 Coral Gables, FL 33134 (305) 215-2264 RFernandez@rhflawfirm.com cc. Emilio T. Gonzalez, City Manager Nzeribe Ihekwaba, Assistant City Manager Victoria Mendez, City Attorney Daniel Goldberg, Assistant City Attorney Joseph Ruiz, Zoning Administrator Julia Cerrato, Office of Zoning Kenneth Pye, Florida Department of Transportation James Byers, Miami -Dade County Wesley Hevia, Alterman LLP Jose F. Diaz, Ballard Partners 4 Exhibit A 300 LINEAR FEE NW 36th STREET SPECIAL PU IMPOSE SU R\/EY NW 38th STREET -LOT ( — w w ICO II II 36th-STREET-CAUSEWAY - I I(JULIA TUTTLE CAUSEWAY—I-195) I I I LL -1 a II- 300 LINEAFhFEE - --_— JJ W 1 L( I_ Z -- I --I— -A1 EXISTING MURAL -- I LT -r---T---I--- --T-- ---i -- + ¢, {__t __I-i i r- coI ,r, I Ip 91 LOT2 �I L l�- o f 1 o l 0 1 0 1® I S I o Im 11-- I I QI 1 1 1 1 LOT1 _ 1 �I Ij iLOT12 1 I I___i_ __ 1 1 L I I- -- I- I-_��- -I —1 a-- 1---1_�-I------_�-�W ZI 1 _ I--l_ _ I _ r — 1. I -- .� ----1. — �- T.- — ILLg 1 I I 1 I I 1 0o I $ I N I I LOT 24 IZ : LOT 13 —11 9 1 9 I =-, 1I o I® I o 1 9 F— LOT 23 $ \ I l LOT 14 i 1 I 9 1 I 1 I I — /" 11 1 1 I 1 —- — NW 36th STREET— — 7 —I r — — SURVEYOR'S NOTES: — This site lies in Section 24, Township 51 South, Range 41 East, City of Miami, Miami —Dade County, Florida — The roadway pavement and building location is graphically shown and has not been field located. — This is not a "Boundary Survey" but only a graphic depiction of the proposed Mural location shown hereon. — This map is intended to be displayed at the graphic scale shown hereon or smaller. — Murals as defined in the City of Miami Ordinance: A Mural is a painting or artistic work (including collage effects) composed of pictures or arrangements of color which has a limited commercial sponsorship message, advertises a commercial product and which is mode directly onto, projected onto or attached to a building or a wall. — Proposed Mural on location of building wasprovided by client. — Artistic Murals appear to have no commercial product message and were not reflected on survey. — There are no commercial murals within 30U feet from the proposed site. — Miami —Dade County property appraisers web site, Folio: 01-3124-021-1720 GRAPHIC SCALE 40 80 110 ( IN FEET ) 1 inch = Bo ft. LEGEND OMITS OF BUILDING AT GROUND LEVEL SITE'S PROPOSED MURAL FACE OF EXISTING MURAL, BILLBOARDS & SIGNS -SURVEYOR'S CERTIFICATION: (I hereby certify" that this "Special Purpose Survey was made under my responsible charge on June 17, 2019, 1 and meets the Minimum Technical Standards as set forth in the applicable codes in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Licensed Surveyor and Mapper' FORTIN, LEAVY, SKILES, INC., LB3653 By: Daniel C. Fortin Jr., For The Firm Surveyor andMapper, LS6435 State of Florida. 1 b9A.a 9 gado two w Bl4 080. 19: No 4rt. aossr _.1016 1U v IL 300 LINEAR FEET 300 LINEAR FE NW 36th STREET SPECIAL NW 38th STREET II I I I 1 I I — I-1 I I I- - PURPOSE EAR FEET -- 300 LINEAR"FEET�_.._ r T -1 LOT11: i-- i-_I- 0 �I Il i I �I 0 1 I l I `% LOT 12 L o� I L 1 —I — - — -t- - —I 36th-STREETMUSEWAY _ (JULIA TUTTLE CAUSEWAY 1-195) -SIRT EXISTING MURAL_ 0 1 9 1 9 a 1___L__1 -r r -T I I co cr, LOT 13 I i- 1-- co I = 1 f- o o -I o o I§, I g LOT14 I 1 1 1 I I I I I I \-----1---1--J---L---1---J---L---1 NW 36th STREET u- Q z #3650" — — I LOT2 I- - LOT 1 SURVEYOR'S NOTES: This site lies in Section 6 and 7, Township 54 South, Range 42 East, City of Miami, Miami —Dade County, Florida The roadway pavement and building location is graphically shown and has not been field located. This is not o "Boundary Survey" but only o graphic depiction of the proposed Mural location shown hereon. This map is intended to be displayed at the graphic scale shown hereon or smaller. Murals as defined in the City of Miami Ordinance: A Mural is a painting or artistic work (including collage effects) composed of pictures or arrangements of color which has a limited commercial sponsorship message, advertises a commercial product and which is made directly onto, projected onto or attached to a building or a wall. Proposed Mural on location of building wasprovided by client. Artistic Murals appear to have no commercial product message and were not reflected on survey. There are no commercial murals within 300 feet from the proposed site. Miami —Dade County property appraisers web site, Folio: 01-3124-021-1720 J O LOT 24 l� LOT 23 8 ILLLJ ' 12 0 GRAPHIC SCALE 40 00 160 ( IN FEET ) 1 inch a 60 ft. LEGEND LIMITS OF BUILDING AT GROUND LEVEL SITE'S PROPOSED MURAL FACE OF EXISTING MURAL BILLBOARDS & SIGNS CERTIFICATION: I hereby certify' that this "Special Purpose Surveywas mode under my responsible charge on April 16, 2018, and updated Spetember 26, 2018, and meets the Minimum Technical Standards set forth in the applicable codes in th lorida Administrative Code, pursuant to S . 'on 472.027. Florida -tutes. "Not valid without ignature and the original raised seal of a Florida Licensed , eyor and Mapper' FORTIN, LEAVY, SKILES, C., LB3653 By: Daniel C. Fortin Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. 6 a 1 (12188 1808 0180, wg, 6/17/2019 2:29:19 PM, Ere NW 36th STREET SPECIAL NW 38th STREET PU 1=11=' SU F; fI LOT' z _ La (JULIA TUTTLE CAUSEWAY 1-195) 300 LINEAR-FEET—�� — 1 I — NW 37thTR�T EXIST NG MURAL -r=-=r= --- r— T ---- r--T 1 oI 11 9 1 0 I 0 1 1 o I� 1 1 0 l o l J 1 1 1 I I LVI I[ I IA 1 L--1 1 j----1 _L-- I I I I I I I 0D 1 I N 1 N 1 1 LOT 24 LOT 13 I I ,- I ►- I I' o l o I o - I— _ -- -I o t o I g I g 9 - 1 -' J J I LOT 23 I 1 1 1 1 1 I 1 LOT14 1 1 J 1 I 1 1 J / 1\` L_ 1— J _ L- _1_ J L_ 1_ — — — — — NW 36th STREET— — SURVEYOR'S NOTES: — This site lies in Section 24, Township 51 South, Range 41 East, J L - Citye of Miami, Mpavement anCounty, Florida — The roadway pavement and building location is graphically shown and has not been field located. This is not a "Boundary Survey" but only a graphic depiction of the proposed Mural location shown hereon. I— — This map is intended to be displayed at the graphic scale shown hereon or smaller. — Murals as defined in the City of Miami Ordinance: A Mural is a painting or artistic work (including collage effects) composed of pictures or arrangements of color which has a limited commercial sponsorship message, advertises a commercial product and which is made directly onto, projected onto or attached to a building or a wall. — Proposed Mural on location of building was provided by client. — Artistic Murals appear to have no commercial product message and were not reflected on survey. — There are no commercial murals within 300 feet from the proposed site. — Miami —Dade County property appraisers web site, Folio: 01-3124-021-1720 L GRAPHIC SCALE 0 40 80 160 ( IN FEET ) 1 inch = 80 ft. LEGEND LIMITS OF BUILDING AT GROUND LEVEL SITE'S PROPOSED MURAL FACE OF EXISTING MURAL BILLBOARDS & SIGNS —SURVEYOR'S CERTIFICATION: (I hereby certify" that this "Special Purpose, Survey was made under my responsible charge on June 17, 2019, 1 and meets the Minimum Technical Standards as set forth in the applicable codes in the Florida Administrative Code, pursuant to Section 472.027, Florida Statutes. "Not valid without the signature and the original raised seal of a Florida Li ensed Surveyor and Mapper" FORTIy!LEAVYILES, INC., LB36 By Daniel C. Fortin Jr., For The Firm Surveyor and Mapper, LS6435 State of Florida. A 1 w o > DF z uJ w Oro Zoo L aQ 0) Q cc Z s cc,¢ o D 2 U saws 7a018 a. Drawn By BLS Rated 6/17/19 sm 71.1.d Boot FLO BHT toll No. 180612 n.r. p,. 1018.023.2a Exhibit B SPECIAL PU RPOSE SU RVEV LVI IY 4c I= -_I-_ _L__1_ _J---L NW 38th STREET-ThAr 300 LINEAR FEET NW 36th STREET cc Z I _ r 8 300 NEAR FEES- — NW- 3-1ttT STREET- -30o LINEAR -FEET — — =1 I I > c.EXISTING MURAL 05 r I r/r•-•.•,/, r t9 aIAUML-AP�PRUVmP I —IF- I #36$0z—-- i ... / W LOT 11 o m I n 1 1- us I v I I LOT 2 ¢ I Q I I sEr ' F '► Iii o t o o t o t o I� ; I— — — I g 1 11 i�: MIDTOWN II— t31 9 LOT 9 I I I I I LOT 1 _ _ _ SURVEYOR'S NOTES: I I r I r - This site lies in Section 6 and 7, Township 54 South, Range 42 East, I N City of Miami, Miami-Dode County, Florida I I n I W I rn N I N N -The roadwaypavement and building location is graphically shown and hos not LOT 13 I F F • I I F I F I I- been field cated. r O O 0 - - This is not a Boundary Survey' but only a graphic depiction of the proposed Mural -{ O O I OO OO I OJ I —J —I - location shown hereon. LOT 14 I I I I I - This map is intended to be displayed at the graphic scale shown hereon or smaller. I I I I I - Murals as defined in the City of Miami Ordinance: A Mural is a painting or artistic Work (including collage effects) composed of pictures or arrongements of color which _ - - L _ -1- - J - — - L _ _ 1 _ - J - — —I— — —1 _ — hos a limited commercial sponsorship message, advertises a commercial product and Which is made directly onto, projected onto or ottached to a building or a wall. - Proposed Mural on location of building was, provided by client. - Artistic Murals appear to have no commercial product message. - There are no commercial murals within 300 feet from the proposed site. NW 36th STREET - Miami -Dade County property appraisers web site, Folio: 01-3124-021-1710 — — — SURVEYORS CERTIFICATION: 1 hereby certify at th s Special Purpose Survey was mode under my responsible charge on Septembe 5, 201 -i and updated June 20, 2019, and meets the Minimum Technical Standards • set fort in the applicable codes in the Florida Administrative Code, pursuant • Section 2.027, Florida Statutes. 300 LINEAR FEET 36th STRUT CAUSEWAY > (JULIA TUTTLE CAUSEWAY 1-195) GRAPHIC SCALE 0 40 Bo Imommommal 160 (II9 PEEP) 1 inch — SO ft LEGEND OMITS OF BUILDING AT GROUND LEVEL EXISTING MURAL APPROVED PERMIT 18-0041 FACE OF EXISTING MURAL. BILLBOARDS & SIGNS JJ 'Not vali• without the sig lure and the original aised seal o a Florida Jcens -• Surveyor and May.= 3653 Daniel C. Fortin r., or hT a Ftrm Surveyor and Mapper, LS6435 tate of Florida. 1 1 1 S•._ * o 0.35311 5.5 — Exhibit C From: Pye, Kenneth Sent: Tuesday, August 13, 2019 12:51 PM To: Cerrato, Julia <JCerrato@miamigov.com> Cc: Brown, Derrick<Derrick.Brownl@dot.state.fl.us> Subject: Mural Relocations 70 NW 37th Street & 78 NW 37th Street Julia, I have reviewed the last two mural locations that you had sent over. Below are my findings. The Department does not take exception with the relocation of murals to the following addresses: 70 NW 37th Street 18-0041— Becker Boards Miami, LLC The Department does take exception with the relocation of murals to the following locations: 78 NW 37th Street 19-0012 — NTWW, LLC— This proposed mural location is less than 300' from the mural that has been relocated to 70 NW 37th Street listed above. Miami's Ordinance 12983, which was adopted as part of the two party agreement, states in 62.606(c), "A Mural shall not be located within three hundred (300) feet of another legally permitted Mural oriented towards the same side of the street." Please provide to the Department within 14 days a proposed resolution to this issue as the mural has already been relocated to 78 NW 37th Street; a location that does not meet the spacing requirements set forth in Miami's ordinance. (( I Manager, Outdoor Advertising & Logo 605 Suwannee Street, Nu) 22 Tallahassee, Florida 32399 Telephone: (850) 414-4600 FAX: (850) 414-4850 Email: Kenneth.Pye@dot.state.fl.us Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. (Chapter 119, Florida Statutes) 1 Exhibit D GLINSTER FLORIDA'S LAW FIRM FOR BUSINESS July 17, 2019 VIA E-MAIL Emilio T. Gonzalez, City Manager 444 SW 2nd Avenue, Suite 10 Miami, FL 33130 etgonzalez@miamigov.com Our File Number: 46028.1 Writer's Direct Dial: 305-376-6077 Writer's E-Mail Address: rfernandez@gunster.com Re: Mural Transfer located at 70 NW 37th Street Dear Mr. Gonzalez: We write to inform you of serious violations of the City of Miami Code of Ordinances and the Federal Highway Beatification Act, 23 U.S.C. Sect 131, et seq via the Tri-Party Agreement. Specifically, the City of Miami Office of Zoning has approved a mural transfer application which it knew or should have known contained materially false omissions, thereby creating a scenario where multiple mural permits are now permitted at a distance fewer than 300' feet from one another along the same street and highway. The property located at 70 NW 37 ST, which is owned by the Emilio and Gloria Estefan family ("Estefan Property") is directly adjacent to the property located at 78 NW 37 ST, which is owned by Phillip Sylvester ("Sylvester Property"). Both properties face NW 37 ST and I-195 to the north, and are therefore competitor sites for outdoor mural advertising along NW 37 ST and 1-195. On August 8, 2018, Becker Boards Miami, LLC ("Becker Boards"), received Office of Zoning approval to relocate outdoor advertising Mural Permit 18-0041 to the Estefan Property ("Becker/Estefan Approval"). On June 18, 2019, NTWW, LLC ("NTW"), received Office of Zoning approval to transfer Mural Permit 19-0012 to the east wall of the Sylvester Property (the "NTW/Sylvester Approval"). Section 62-606(3) of the City of Miami Code of Ordinances states that: Spacing between murals and number of murals allowed per building. A mural shall not be located within 300 feet of another legally permitted mural oriented towards the same side of a street or the State Highway, as applicable. The distance shall be measured in accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. measured along the edge of pavement of the main traveled way). The spacing requirement provided herein shall be reduced to 150 feet within the City Park West entertainment district. Brickell World Plaza 600 Brickell Avenue, Suite 3500 Miami, FL 33131 p 305-376-6000 f 305-376-6010 GUNSTER.COM Boca Raton I Fort Lauderdale I Jacksonville I Miami I Orlando ( Palm Beach I Stuart I Tallahassee Tampa I The Florida Keys I Vero Beach I West Palm Beach I Winter Park Emilio T. Gonzalez, City Manager July 17, 2019 Page 2 of 5 The foregoing City Code spacing provision derives from The Federal Highway Beautification Act, 23 U.S.C. Sect 131, et seq via the Tri-Party Agreement between the City of Miami, the State of Florida Department of Transportation, and the Federal Highway Administration. All of the foregoing regulations aim to prevent outdoor advertising murals and billboards from being located within close proximity to one another to avoid visual clutter. In order to ensure that such spacing requirements are met, Section 62-604 of the City Code mandates that mural permit transfer applicants provide a signed and sealed special purpose survey demonstrating adequate spacing between prospective and existing mural permit locations. The illegal result of the Office of Zoning's issuance of the NTW/Sylvester Approval is illustrated by the following photograph below which was taken on June 17, 2019 from the middle of NW 37 ST, facing west. The photograph shows an existing Becker/Estefan mural alongside a new NTW/Sylvester mural, located well within 300' of one another. Notably, the photograph also shows the presence of an illegal "construction fence" erected at the Sylvester Property which serves no other purpose than to obscure the Becker/Estefan mural (Becker Boards has filed multiple complaints with City of Miami Code Enforcement dating back several months; the City Building Official is now personally investigating the matter). Attached as "Exhibit A" is a special purpose survey dated June 21, 2019 (commissioned by Becker Boards after the NTW/Sylvester Approval was issued), which demonstrates that the two permitted murals are located only a mere 85' from one another.' Despite Becker Boards' persistent formal outreach to the Office of Zoning, City Attorney's Office, and City Manager's Office, it has yet to receive any explanation for how the NTW/Sylvester Approval could have occurred in light of the foregoing facts and regulatory requirements. What is clear, based upon the available record, is the following: 1 Notably, the attached survey dated June 21, 2019 was issued by the same surveyor used by NTW/Sylvester in their application for the NTW/Sylvester Approval. Emilio T. Gonzalez, City Manager July 17, 2019 Page 3 of 5 1. The Office of Zoning knew or should have known that it issued the NTW/Sylvester Approval based upon a materially inaccurate spacing survey. The special purpose spacing survey submitted by NTW for the NTW/Sylvester Approval which, was reviewed and approved by the Office of Zoning, completely fails to identify the previous Becker/Estefan Approval next door. Both the Office of Zoning and NTW/Sylvester were well aware of the previous Becker/Estefan Approval. In fact, the same staff member who issued the Becker/Estefan Approval — Julia Cerrato ("Cerrato") — also issued the NTW/Sylvester Approval. In late 2018, Sylvester even formally appealed Cerrato's issuance of the Becker/Estefan Approval to the City Commission, although he dropped that appeal minutes before the hearing was to begin. 2. The NTW/Sylvester Approval was issued at least partially based upon a spacing survey that was not signed and sealed. The record provided to Becker Boards by Cerrato for the NTW/Sylvester Approval contains a signed survey dated June 17, 2019, however it is unclear whether that survey was considered as part of the NTW/Sylvester Approval.2 The record is clear that Cerrato affixed her signature to the NTW/Sylvester Approval on June 14, 2019, based upon an unsigned survey. 3. The NTW/Sylvester Approval was routed to the County before it was approved. Notably, the NTW/Sylvester approval also states on its signature page that it was referred to Miami -Dade County on June 17, 2019, however, it is unclear how such a referral could have occurred prior to final Office of Zoning approval on June 18, 2019. One possible explanation is that a prior version of the approval was routed to the County, and that at least two different versions of the NTW/Sylvester Approval exist. 4. NTW/Sylvester erected their mural on the Sylvester Property prior to the issuance of the NTW/Sylvester Approval. Photo of mural was taken on June 17, 2019. Final Office of Zoning approval was done on June 18, 2019. 5. The State of Florida has indicated that it never received a copy of the Becker/Estefan Approval from the City of Miami, thus allowing for the NTW/Sylvester Approval. It is the City of Miami's responsibility to send the State of Florida a copy of all approved mural permit locations along state highways and freeways. The City of Miami's Office of Zoning apparently never did so for the Becker/Estefan Approval, according to the State's records. If the City of Miami violates the Tri-Party Agreement, the State of Florida may take action that could result in the City of Miami losing the mural program, including the financial benefit that comes with it. As stated in the Florida Department of Transportation's letter to the City of Miami dated February 19, 2014, attached as "Exhibit B", 2 It is also unclear when the City actually received that signed version of the spacing survey. Notably, when Cerrato provided Becker Boards with the record for the NTW/Sylvester Approval, the June 17, 2019, signed version of the spacing survey was transmitted as a separate document from the main record file. Specifically, it was enclosed with the mailing notices. Becker Boards has asked the Office of Zoning to confirm whether the June 17, 2019, signed survey was considered as part of the NTW/Sylvester Approval, but has received no response. Emilio T. Gonzalez, City Manager July 17, 2019 Page 4 of 5 Acknowledgement of Local Control of Wall Murals within the City of Miami (Exhibit B) (5) The City will be subject to periodic inspections by the Department to ensure the City is controlling the display of Wall Murals in accordance with its ordinance. The City's failure to correct any deficiencies identified by the Department within a reasonable period of time shall be cause for termination of this certification, and cause for removal of wall murals by the City. Additionally, please be advised that Becker Boards, together with its landlords Gloria and Emilio Estefan, are in process of developing substantial improvements to the Estefan Property in reliance on the Becker/Estefan Approval. Those plans may now be in jeopardy by virtue of the NTW/Sylvester Approval. Becker Boards is concerned that the City's issuance of the NTW/Sylvester Approval improperly divests them of certain legally established property rights under Florida and federal law. In light of the foregoing, we respectfully request that you investigate this matter and, at a minimum, provide Becker Boards with some additional information as to how the NTW/Sylvester Approval could have occurred in light of the foregoing. If appropriate after your investigation, Becker Boards also respectfully requests that you rescind your designee's apparently erroneous decision to issue the NTW/Sylvester Approval. If your office needs any additional information, please feel free to have your office contact me at the earliest convenience. Thank you in advance for your anticipated cooperation. Respectfully, Robert H—P rnandez, Esq, RHF/jnp Attachments cc: Victoria Mendez, City Attorney Fernando Casamayor, Assistant City Manager Olga Zamora, Chief of Hearing Boards Nzeribe Ihekwaba, Assistant City Manager Emilio T. Gonzalez, City Manager July 17, 2019 Page 5 of 5 EXHIBIT A SPECIAL PIJRFri OSE SURVEY t.1_u ,. 1---L--1---.L.......L�...L.L-t_-�1----!- `3a f , ' NW38tlISTREET r k wo 1.04EAF1 MT '-STAEETTAUSEWAY — I+ — — - I 1 — — -- — -- — -- — '— — -- — — I. — GRAPHIC SCALE w — ,1, Ci7d� STREET- — moo 2weutsEEr — o—e "'=-- \ ZW=ZI i LEGEND ram- p ... . yry<•4 MIT44«I , r T A peso ^1 > , �... •. • al w tr. F: I +In - I— —I 1 LOTS,.<.00, 1 till i I'—II111 �":ra 'I ray"" wr9 i i _ +I 1I SURVEYORS NOTES: -1 r 1 r T , r co T. ru n - It gut,.•71 a «d ). I erv,p 64 So-A4. beg. 42 E«t, ,o I I I I I _ eim.<-a,a. aW,y. �ala4 11 •oed pwn.n, .M Wk<q kenten a «fey oven oM Ms net I 1 10Tfl 1 I I I 1 >a 1 Li, wu'O�<el.a r-- — — --1 § I I I 1 I 5 - Ms a no" 124 4a«) SW.? WI mq a vaM.< deokGen el Ine pay.. WO i««a ✓e.. w.a. I Lur 14 1 ( I 1 I I - „a„ a°. Oeln.d�A w r ?I u» «.ory< yn.n 11:127 « -,fe as ..aa44n<. .4ows,rw««` . I I I + I _ .«. C• ,'•a omen,. 31 scar 44 pkw.4 1 «,«yen,r4o N w« N;<d. J` �`.____L__1__J__—L__1—_J__ L__1__ ♦no5:44. T.4do<omm..«ett.eror,no m"X n::WO.' «c.N «*". end kC - RW«4d Y..tN �NeOn el W#M p_HeM<�/d :WO.'" «. ,wx - N4,e i14 4Cae« b bw moot: �1 p.oee<1 met�,� - rn«. «4 ro ...", a m,.tl. «Sun aoo I4N Imm ' ii4- -1 NW 36 h STREET NW 36th STREET """ 'D ° C° ry °eM') °I ° '" i ° '1•. )a oT-� a-ni- )lo - SURVEYORS CERTIFICATION: I M .A •Sp.dN a w.� <� wide< 5 ZZ�<na .I , how wdm.e <oa'In w 114,64'41ia�wv�w.• WO. s,4,eeni': s.naa°Vi).wi.'IuRa uN n... bn: a fb/an fir' EXHIBIT B RICK SCOTT GOVERNOR Florida Department of Transportation 605 Suwannee Street ANANTH PRASAD, P.E. Tallahassee, FL 32399-0450 SECRETARY February 19, 2014 Mr. Johnny Martinez City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 RE: Acknowledgement of Local Control of Wall Murals within the City of Miami Dear Mr. Martinez: This correspondence is notification that the Florida Department of Transportation (Department) acknowledges the City of Miami's (City) determination of customary local use for Wall Murals within specified boundaries under the City's jurisdiction as detailed in Exhibit "A" as attached to this letter, in lieu of controls established in the Agreement between the United States Department of Transportation and the State of Florida, dated January 27, 1972, On May 10, 2008, the City passed Ordinance No, 12983, creating Sections 62-601 through 62- 618, Permitting and Regulating Wall Murals, of the Code of the City of Miami, Florida, as amended (the Wall Mural Ordinance), The City has represented to the Department that the intent of the Wall Mural Ordinance is to: 1) improve the appearance of the City's urban core; 2) document that prominent displays of large outdoor advertising displays, including Wall Murals, in the City's commercial and industrial urban core was a widespread, common and general practice, and a. customary use beginning prior to 1972; 3) establish standards for size, lighting, and spacing of Wall Murals; and 4) establish penalties for violations and processes for enforcement. The City's certification is supported by numerous documents, including but not limited to: 1) City Ordinance 12983 (adopted 2008); 2) City Ordinance 7338 (adopted 1965); 3) an inventory dated February 19, 2014 of Wall Murals currently permitted under Ordinance 12983; and 4) the Agreement on Customary Use and Certification for Local Zoning Control for Murals Under the Highway Beautification Act by the City of Miami, the Florida Department of Transportation, and the Federal Highway Administration, Florida Division, all of which are attached and incorporated into this letter of agreement. www.dot.state.fl.us Further, the City agrees to the following: 1. The City must apply and enforce the provisions of Ordinance No. 12983 (the Wall Mural Ordinance). The size and lighting of all Wall Murals must adhere, at a minimum, to the requirements of the Wall Mural Ordinance, The City will not grant a permit, or renew a permit seeking to enlarge or modify a Wall Mural, without first securing Department approval. The City may grant modifications to an existing permit, if the modifications meet the criteria set forth in the Wall Mural Ordinance, Any variances to the Wall Mural Ordinance will be subject to the Department's approval, 2. Provisions of the Wall Mural Ordinance may be amended from time to time in a manner consistent with "customary use", Any proposed changes to the Wall Mural Ordinance will be subject to a review by the Department for consistency with the demonstrated "customary use" and the intent of the Highway Beautification Act. The Department will review and raise any objections to proposed amendments within thirty (30) days of submittal. The City will not amend the Wall Mural Ordinance, or adopt additional codes or ordinances related to the control of Wall Murals, without the approval of the Department. Department approval will not be unduly delayed and shall not be arbitrarily withheld. 3. Issuance of new Wall Mural permits must meet minimum size, height and spacing requirements contained in the Agreement on Customary Use and Certification for Local Zoning Control for Murals under the Highway Beautification Act between the City of Miami, the Florida Department of Transportation, and the Federal Highway Administration, Florida Division. All other applicable local government codes and ordinance must be met prior to issuance of a permit for a Wall Mural, 4, Wall Murals previously approved by the City that are not in compliance with the land use requirements in Section 479.156, Florida Statutes, shall be allowed to remain for the duration of any existing lease with the property owner, not to exceed ten years. At the end of the lease term, or ten years from the date of this agreement, whichever is earlier, Wall Murals not located in a commercial or industrial zoned area, must be relocated, or the permit will be revoked. Wall Murals for which permits are revoked must be removed within thirty (30) days of the revocation, at the expense of the Wall Mural permittee. The City will permit new Wall Murals only in commercial or industrial zoned areas. 5. The City will be subject to periodic inspectionsby the Department to ensure the City is controlling the display of Wall Murals in accordance with its ordinance. The City's failure to correct any deficiencies identified by the Department within a reasonable period of time shall be cause for termination of this certification, and the cause for removal of wall murals by the City. 6, If the Federal Government reduces transportation funding which would otherwise be apportioned to Florida due to the City's failure to control Wall Murals and the City's failure to cure any deficiencies identified by the Department, the Department may reduce State apportioned transportation funding in an equivalent amount to the City. 7. To the extent permitted by Florida law, the City of Miami shall indemnify, defend and hold harmless the Department, its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, attorney's fees, resulting in any manner from the determination of customary use for local control of Wall Murals under the Highway Beautification Act or the certification for local control regarding Wall Murals, 8, The City shall annually certify to the Department that 50% of the gross revenue related to the permitting and regulation of Wall Murals, permitted subsequent to this Agreement, have been deposited monthly in an account that will be used solely for improvements, construction, and maintenance on the State Highway System within the City of Miami. The certification statement is due to the Department no later than ninety (90) days following the City's fiscal year end, The Department reserves the right to audit the City's records pertaining to this account and the use of deposited funds. 9. If any part, term, or provision of this agreement is held to be invalid or in conflict with any law of the State of Florida, the remainder shall not be affected. In such instance, the remainder would continue to conform to the terms and requirements of applicable law. In summary, the Department acknowledges the certification of the City for control of Wall Murals under the above terms and conditions, consistent with the effective control requirements of the Highway Beautification Act, federal and state regulations, and the federal/state agreement. Acknowledgement of the City's control of outdoor advertising based on customary local use is limited to Wall Murals. No other type of signage is included in the City's certification. City of Miami's Receipt and Concurrence: G -- Dated: -/2- /4 Si ely, aottiL Ananth Prasad, P.B. Secretary, Florida Department of Transportation Exhibit E From: Cerrato, Julia <JCerrato@miamigov.com> Sent: Tuesday, August 13, 2019 2:42 PM To: Joseph White <jwhite@beckerboards.com> Cc: Jose Diaz <Diaz@ballardfl.com>; Fernandez, Robert <RFernandez@gunster.com>; Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com>; Goldberg, Daniel S. <dgoldberg@miamigov.com>; Mark Becker <mbecker@beckerboards.com>; Mendez, Victoria <VMendez@miamigov.com>; Casamayor, Fernando <FCasamayor@miamigov.com>; james.byers@miamidade.gov; Ruiz, Joseph A. <jaruiz@miamigov.com>; Camero, Jose <jcamero@miamigov.com>; Hevia, Wesley (Assoc-Mia) <wesley.hevia@akerman.com>; Orta, Lazaro <LOrta@miamigov.com> Subject: RE: FDOT - Mural Relocations 70 NW 37th Street & 78 NW 37th Street Good afternoon, Mr. White: I am in receipt of the FDOT opinion and will keep you informed on any action taken. Thanks, Julia D. Cerrato, MPA Assistant Director City of Miami Office of Zoning 444 SW 2"d Avenue, 2"d Floor 1�Y Op • IMLIAYOIA110 * r6 1 11 Miami, FL 33130 t o �; Telephone: 305-416-1006 u icerrato@miamigov.com "Serving, Enhancing, and Transforming our Community" elDILAN edict) Eventbrite. Electronic Plan Review is live. Join us at a training event. Click to view training schedule on i Exhibit F From: "Pye, Kenneth" <Kenneth.Pye@dot.state.fl.us> Date: Thursday, September 26, 2019 at 4:11 PM To: Joseph White <iwhite@beckerboards.com> Cc: "Brown, Derrick"<Derrick.Brown1@dot.state.fl.us> Subject: RE: Mural Relocations 70 NW 37th Street & 78 NW 37th Street Joseph, I spoke with Julia last week Wednesday (9/16). She informed me that the two parties are currently in litigation with one another. She also stated that the City of Miami was working (specifically the City Attorney) with both parties to resolve the issue. I have asked that she contact me weekly to provide an update, until the issue has been resolved. She called and left me a message Wednesday morning. I have since called her back and sent a follow up e mail. I will let you know if any new information is provided once I speak with her. (( I Manager, Outdoor Advertising & Logo 605 Suwannee Street, MS 22 Tallahassee, Florida 32399 Telephone: (850) 414-4600 FAX: (850) 414-4850 Email: Kenneth.Pye@dot.state.fl.us Please note: Florida has a very broad public records law. Most written communications to or from state officials regarding state business are public records available to the public and media upon request. Your e-mail communications may be subject to public disclosure. (Chapter 119, Florida Statutes) 1 Exhibit G aker man October 8, 2019 Emilio T. Gonzalez, City Manager Victoria Mendez, City Attorney City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Neisen O. Kasdin Akerman LLP Three Brickell City Centre 98 Southeast Seventh Street Suite 1100 Miami, FL 33131 T: 305 374 5600 F: 305 374 5095 Re: Clarification for the record & request for update concerning the status of City of Miami Office of Zoning approval of NTWW, LLC's application to move outdoor advertising Mural Permit 19-0012 to the east wall of 78 NW 37 ST, Miami, FL Dear Mr. Gonzalez & Ms. Mendez: Our firm represents Becker Boards Miami, LLC ("Becker Boards"), a privately held outdoor advertising company, and one of a handful of Qualified Applicants under the City of Miami's mural program. We write to clarify the record and request an update concerning the City's June 18, 2019, approval of NTWW, LLC's application to transfer outdoor advertising Mural Permit 19-0012 to the east wall of 78 NW 37 ST (the "Approval"). As you know, Becker Boards has — over the past 3.5 months since the Approval was issued — raised written concern over the Approval on the basis that it violates mural spacing standards set forth in the City of Miami Code of Ordinances and Highway Beautification Act, et seq the Tri-Party Agreement. On July 17, 2019, Becker Boards summarized its concerns in a letter to the City Manager, copying the City Attorney. That letter is attached hereto as "Exhibit A". On September 4, 2019, Becker Boards met with multiple representatives from the City Attorney's Office, City Manager's Office, and Office of Zoning, to discuss the Approval. At the conclusion of that meeting, the City Attorney informed Becker Boards that the City would get back to Becker Boards on this issue. Despite the aforementioned communications and meetings, Becker Boards has yet to receive a formal response from the City on this issue. However, on September 26, 2019, Becker Boards was informed by the Florida Department of Transportation ("FDOT"), that a representative from the City of Miami Office of Zoning had called to inform FDOT that, [T]he two parties are currently in litigation with one another [and] that the City of Miami [is] working (specifically the City Attorney) with both parties to resolve the issue. akerman..co 50353283;1 Becker Boards believes that this characterization of the by the Office of Zoning requires clarification for the record, to avoid confusion moving forward. • First, Becker Boards is not in litigation with NTWW, LLC, which is the qualified applicant who holds the mural permit subject to the Approval; • Second, while Becker Boards is in litigation with the owner of 78 NW 37 ST, that litigation predates and is unaffected by the Approval;' • Third, the merit of the Approval should be investigated independent of any dispute between private parties; and • Fourth, on September 11, 2019, and September 26, 2019, Becker Boards informed City representatives by e-mail that Becker Boards is unable to engage in any settlement discussions with any private parties until the City revokes the Approval, which, again, Becker Boards believes was issued contrary to applicable regulations and agreements. The Becker Boards e-mails dated September 11, 2019, and September 26, 2019, are attached hereto as "Exhibit B". In summary, Becker Boards is not pursuing any settlement discussions affecting the Approval, and remains concerned that the Approval was issued erroneously for the reasons described above, and as set forth in more detail in the attached letter dated July 17, 2019. Becker Boards respectfully requests an update from the City concerning the status of the Approval in light of the concerns it has raised. Sincerely, AKE ' ,LLP Neis-n O. Kasdin Cc: Kenneth Pye, Florida Department of Transportation Joseph Ruiz, Office of Zoning Julia Cerrato, Office of Zoning Daniel Goldberg, Assistant City Attorney Wesley Hevia, Akerman LLP Robert Fernandez, Esq. Jose F. Diaz, Ballard Partners ' On August 14, 2018, Set Midtown, LLC, owner of 78 NW 37 ST, filed suit against Becker Boards in the Circuit Court of the 11 t" Judicial Circuit, Miami -Dade County, under case number 2018-27467-CA-01. The Case relates to a business dispute between Set Midtown, LLC, and Becker Boards dating back to 2017. 50353283;1 EXHIBIT A I�r GUNSTER FLORIDA'S LAW FIRM FOR BUSINESS July 17, 2019 VIA E-MAIL Emilio T. Gonzalez, City Manager 444 SW 2nd Avenue, Suite 10 Miami, FL 33130 etgonzalez@miamigov.com Our File Number: 46028.1 Writer's Direct Dial: 305-376-6077 Writer's E-Mail Address: rfernandez@gunster.com Re: Mural Transfer located at 70 NW 37th Street Dear Mr. Gonzalez: We write to inform you of serious violations of the City of Miami Code of Ordinances and the Federal Highway Beatification Act, 23 U.S.C. Sect 131, et seq via the Tri-Party Agreement. Specifically, the City of Miami Office of Zoning has approved a mural transfer application which it knew or should have known contained materially false omissions, thereby creating a scenario where multiple mural permits are now permitted at a distance fewer than 300' feet from one another along the same street and highway. The property located at 70 NW 37 ST, which is owned by the Emilio and Gloria Estefan family ("Estefan Property") is directly adjacent to the property located at 78 NW 37 ST, which is owned by Phillip Sylvester ("Sylvester Property"). Both properties face NW 37 ST and I-195 to the north, and are therefore competitor sites for outdoor mural advertising along NW 37 ST and I-195. On August 8, 2018, Becker Boards Miami, LLC ("Becker Boards"), received Office of Zoning approval to relocate outdoor advertising Mural Permit 18-0041 to the Estefan Property ("Becker/Estefan Approval"). On June 18, 2019, NTWW, LLC ("NTW"), received Office of Zoning approval to transfer Mural Permit 19-0012 to the east wall of the Sylvester Property (the "NTW/Sylvester Approval"). Section 62-606(3) of the City of Miami Code of Ordinances states that: Spacing between murals and number of murals allowed per building. A mural shall not be located within 300 feet of another legally permitted mural oriented towards the same side of a street or the State Highway, as applicable. The distance shall be measured in accordance with Rule 14-10.006(4), Florida Administrative Code ("F.A.C.")(2012)(i.e. measured along the edge of pavement of the main traveled way). The spacing requirement provided herein shall be reduced to 150 feet within the City Park West entertainment district. Brickell World Plaza 600 Brickell Avenue, Suite 3500 Miami, FL 33131 p 305-376-6000 f 305-376-6010 GUNSTER.COM Boca Raton I Fort Lauderdale I Jacksonville I Miami I Orlando I Palm Beach I Stuart I Tallahassee Tampa I The Florida Keys I Vero Beach I West Palm Beach 1 Winter Park Emilio T. Gonzalez, City Manager July 17, 2019 Page 2 of 5 The foregoing City Code spacing provision derives from The Federal Highway Beautification Act, 23 U.S.C. Sect 131, et seq via the Tri-Party Agreement between the City of Miami, the State of Florida Department of Transportation, and the Federal Highway Administration. All of the foregoing regulations aim to prevent outdoor advertising murals and billboards from being located within close proximity to one another to avoid visual clutter. In order to ensure that such spacing requirements are met, Section 62-604 of the City Code mandates that mural permit transfer applicants provide a signed and sealed special purpose survey demonstrating adequate spacing between prospective and existing mural permit locations. The illegal result of the Office of Zoning's issuance of the NTW/Sylvester Approval is illustrated by the following photograph below which was taken on June 17, 2019 from the middle of NW 37 ST, facing west. The photograph shows an existing Becker/Estefan mural alongside a new NTW/Sylvester mural, located well within 300' of one another. Notably, the photograph also shows the presence of an illegal "construction fence" erected at the Sylvester Property which serves no other purpose than to obscure the Becker/Estefan mural (Becker Boards has filed multiple complaints with City of Miami Code Enforcement dating back several months; the City Building Official is now personally investigating the matter). Attached as "Exhibit A" is a special purpose survey dated June 21, 2019 (commissioned by Becker Boards after the NTW/Sylvester Approval was issued), which demonstrates that the two permitted murals are located only a mere 85' from one another.' Despite Becker Boards' persistent formal outreach to the Office of Zoning, City Attorney's Office, and City Manager's Office, it has yet to receive any explanation for how the NTW/Sylvester Approval could have occurred in light of the foregoing facts and regulatory requirements. What is clear, based upon the available record, is the following: 1 Notably, the attached survey dated June 21, 2019 was issued by the same surveyor used by NTW/Sylvester in their application for the NTW/Sylvester Approval. Emilio T. Gonzalez, City Manager July 17, 2019 Page 3 of 5 1. The Office of Zoning knew or should have known that it issued the NTW/Sylvester Approval based upon a materially inaccurate spacing survey. The special purpose spacing survey submitted by NTW for the NTW/Sylvester Approval which, was reviewed and approved by the Office of Zoning, completely fails to identify the previous Becker/Estefan Approval next door. Both the Office of Zoning and NTW/Sylvester were well aware of the previous Becker/Estefan Approval. In fact, the same staff member who issued the Becker/Estefan Approval — Julia Cerrato ("Cerrato") — also issued the NTW/Sylvester Approval. In late 2018, Sylvester even formally appealed Cerrato's issuance of the Becker/Estefan Approval to the City Commission, although he dropped that appeal minutes before the hearing was to begin. 2. The NTW/Sylvester Approval was issued at least partially based upon a spacing survey that was not signed and sealed. The record provided to Becker Boards by Cerrato for the NTW/Sylvester Approval contains a signed survey dated June 17, 2019, however it is unclear whether that survey was considered as part of the NTW/Sylvester Approval.2 The record is clear that Cerrato affixed her signature to the NTW/Sylvester Approval on June 14, 2019, based upon an unsigned survey. 3. The NTW/Sylvester Approval was routed to the County before it was approved. Notably, the NTW/Sylvester approval also states on its signature page that it was referred to Miami -Dade County on June 17, 2019, however, it is unclear how such a referral could have occurred prior to final Office of Zoning approval on June 18, 2019. One possible explanation is that a prior version of the approval was routed to the County, and that at least two different versions of the NTW/Sylvester Approval exist. 4. NTW/Sylvester erected their mural on the Sylvester Property prior to the issuance of the NTW/Sylvester Approval. Photo of mural was taken on June 17, 2019. Final Office of Zoning approval was done on June 18, 2019. 5. The State of Florida has indicated that it never received a copy of the Becker/Estefan Approval from the City of Miami, thus allowing for the NTW/Sylvester Approval. It is the City of Miami's responsibility to send the State of Florida a copy of all approved mural permit locations along state highways and freeways. The City of Miami's Office of Zoning apparently never did so for the Becker/Estefan Approval, according to the State's records. If the City of Miami violates the Tri-Party Agreement, the State of Florida may take action that could result in the City of Miami losing the mural program, including the financial benefit that comes with it. As stated in the Florida Department of Transportation's letter to the City of Miami dated February 19, 2014, attached as "Exhibit B", 2 It is also unclear when the City actually received that signed version of the spacing survey. Notably, when Cerrato provided Becker Boards with the record for the NTW/Sylvester Approval, the June 17, 2019, signed version of the spacing survey was transmitted as a separate document from the main record file. Specifically, it was enclosed with the mailing notices. Becker Boards has asked the Office of Zoning to confirm whether the June 17, 2019, signed survey was considered as part of the NTW/Sylvester Approval, but has received no response. Emilio T. Gonzalez, City Manager July 17, 2019 Page 4 of 5 Acknowledgement of Local Control of Wall Murals within the City of Miami (Exhibit B) (5) The City will be subject to periodic inspections by the Department to ensure the City is controlling the display of Wall Murals in accordance with its ordinance. The City's failure to correct any deficiencies identified by the Department within a reasonable period of time shall be cause for termination of this certification, and cause for removal of wall murals by the City. Additionally, please be advised that Becker Boards, together with its landlords Gloria and Emilio Estefan, are in process of developing substantial improvements to the Estefan Property in reliance on the Becker/Estefan Approval. Those plans may now be in jeopardy by virtue of the NTW/Sylvester Approval. Becker Boards is concerned that the City's issuance of the NTW/Sylvester Approval improperly divests them of certain legally established property rights under Florida and federal law. In light of the foregoing, we respectfully request that you investigate this matter and, at a minimum, provide Becker Boards with some additional information as to how the NTW/Sylvester Approval could have occurred in light of the foregoing. If appropriate after your investigation, Becker Boards also respectfully requests that you rescind your designee's apparently erroneous decision to issue the NTW/Sylvester Approval. If your office needs any additional information, please feel free to have your office contact me at the earliest convenience. Thank you in advance for your anticipated cooperation. Respectfully, Robert H` ernandez, Esq, RHF/jnp Attachments cc: Victoria Mendez, City Attorney Fernando Casamayor, Assistant City Manager Olga Zamora, Chief of Hearing Boards Nzeribe Ihekwaba, Assistant City Manager EXHIBIT B From: Joseph White <jwhite@beckerboards.com> Sent: Thursday, September 26, 2019 5:18 PM To: VMendez@miamigov.com Cc: fsuarez@miamigov.com; etgonzalez@miamigov.com; Zerry; Mark Becker; Jose Felix Diaz; Hevia, Wesley (Assoc-Mia); Cerrato, Julia Subject: Re: Becker Boards - Meeting on Mural Permit Julia, It has been brought to my attention once again that we are in settlement discussions with the landlord and the competitor. I will once again make it clear we have ZERO intentions of meeting or settling with our competitor or the landlord. We will agree to meet with the landlord only after the City has revoked the Permit at 78 NW 37th St. I am not sure where this is coming from but it certainly isn't coming from any one on the Becker Boards team. I want to be sure I make it clear to you that there is not settlement in the works nor are there any ongoing discussions. Sincerely, Joseph White President Becker Boards Office 602 312-7990 1 Fax 602 368-4358 Los Angeles I Miami I Phoenix I San Francisco B Click on a city to view an inventory map(mobile friendly)! BECKER' BHA 1-1 From: Joseph White <jwhite@beckerboards.com> Date: Wednesday, September 11, 2019 at 12:54 PM To: <VMendez@miamigov.com> Cc: <fsuarez@miamigov.com>, <etgonzalez@miamigov.com>, Zerry <Nlhekwaba@miamigov.com>, Mark Becker <mbecker@beckerboards.com>, Jose Felix Diaz <diaz@BALLARDPARTNERS.COM>, "wesley.hevia@akerman.com" <wesley.hevia@akerman.com>, "Cerrato, Julia" <JCerrato@miamigov.com> Subject: Becker Boards - Meeting on Mural Permit Dear Ms. Mendez, It has come to our attention that the lobbyist for Barry Rush has informed some of you that our lobbyist (Jose Diaz) has agreed to meet with him and others at the City in an attempt to resolve the issues regarding this matter. We've spoken to our lobbyist and there has been some miscommunication, as 1.) he has been out of town and has been unable to meet this week and 2.) he does not have settlement authority for our company. However, we are more than willing to sit down and meet with said lobbyist and with the City once it revokes the mural permit(s) improperly issued to the neighboring building owned by SET Midtown LLC and we are granted access from the neighboring property to cure the recent violation issued by the City. 1 If you have any further questions do not hesitate to contact me directly at 602-312-7990. Sincerely, Joseph White President Becker Boards Office 602 312-7990 I Fax 602 368-4358 Los Angeles I Miami I Phoenix I San Francisco 6 Click on a city to view an inventory map(mobile friendly)! 2 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com diana@rdrmiami.com 305.498.1614 November 25, 2019 City of Miami Hearing Boards Miami Riverside Center 444 SW 2nd Avenue, 3rd Floor Miami, FL 33130 Re: List of property owners within 500 feet of: 78 NW 37 Street, Miami, FL 33127 Total number of labels: 94 I certify that the attached ownership list and map are a complete and accurate representation of the real estate property and property owners within a 500-foot radius of the subject property listed above. This information reflects the most current records on file in the Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by the City of Miami Hearing Boards if it is determined the property owner information list initially submitted is older than six (6) months. Sincerely, Signature Diana B. Rio I RDR Miami I Rio Development Resources Name or Company Name 305.498.1614 Telephone diana@rdrmiami.com E-mail 151 DISTRICT PARTNERS LLC 34 STREET INVESTORS LLC CIO ALECO HARALAMBIDES 34 STREET INVESTORS LLC CIO ALECO HARALAMBIDES 3500 WYNDWOOD CORP 3526 WYNDWOOD CORP 3526 WYNDWOOD CORP 36 STREET CORP % NORTON NESIS -PRES- 3650 NORTH MIAMI AVE LLC 3800 N MIAMI AVENUE LLC 3800 N MIAMI AVENUE LLC 3800 N MIAMI AVENUE LLC ALVIN GRIFFIN BEVERLY GRIFFIN ARTAM ARIEL ARANBAEV BB & J RENTALS BELGO ASSOCIATES LLC BEN BENNET 8 JERRY PUMO BEN BENNET 8 JERRY PUMO BRUNILDA MENDEZ CARMEN PICHARDO CARMETHA SMITH CATHOLIC CHART/ARCHD/MIA INC CATHOLIC CHARI/ARCHD/MIA INC CHARDONNAY ENTERPRISES LLC CHUKIE INVESTMENTS INC CHUKIE INVESTMENTS INC CRISTINA AMARAL FAUSTINO AMARAL CURE BULICIC LLC DESIGN DISTRICT 48 LLC ELIZABETH CRESPO LUZ CELIA GONZALEZ ESJ DESIGN DISTRICT 40 LLC FENEL M ELOI TRS MERCELITA ELOI REV LIV TRUST FRED W NEWCOMB JR NANCY NEWCOMB SHORT FRITZ ARMAND 8W MARIE 8 NIRDA ARMAND 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1 WYNDWOOD PARK PB 5-23 LOT 6 BLK 1 WYNDWOOD PARK PB 5-23 LOTS 4 8 5 BLK 1 PRINCESS PARK PB 6-87 LOTS 18 8 19 BLK 9 PRINCESS PARK PB 6-87 LOTS 1 THRU 3 BLK 10 PRINCESS PARK PB 6-87 LOT 22 BLK 6 PRINCESS PARK PB 6-87 LOT 23 8 24 BLK 6 PRINCESS PARK PB 6-87 LOTS 20 8 21 BLK 6 24 53 41 PRINCESS PARK PB 6-87 LOT 18 BLK 6 WYNDWOOD PARK PB S-23 LOT 33 LESS SSFT BLK 1 WYNDWOOD PARK PB 5-23 LOTS 8-9 8 10 LESS NSFT BLK 2 WYNDWOOD PARK PB 5-23 LOT 38 BLK 1 WYNDWOOD PARK PB 5-23 LOTS 4 8 5 BLK 2 PRINCESS PARK PB 6-87 LOTS 8 8 9 BLK 9 WYNDWOOD PARK PB 5-23 LOT 13 BLK 6 WYNDWOOD PARK PB 5-23 LOT 34 BLK 1 PRINCESS PARK PB 6-87 LOT 7 BLK 6 PRINCESS PARK PB 6-87 LOT 4 BLK 9 PRINCESS PARK PB 6-87 LOTS 1-2 8 3 BLK 9 WYNDWOOD PARK PB 5-23 LOT 3 LESS NSFT BLK 2 24 53 41 PRINCESS PARK PB 6-87 LOTS 17 & 18 LESS N PORT IN R/W BLK 8 24 53 41 PRINCESS PARK PB 6-87 LOTS 15 8 16 LESS N PORT IN R/W BLK 8 24 53 41 PRINCESS PARK PB 6-87 LOT 21 BLK 5 WYNDWOOD PARK PB 5-23 LOTS 13 THRU 18 LESS NSFT 8 ALL OF LOTS 19 8 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WYNDWOOD PARK PB 5-23 LOT 1 BLK 5 77-79 CONDOMINIUM UNIT 79 UNDIV 50 % INT IN COMMON ELEMENTS OFF REC 26772-4812 24 53 41 PRINCESS PARK PB 6-87 LOT 10 BLK 6 WYNWOOD PARK PB 5-23 PARC 08-04-02 AKA LOT 35 LESS SSFT TO CITY BLK 1 WYNDWOOD PARK PB 5-23 LOTS 15 THRU 18 LESS NSFT BLK 6 WYNDWOOD PARK PB 5-23 LOT 4 LESS NSFT BLK 5 TO CITY WYNDWOOD PARK PB 5-23 LOT 11 BLK 6 WYNDWOOD PARK PB 5-23 LOTS 9810 BLK 6 24 53 41 PRINCESS PARK PB 6-87 LOT 16 BLK 6 PRINCESS PARK PB 6-87 LOTS 16 THRU 18 LESS SSFT FOR R/W BLK 10 PRINCESS PARK PB 6-87 LOT 15 BLK 10 PRINCESS PARK PB 6-87 LOTS 13 8 14 LESS SSFT LOT 14 8 EXT AREA OF CURVE IN SW COR FOR R/W BLK 10 WYNDWOOD PARK PB 5-23 LOT 21 BLK 2 WYNDWOOD PARK PB 5-23 LOT 20 BLK 2 WYNDWOOD PARK PB 5-23 LOT 19 BLK 2 24 53 41 PRINCESS PARK PB 6-87 LOT 19 BLK 6 PRINCESS PARK PB 6-87 LOTS 5-6 8 7 BLK 9 PRINCESS PARK PB 6-87 LOTS 20 8 21 BLK 10 PRINCESS PARK PB 6-87 LOT 16 BLK 9 24 53 41 PRINCESS PARK PB 6-87 E1/2 LOTS 11 8 12 BLK 6 24 53 41 PRINCESS PARK PB 6-87 LOT 3 BLK 5 PRINCESS PARK PB 6-87 LOT 22 BLK 5 24 53 41 PRINCESS PARK PB 6-87 LOTS 1 - 2 - 23 8 24 BLK 5 25 53 41 WYNDWOOD PARK PB 5-23 LOTS 9 8 10 LESS NSFT BLK 1 WYNDWOOD PARK PB 5-23 LOT 11 BLK 1 WYNDWOOD PARK PB 5-23 LOT 12 BLK 1 WYNDWOOD PARK PB 5-23 LOT 1 LESS NSFT ST 8 LOT 2 & 3 LESS EX AREA OF CURVE LYG IN NE COR OF LOT 1 BLK 1 PRINCESS PARK PB 6-87 LOTS 23 8 24 BLK 9 PRINCESS PARK PB 6-87 LOT 22 LESS SSFT FOR ST BLK 9 PRINCESS PARK PB 6-87 LOT 21 BLK 9 PRINCESS PARK PB 6-87 LOT 20 LESS SSFT FOR ST BLK 9 PRINCESS PARK PB 6-87 LOTS 10-11-12 BLK 10 WYNDWOOD PARK PB 5-23 LOTS 1 & 2 LESS NSFT 8 LESS EXT AREA OF CURVE ON NE COR OF LOT 1 BLK 2 FOR R/W SONIA LISSETTE RUIZ SOUL STUFF CORP SOUL STUFF CORP SOUL STUFF CORP SUNSET 55 NW 35 ST LLC SUNSET 55 NW 35 ST LLC SUSANA SANCHEZ TRENESE TURNER 8 ATLAS TURNER UNIVERSAL AUTO SALES INC UNIVERSAL AUTO SALES INC UNIVERSAL AUTO SALES INC WILFRID NICOLAS 41 NW 35 ST MIAM 420 JEFFERSON AVE MIAM 420 JEFFERSON AVE MIAM 420 JEFFERSON AVE MIAM 55 NW 35 ST MIAM 9560 SW 107 AVE 202 MIAM 114 NW 35 ST MIAM 56 NW39 ST MIAM 86 NW 36 ST MIAM 86 NW 36 ST MIAM 86 NW 36 ST MIAM 135 NW 38 ST MIAM FL 33127-3517 USA 0131250190230 0131250190230 WYNDWOOD PARK PB 5-23 LOT 36 LESS SSFT TO CITY BLK 1 BEACH FL 33139-6503 USA 0131240211660 0131240211660 PRINCESS PARK PB 6-87 LOTS 4-5-6 BLK 10 BEACH FL 33139-6503 USA 0131240211700 0131240211700 PRINCESS PARK PB 6-87 LOTS 7 8 8 BLK 10 BEACH FL 33139-6503 USA 0131240211710 0131240211710 PRINCESS PARK PB 6-87 LOT 9 BLK 10 FL 33127 USA 0131250190460 0131250190460 WYNDWOOD PARK PB 5-23 LOT 24 BLK 2 FL 33176 USA 0131250190190 0131250190190 WYNDWOOD PARK PB 5-23 LOT 32 LESS SSFT TO CITY BLK 1 FL 33127-3520 USA 0131250190760 0131250190760 WYNDWOOD PARK PB 5-23 LOT 2 LESS NSFT BLK 5 TO CITY FL 33127-2910 USA 0131240210991 0131240210991 PRINCESS PARK PB 6-87 LOT 8 BLK 6 FL 33127-3106 USA 0131250190120 0131250190120 WYNDWOOD PARK PB 5-23 LOT 21 8 22 LESS NSFT BLK 1 FL 33127-3106 USA 0131250190140 0131250190140 WYNDWOOD PARK PB 5-23 LOTS 23 8 24 BLK 1 FL 33127-3106 USA 0131250190150 0131250190150 WYNDWOOD PARK PB 5-23 LOT 25-26-27 8 28 BLK 1 FL 33127-2904 USA 0131240210910 0131240210910 PRINCESS PARK PB 6-87 LOT 20 BLK 5 rdr miami I public hearing notification services certified lists of property owners within a specific radius + radius maps + mailing labels + mailouts + notice of public hearing site posting rdrmiami.com I diana@rdrmiami.com 1305.498.1614 500' RADIUS MAP - N 1 1 --1— —a �PIJV 39TH ST T\ MN 39TH ST FAV S8TH ST t 195�1�� i195 1195 MN 37TH ST MN 36TH ST MN 36TH ST m 78 NW 37 Street, Miami, FL 33127 !Titrr of BUILDING DEPARTMENT Transaction Statement Financial Transaction ID: 655429 Transaction Date: Nov 26 2019 3:01 PM Permit Number: Robert Fernandez Permit 19-0012 to e)st wal 78 NW 37 ST (305)215-2264 FEE SUMMARY Fee Category Fee Code Fee Description Quantity Unit Type Amount HEARING BOARDS - PUBLIC HEARING MS-228 PUBLIC HEARING - ADVERTISING 1.0000 UNITS $1,500.00 HEARING BOARDS - APPLICATION/APPEAL MS-219 APPEAL - PLANNING DETERMINATION/ZONING INTERPRETATION 0.0000 N/A $800.00 HEARING BOARDS - PUBLIC HEARING MS-226 PUBLIC HEARING - LU POLICY 1.5.4 15.0000 NGH X HRGS $67.50 HEARING BOARDS - PUBLIC HEARING MS-241 PUBLIC HEARING - MEETING MAIL NOTICE - APPLICANT/APPEALLANT 2.0000 HEARINGS $9.00 HEARING BOARDS - PUBLIC HEARING MS-225 PUBLIC HEARING - MEETING MAIL NOTICE - NEIGHBORS 94.0000 NGH X HRGS $423.00 Total: $2,799.50 O 00 z CD �� 2 0 2 0 ▪ Imo) ▪ �LO O 61 CT ON Crl Cr; O_ O i C-- ice-. 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Q JNI•- COLT-LLQ U-t1 N Q 11 LL ¢ iiU-I-¢ . 17CIICIdICU U11 IVUV/Lb/LU17 3:U1 NM Please visit us at wuw.miamigov.com