HomeMy WebLinkAboutExhibitRECONSTRUCTION AND RELOCATION AGREEMENT
This Reconstruction and Relocation Agreement is made and entered into as of
2026, by and between the City of Miami (the "City"), a Florida
municipality, and SDE Media, LLC, a Florida limited liability corporation, (referred to as "SDE").
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 SDE erected in accordance with the City's former zoning ordinances
do not conform to the City's current Sign regulations.
B. As of February 1, 2010, SDE owned two (2) Signs in the City referred to as the
Boardworks Sign and the Hampton Inn Sign. Since February 1, 2010, disputes have arisen between
SDE and the City regarding City ordinances regulating Signs, the applicability of certain City
ordinances to Signs owned by SDE, and the effect of State laws on City ordinances and on the
enforcement of such ordinances. These disputes have resulted in code enforcement actions and
pending claims. In addition to the code enforcement actions, SDE has asserted additional claims
including, but not necessarily limited to, detrimental reliance, equitable estoppel, disparate
treatment, denial of equal protection, and deprivation of property rights pursuant to the Bert J.
Harris private property Act.
C. The City acknowledges that SDE has removed the two Signs that were owned by
SDE as a result of the code enforcement actions.
D. The City has been authorized by the Florida Legislature, pursuant to Section
70.20, Fla. Stats. (2002) to enter into relocation and reconstruction agreements, on whatever terms
are agreeable to the sign owner and the municipality, and to provide for relocation and
reconstruction of signs by ordinance or resolution.
E. The City and SDE desire to resolve all disputes and the pending claims in this
Relocation and Reconstruction Agreement (the "Agreement").
F. As a result of disputes between sign owners and the City regarding whether
certain signs were legal, settlement agreements were entered into with the following sign owners
applicable to the signs then owned by each owner:
i. Carter Pritchett Hodges, Inc., d/b/a Carter Outdoor Advertising, Inc.
(Carter), August 18, 2003 [20 Signs];
ii. Clear Channel Outdoor, Inc. (CCO), July 8, 2004 [452 Signs];
iii. CBS Outdoor, Inc. n/k/a Outfront Media LLC (Outfront), July 18, 2008 [53
Signs];
(collectively, the Settlement Agreements). The Settlement Agreements acknowledge that some of
the Signs were lawfully constructed and some of the Signs were considered illegal by the City.
The Settlement Agreements provide that if neither the City nor the Sign Owner can locate the
original sign permit, the City will issue a replacement permit. The Settlement Agreements with
Carter and CCO contain a "most favored nation" provision that provides that if the City reaches a
settlement with any other billboard owner, Carter and CCO may elect to be governed by such
agreement. Carter and CCO are required to give the City notice of election to be governed by such
agreement within 60 days of receiving notification of the agreement.
G. The City and SDE intend that this Agreement will incorporate, to the extent
applicable due to the limited number of signs subject to this Agreement, the terms and conditions
of the Settlement Agreements.
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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 SDE 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 §§54-196 through 54-190 of the City of Miami Code (the "City Code").
c. As used in this Agreement, "Height" means the maximum vertical
measurements permitted for Signs from the crown of the adjacent road (which in the case of
multiple roads, the highest crown shall be used), to the highest point of the "Sign Structure" as
established in Section 497.07, Fl. Stats. (2002).
d. As used in this Agreement "Full Permit Application" means survey, plans,
site plans, structural and electrical plans, and a fully completed permit application uploaded into
the City's iBuild system with payment.
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
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corresponding restrictions, Signs are not permitted. Subsequent to the Effective Date of this
Agreement, should the City amend its Settlement Agreement with Carter, Clear Channel
Outdoor, Inc.("CCO") or CBS Outdoor, Inc., now known as Outfront ("Outfront"), 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 SDE
under this Agreement.
£ As used in this Agreement, "Zoning District" means the Transect Zone
designation for a particular Sign located as determined by the Zoning Ordinance of the City of
Miami, currently known as Miami 21, subject to the Relocation standards set forth in Exhibit C.
For purposes of this Agreement, Signs are allowed in following zoning districts: T5-O, T6-8, T6-
12, T6-24, T6-36, T6-48, T6-60, T6-80, CI, CI- HD, D1, D2, and D3 as described in Miami 21
or such equivalent zoning districts as may be adopted by the City from time to time.
g-
As used in this Agreement, "Termination Date" shall mean 25 years from
the "Effective Date" (see paragraph 19.1.).
3. Sign Inventory and Removal of Signs. SDE owned, operated, or managed the
Signs listed on Exhibit B (the Boardworks Sign and the Hampton Inn Sign) and there are no other
Signs within the City that are currently owned, operated or managed by SDE or any of its
subsidiaries, affiliated corporations, or affiliated entities as of the Effective Date of this
Agreement. SDE represents that: (a) the information set forth in the attached Exhibit B accurately
describes all of SDE's inventory of Signs within the City prior to their removal; and (b) Exhibit
B identifies the Zoning District in which each of SDE's Signs was located prior to its removal,
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 SDE that is not listed on
Exhibit B, if any, SDE will immediately remove said Sign and/or Sign Structure as of the
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Effective Date of this Agreement. With respect to any Sign operated or managed by SDE which
is not listed on Exhibit B, if any, SDE will discontinue operating/managing same as of the
Effective Date of this Agreement. If SDE owns any FDOT tags not included on Exhibit B, SDE
shall surrender all such tags, if any.
a. This Agreement only pertains to the Boardworks Sign as notated in
Exhibit B which is referred to interchangeably as "Sign" or "Sign Faces" throughout this
Agreement, notwithstanding the reference to the Hampton Inn credit for removal in Paragraph
3.b. below.
b. SDE has already removed the Boardworks Sign structure with the Sign
Faces listed on Exhibit B and is credited with removal of the Boardworks Sign and the Hampton
Inn Sign structure with its Sign Faces as listed on Exhibit B. Provided the City takes no action
to compel compliance with any City ordinances applicable to the Signs during the term of this
Agreement, with respect to the Sign structures and the Sign Faces listed on Exhibit B, SDE
hereby expressly waives any right to receive from the City just compensation or any other relief
therefore, 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. SDE will immediately remove any Sign that SDE owns within the
territorial limits of the City, as of the Effective Date, not listed on Exhibits B to this Agreement,
if any, and SDE hereby expressly waives any right to receive from the City just compensation
therefore, 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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d. 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 SDE be renegotiated.
4. Amended Permits. SDE currently has a permit with FDOT which is due to expire
or has expired and an expired/revoked permit for the Boardworks Sign in its original location.
In recognition of SDE's removal of the Sign structures and Sign faces described in this
Agreement and waiver of just compensation therefore, the City will amend a maximum of one
(1) sign permit (the "Amended Permit") to allow SDE to transfer the permit rights associated
with the Boardworks Sign to a new location with a maximum of two static or LED Sign Faces
and may be two 14" x 48' or two 12' x 40' Sign Faces which can be located back to back on one
monopole or two 10.6' x 36' Sign Faces on two monopoles (or alternatively four single faced
10.6' x 36' Sign Faces or one double faced and two single faced 10.6' x 36'Sign Faces), subject
to the terms and conditions set forth below:
a. The City will amend one (1) Sign permit for two static or LED Sign Faces
for the Boardworks Sign or two (2) Sign permits for the 10.6' x 36' static or LED Sign Faces based
on SDE's removal of its Signs listed on Exhibits B; SDE will initially attempt to find a suitable
location in District 1, 3, or 4. SDE will be permitted to find an alternative location in the City
subject to City Commission approval. References to "Amended Permit" includes two, three or four
permits if the sign size is 10.6' x 36'.
b. Except for the Amended Permit, all other Amended Permits, if any, will
allow signs only along those expressway segments identified in Exhibit D. Signs built on
expressway locations may be built to the Height allowed by FDOT regulations. Except for the
Amended Permit, no other Amended Permit will allow a Sign in a City -designated "Gateway".
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Furthermore, except for the Amended Permit, no other Amended Permit will allow Signs in any
Transect Zones more restrictive than the Zoning District formerly known as Zoning District C-1.
c. Upon application by SDE showing compliance with the provisions of this
paragraph, the City will amend existing Sign permits to allow for the transfer of permit rights
associated with such Sign to locations within the same or a less restrictive Zoning District. For all
permit applications for relocation of the Sign, SDE will submit FDOT Form 575-010-04 to the
City or such other form as may be required by FDOT, which will be stamped on the date received.
The City's signature on Page 2 of the FDOT Form 575-010-04 shall constitute approval of the
location of the Sign, and no further approvals from the City shall be required for said location
(hereinafter referred to as a "Permitted Location").
d. The City's signature on FDOT Form 575-010-04 shall not relieve SDE of
its obligations to comply with the Technical Regulations, the Florida Building Code, Base
Building Line, Height and the necessity to apply for an obtain a building permit for the relocation
of the Sign.
e. SDE will pay the City a one-time permit amendment fee in the amount set
forth in Paragraph 6(a) below.
f. During the term of this Agreement, except as set forth in 4(d) above, the
City shall take no action to compel the SDE Sign which is the subject of the Amended Permit to
come into compliance with City Sign ordinances currently or formerly in effect or hereafter
adopted. Subject to SDE'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) and 4(d), no
further City zoning authorization, building permit or other approval of any kind shall be required
for the Sign which is the subject of the Amended Permit.
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g.
SDE shall have the right to relocate and reconstruct the Sign in accordance
with the Relocation Standards attached hereto as Exhibit C. However, nothing contained in this
Agreement shall be construed to permit the relocation, construction, or installation of the Sign
without the consent of the owner of the real properly where it will be located. SDE and the City
acknowledge that SDE 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 SDE expressly waives any such claim arising out of such failure. SDE'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. No prejudice will result to SDE if the current FDOT permit expires prior
to execution of this Agreement.
i. LED Sign Faces must substantially comply with the design criteria in
Exhibit E attached hereto.
(i). LED Sign Faces facing in the same direction shall be placed at a minimum
of six hundred (600) feet apart, irrespective of whether they are placed on the same
or different sides of the roadway. In the case of LED Sign Faces located on
opposite sides of the roadway, the six hundred (600) feet shall be measured along
the nearest edge of the main traveled way of the roadway, highway or expressway.
(ii). The LED Sign Faces shall have digital advertising faces no larger than 14'
by 48'.
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(iii). LED Sign Faces shall allow for display of remotely changeable off -
premise advertising in intervals of at least eight seconds, or intervals required by
FDOT regulations whichever is greater.
(iv). All LED Sign Faces must comply with Florida Statutes, FDOT rules and
regulations, as amended, at the time of permitting.
(v). All LED Sign Faces shall comply with the following illumination criteria:
a. The LED Sign faces shall not operate at brightness levels of more than
0.3 foot candles above ambient light, as measured using a foot candle meter
at a pre-set distance or like measurement. Pre-set distances to measure the
foot candles impact vary with the expected viewing distances of each size
sign as follows:
Measurement distance criteria:
• 0 (zero) — 350 (three hundred fifty) square feet to be measured 150
(one hundred fifty) feet from source;
• 351 (three hundred fifty-one) — 650 (six hundred fifty) square feet
to be measured 200 (two hundred) feet from source;
• 672 (six hundred seventy-two) square feet to be measured 250
(two hundred fifty) feet from source.
b. Ambient Light Sensors. All LED Sign Faces shall have installed ambient
light sensors, and at all times allow such sensors to automatically adjust the
brightness level of the Sign Face based on ambient light conditions.
c. Default Design. All LED Sign Faces shall contain a design that shall
have a default mechanism built in to turn the display off or show "full black"
on the display in the event of a malfunction. Any LED Sign Face that
malfunctions, fails, or ceases to operate in its usual or normal programmed
manner, causing motion, movement, flashing or other similar effects, shall
be restored to its normal operation conforming to the requirements of this
Paragraph within twenty-four (24) hours.
(vi) In the event it becomes a necessity for SDE to relocate a LED Sign
Face(s), or SDE, in its sole discretion, determines that it is not economically viable,
or it is for any reason unable to install and/or operate an LED Sign Face(s), SDE
shall have the right to transfer and/or assign such LED Sign Face(s) to an approved
assignee pursuant to the assignment provisions in Paragraph 19(f) below or have
them managed and operated as per Paragraph 4.1. Such a transfer shall not affect
SDE's right to maintain the static sign faces on the Sign in lieu of such LED Sign
Face(s).
j. The City will be permitted to use the LED Sign Faces through the State of
Florida's Office of Emergency Management ("OEM"), upon official activation of the OEM for
emergency reasons such as hurricanes, amber alerts, and police or fire emergency situations. Such
access shall be subject to any agreements SDE has in place from time to time with the FBI, State
of Florida and the OEM.
k. SDE agrees to comply with and be bound by all federal, State of Florida,
Miami -Dade County and City regulations regarding LED Signs adopted prior to the Effective
Date of this Agreement, but during the term of this Agreement, the City shall take no action to
compel any SDE Sign structure and LED Sign Face which is the subject of an Amended Permit
or Amended LED Permit to come into compliance with City Sign ordinances currently or
formerly in effect or hereafter adopted and the City shall take no actions to diminish SDE's rights
to maintain and operate such Sign structures and LED Sign Faces, including any Sign structures
and LED Sign Faces which are subject to Amended Permits or Amended LED Permits which are
later relocated, if any.
Subject to the terms hereof, the City shall not be liable to SDE in any manner for
damages, financial or otherwise, should any governmental body other than the City, by or through
its own actions, adopt or interpret any sign regulations that affect SDE's ability to display LED
Sign Faces in the future. SDE shall bear the risk of erecting and/or displaying LED Sign Faces;
provided, however, SDE shall not be required to make any NEA LED Payments under this
Agreement for any LED Signs erected hereunder, which are not permitted to operate as set forth
in this Agreement as a result of such regulations. In addition, SDE shall be entitled to all rights
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and remedies set forth in this Agreement including the right to seek just compensation, relocate
such Structures or enforce the provisions of this Agreement.
1. SDE shall be permitted to enter into agreements to manage and operate
the Sign and/or LED Sign Faces. Additionally, SDE shall be permitted to enter into agreements
to manage and operate the LED Sign Faces on signs that are included in any relocation and
reconstruction agreement with the City pursuant to Chapter 62, Article XIII, Division 6 of the
City Code, as amended, provided that such Sign and/or LED Sign Face(s) is in compliance with
the terms and conditions of this Agreement or a relocation and reconstruction agreement, as
applicable. However, SDE shall provide written notice to the City within 30 days of entering into
any agreement to manage and/or operate the Boardworks Sign and/or LEDs, or any other signs
permitted by this paragraph, but no further City consent shall be required.
5. Default.
a. 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.
b. In the event SDE 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.
c. In the event the City fails to perform its obligations under this Agreement,
after written notice and a thirty (30) day cure period, SDE shall be entitled to all legal and
equitable remedies allowed under Florida law, including, but not limited to, the remedies of
specific performance.
6. Status of Remaining Signs.
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There are no other signs owned by SDE remaining in the City of Miami. Pursuant to
Paragraph 7 below, upon issuance of the Amended Permit, SDE will own one single sign with
two Sign faces.
a. SDE will pay the City an amended permit issuance fee of $2,500 for this
Sign. During the term of this Agreement, the Sign for which the amended permit is issued shall
be deemed a lawful Sign or lawful nonconforming Sign, as applicable, under all applicable City
Codes and ordinances, but only for so long as said Sign is owned and/or operated by SDE or its
assigns as assigns are defined in paragraph 19(f) below. Upon completion of the issuance of the
Amended Permit, the City shall not require SDE to obtain any further permits or approvals from
the City for the Boardworks Sign other than the payment of annual renewal fees as specified
herein. SDE shall maintain and keep in good repair its Sign for which the Amended Permit is
issued, and the City will issue any permits which may be required for SDE to exercise its
maintenance and repair obligations under this Paragraph as long as they are in conformity with
required law not inconsistent with this Agreement.
b. During the term of this Agreement, except as provided in Paragraph 4(d)
above, the City shall take no action to compel the Sign for which the City issues the Amended
Permit to be removed or to come into compliance with City Sign ordinances currently or formerly
in effect or hereafter adopted. In the future the City may adopt additional ordinances regulating
Signs. During the term of this Agreement, however, the City shall take no action to compel SDE
Signs for which the City issues the Amended Permit to come into compliance with City Sign
ordinances currently or formerly in effect or hereafter adopted. During the term of this
Agreement, the Sign erected pursuant to the Amended Permit may remain as lawful, lawful non-
conforming uses, or lawful non -conforming characteristics of uses as currently or hereafter
constructed. During the term of this Agreement, SDE may replace, reconstruct, repair, maintain,
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and upgrade (which shall not include increasing the sizes, number of faces or any
nonconformities) the Sign erected pursuant to Amended Permit. The City will issue SDE any
permit necessary to effectuate the purposes of this paragraph as long as it is in conformity with
required law not inconsistent with this Agreement. Nothing herein contained shall relieve SDE
from complying with the Technical Regulations.
c. Any City Sign regulation adopted prior to or after the Effective Date of this
Agreement shall not be applied to diminish SDE's rights under this Agreement.
d. SDE and the City acknowledge that SDE bears the sole risk of finding,
securing, and maintaining the sites for the Signs it owns and/or operates, including any replacement
Signs, 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 SDE
expressly waives any such claim.
7. Payments to City and Issuance of the Amended Permit. Based on the parties'
respective undertakings set forth herein, the City has agreed to issue the Amended Permit to SDE as
set forth in paragraph 4 and SDE agrees to make certain payments to the City as provided herein:
a. SDE will pay the City a one-time permit amendment fee in the amount of
$2,500 for issuance of the Amended Permit.
b. At such time as a location for replacement and reconstruction of the
Boardworks Sign is determined, the City shall deliver a completed and fully executed FDOT Form
575-070-04 for the Amended Permit certifying that, for the address of the Sign location to be
determined, it is or will be in compliance with all duly adopted local ordinances not inconsistent with
this Agreement and has been or will be issued the necessary City permits. The executed forms and
applications for the Amended Permit shall constitute approval of the location of the sign which is the
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subject of the Amended Permit, and no further approvals from the City shall be required for the
Amended Permit.
c. The Sign removal requirements for the Amended Permit shall be deemed
satisfied by SDE's prior removal of the Signs listed on Exhibit B.
d. No Amended Permit shall authorize more than two (2) Sign Faces.
8. Annual Fees to City:
a. Once the City has issued an Amended Permit to SDE and the corresponding
authorized Sign has been constructed (the "SDE Sign"), SDE will pay the City the sum of Three
Thousand Dollars ($3,000.00) per year for the Amended Permit ("Annual Fee") for each back to back
static Sign Face. SDE shall continue to make payment to the City as set forth above, provided that the
Sign Face(s) contemplated by the issued Amended Permit remain erected. If prior to the Termination
Date, any SDE Sign Face for which the City has issued SDE an Amended Permit is removed and the
Sign Face cannot be relocated as provided herein, the Annual Fee paid to the City by SDE for that
Sign Face shall not be required to be paid.
The Annual Fee shall not be increased until 2028 when it may
be increased by a 5.0 percent increase from the prior year. The City may increase the Annual Fees
each year thereafter by an amount not to exceed 5.0 percent.
b. If relocation or replacement of a Sign Face becomes a necessity, SDE will
pay the City a relocation/replacement administrative fee of two thousand five hundred dollars
($2,500) payable at the time of the relocation/replacement application to cover the reasonable
administrative costs of processing such relocation/replacement application for the Sign Face. As
used herein, "necessity" shall have the meaning defined in Exhibit C. The proposed
relocation/replacement of the Sign listed herein meets the necessity criteria on Exhibit C.
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c. Upon issuance by the City of a building permit for an LED Sign Face, SDE
shall pay the City a one-time lump sum permit fee to be separately accounted for and credited to
the commission district in which the Sign is located according to the terms set forth in Paragraph
11 below as follows:
(i)
Seventy five thousand dollars ($75,000) for each 14' x 48' LED Sign Face,
with $37,500 paid within five (5) business days of issuance of the permit and
$37,500 paid upon final inspection and approval of the LED Sign Face. If SDE
applies for two 14' x 48' LED Sign Faces simultaneously, SDE shall pay to the
City a total of one hundred fifty thousand dollars ($150,000), with $75,000 paid
within five (5) business days of the date of issuance of the permits and $75,000
paid upon final inspection and approval of the LED Sign Faces.
(ii) Fifty thousand dollars ($50,000) for each 12' x 40' LED Sign Face with
$25,000 paid within five (5) business days of the date of issuance of the permit
and $25,000 paid upon final inspection and approval of the LED Sign Face. If SDE
applies for two 12' x 40' LED Sign Faces simultaneously, SDE shall pay to the
City a total of one hundred thousand dollars ($100,000), with $50,000 paid within
five (5) business days of the date of issuance of the permits and $50,000 paid upon
final inspection and approval of the LED Sign Faces.
(iii) Twenty-five thousand dollars ($25,000) for each 10.6' x 36' LED Sign Face with
$12,500 paid within five (5) business days of the date of issuance of the permit
and $12,500 paid upon final inspection and approval of the LED Sign Face. If SDE
applies for two 10.6' x 36' LED Sign Faces simultaneously, SDE shall pay to the
City a total of fifty thousand dollars ($50,000), with $25,000 paid within five (5)
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business days of the date of issuance of the permits and $25,000 paid upon final
inspection and approval of the LED Sign Faces.
9. 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, SDE 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.
10. Replacement and Relocation of Signs. In the event it becomes a necessity for
SDE to replace a Sign Face or to replace or relocate the Sign Face that is relocated to a new site in
accordance with this Paragraph (each such Sign Face collectively referred to herein as an "Affected
Sign"), the City will authorize SDE to replace/relocate such Affected Sign on the same site
(including abutting parcels assembled into one ownership) or to relocate such Affected Sign to a
new site in accordance with the attached as Exhibit C. As used herein, "necessity" shall have the
meaning defined in Exhibit C. This right to maintain, replace and relocate Signs 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 diminish SDE's
rights to maintain and operate the Signs constructed pursuant to this Agreement. 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. SDE and the
City acknowledge that SDE 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
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take advantage of the replacement right granted herein shall not give rise to any claim for
compensation or other relief from the City, and SDE expressly waives any such claim.
SDE will pay the City a non-refundable permit fee of $2,500.00 at the time of application
for each Affected Sign that is relocated in accordance with this paragraph in order to cover the costs
associated with the review and preparation of the amendment to the Affected Sign permit. This fee
shall be in addition to all other applicable fees associated with erecting said new structure.
11. Public Service Projects.
a. For the next 25 years, SDE will, as space is available, provide outdoor
advertising space to the City within the limits of the City of Miami, with a "minimum retail value"
of no less than $10,000 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 SDE 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) If the City does not achieve the annual $10,000 minimum retail
value during a particular year due to the failure of SDE 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.
(iii) 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.
(iv) The Outdoor Rates published by SDE each year shall be utilized
for calculating the retail value received by the City each year.
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b. For so long as this Agreement remains in effect, SDE will fund an annual
Neighborhood Enhancement Account ("NEA") as follows:
(i)
$5,000.00 for each of the Amended Permits for static sign faces, as
long as such Sign Structure remains standing, or a Sign has been erected in
a substitute location; or
(ii.) $21,000.00 for each of the Amended Permits for 14' x 48' LED Sign
Faces as long as such Sign Structure remains standing, or a Sign has been
erected in a substitute location; or
(iii.) $15,000 for each of the Amended Permits for 12' x 40' LED Sign
Faces as long as such Sign Structure remains standing, or a Sign has been
erected in a substitute location; or
(iv.) $7,500 for each of the Amended Permits for 10.6' x 36' LED Sign
Faces as long as such Sign Structure remains standing, or a Sign has been
erected in a substitute location; and
(v) One hundred percent (100%) of all NEA fees shall be separately
accounted for and credited to the Commission District in which such Sign
is located. All such funds shall remain designated for expenditure within
that Commission District unless otherwise approved by the City
Commission. The total annual NEA fees generated by each Sign Face size
for twenty-five (25) years is indicated on Composite Exhibit F.
(vi) NEA fees may be appropriated by the City Commission and
expended for any lawful public purpose that benefits, enhances, improves,
beautifies, preserves, activates, or promotes the quality of life, cultural
resources, economic viability, public spaces, infrastructure, appearance,
18
safety or neighborhood charter of the Commission District in which the
funds were generated.
(vii) Eligible expenditures may include, without limitation,
1. grants to nonprofit organizations serving residents of the
Commission District;
2. public art and Art -in -Public Places projects;
3. the acquisition, commissioning, design, fabrication, installation,
exhibition, maintenance, conservation, restoration, repair
insurance, relocation, or replacement of public artwork;
4. murals, sculptures, monuments, memorials, gateway features,
artistic lighting, cultural installations, and similar public
improvements;
5. streetscape, beautification, landscaping, tree -canopy, lighting,
signage, sidewalk, bicycle, pedestrian, and public -realm
improvements;
6. parks, plazas, waterfronts, greenways, trails, open -space
improvements, and recreational amenities;
7. neighborhood identity, historic preservation, cultural,
educational, and community -enhancement initiatives;
8. capital improvements and public facilities serving the
Commission District; and
9. other lawful municipal purposes approved by the City
Commission that provide a direct benefit within the
Commission District; and
19
10. without limiting the foregoing, NEA fees may be used to
acquire, commission, install, maintain, insure, conserve, restore,
and replace permanent or temporary works of public art located
on public property or on private property subject to a public -
access easement within the Commission District.
c. Neighborhood Enhancement Account fees (the NEA Payments) shall
commence no earlier than the one-year anniversary of the payment of the initial permitting fee for
each LED Sign Face. Thus, for years two and three following approvals, the NEA Payments for
each LED Sign Face shall be in the amount described above, depending on the Sign Face size.
Thereafter, the NEA Payments will include a three percent (3%) adjustment over the first annual
NEA payment (the Adjustment Amount). Thereafter the NEA Payment shall be increased at a rate
of three percent (3%) per annum over the Adjustment Amount, beginning on the third anniversary
of the first NEA Payment for each LED Sign Face. The City shall invoice SDE for each annual
NEA Payment when due on such anniversary dates. SDE shall pay each NEA Payment within
five (5) business days of the date of the invoice.
Notwithstanding the foregoing provisions of this paragraph, the second annual
NEA Payment for each LED Sign Face will take into account the period of time for which an
Amended LED Permit was not in effect for the respective LED Sign Face during the City' s prior
fiscal year. For avoidance of doubt and by way of example only, if an Amended LED Permit is
issued on July 15, 2026, then SDE shall pay to City one-half of the applicable NEA Payment on
July 1, 2026 to account for the 6 months that no Amended LED Permit was in effect for such LED
Sign Face.
The City will provide SDE with a credit toward the next NEA Payment due for an
Amended LED Permit issued under this Agreement (the "NEA Payment Credit") in the event that:
20
(i) a City issued Amended LED Permit expires without the applicable LED
Sign Face being erected; or
(ii) an affected LED Sign Face is unable to be relocated and reconstructed under
Paragraph 11 below.
The NEA LED Payment Credit shall continue so long as an LED Sign Face is not in service.
d. If relocation or replacement of the Sign becomes a necessity, SDE will pay
the City a relocation/replacement administrative fee of two thousand five hundred dollars ($2,500)
payable at the time of the relocation/replacement application to cover the reasonable administrative
costs of processing such relocation/replacement application for the Sign. As used herein,
"necessity" shall have the meaning defined in Exhibit C. The proposed relocation/replacement of
the Sign listed herein meets the necessity criteria on Exhibit C.
e. In the event it becomes a necessity for SDE to relocate an LED Sign Face(s)
from the Sign, through no fault of SDE, (the "Affected LED Sign Face"), SDE shall have the right
to transfer the Affected LED Sign Face to an "Alternate Location" in accordance with the criteria
in Exhibit C attached hereto. Notwithstanding anything to the contrary in this Agreement, SDE
may be permitted to transfer the Affected LED Sign Face so as to place back-to-back LED Sign
Faces at an Alternate Location in accordance with this Amendment. As used herein, the term
"necessity" shall have the meaning defined in Exhibit C attached hereto. SDE will pay the City
five thousand dollars ($5,000) for the relocation and reconstruction of an Affected LED Sign Face
in order to cover the reasonable administrative costs of processing such relocation/replacement
application for the Affected LED Sign Face.
12. Pending Cases, Vacating of Liens. Because the lien arising out of Code
Enforcement Case No. CE2010002912 relating to the Sign listed on Exhibit A has been fully
21
satisfied and there are no pending cases which require dismissal, this paragraph is no longer
applicable to this Agreement. To be consistent with the Settlement Agreements, however, SDE
shall remit to the City a permit fee in the amount of $1500.00 for each year from 2010 through
2019, for a total of $15,000.00, which sum shall be payable immediately upon execution of this
Agreement by the parties. The $15,000 shall be credited to the Boardworks Sign District as the
past equivalent of unpaid fees due and to be allocated to District 5 for any of the purposes
permitted by Paragraph 11.b. above and as needed by the District.
13. Property Owners Protected. During the term of this Agreement, so long as SDE
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 SDE's Signs are located, as to
SDE's Signs.
14. Tenn 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.
15. 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 SDE'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 SDE and SDE shall
immediately correct the problem, and if SDE fails to immediately correct the problem, the City may
22
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 SDE as grounds to invalidate this
Agreement. Notwithstanding anything to the contrary in this Agreement, SDE'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
Amended Permit.
b. Except as expressly provided in paragraph 3 herein, nothing in this
Agreement affects SDE'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 SDE.
16. Further Assurances and Cooperation.
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, SDE 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 SDE will
assist in this effort as requested by the City. As long as the City complies with this Agreement, neither
SDE, nor any of its subsidiaries, 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
SDE'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.
17. Notice. All notices or other communications required or permitted hereunder shall
be in writing and shall be delivered to the persons listed below:
As to SDE: Santiago Echemendia
808 Brickell Key, Dr., Unit 3306
23
With a copy to:
And a copy to:
To the: City of Miami
With a copy to:
Miami, FL 33131
Claudia M. McKenna, Esquire
4464 Coconut Road
Lake Worth, Fl 334621
Telephone: (561) 307-6413
Thomas R. Julin, Esquire
Brickell World Plaza
600 Brickell Avenue, Suite 3500
Miami, FL 33131
Telephone: (305) 376-6007
James Reyes, City Manager
City of Miami
350 Pan American Drive
Miami, Florida 33133
Telephone: (305) 250-5300
George K. Wysong, III, Esquire
City Attorney
City of Miami
350 Pan American Drive
Miami, Florida 33133
Telephone: (305) 416-1800
19. Miscellaneous.
a. 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.
b. 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.
24
c. 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.
d. 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.
e. 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 subject to the following
terms:
(i.) Subject to approval by the City Manager or its designee (which approval
shall not be unreasonably withheld, conditioned or delayed), SDE shall have
the right to assign some or all of its rights and obligations under this Agreement,
or to transfer some or all of its Sign inventory in the City to an assignee or
transferee, as the case may be, that has, prior to the Effective Date of this
Agreement, entered into a relocation and reconstruction agreement with the
City pursuant to Chapter 62, Article XIII, Division 6 of the City Code, as
amended, provided: (i) that SDE is in compliance with the terms and conditions
of this Agreement, (ii) the assignee or transferee is also in compliance with the
terms and conditions of its relocation and reconstruction agreement, and (iii)
the assignee or transferee executes an agreement with the City to be bound by
the terms and conditions of this Agreement with respect to the right and
obligations of Sign(s) to be transferred and/or assigned by SDE. If the City
Manager or designee determines that SDE is not in compliance with the SDE
25
Agreement or that the proposed assignee or transferee is not in compliance with
its relocation and reconstruction agreement, the City Manager or designee shall
give notice specifying the details of the non-compliance, within thirty (30) days
of being notified in writing that SDE desires to make a transfer or assignment
under this subparagraph. SDE and/or the assignee or transferee shall have sixty
(60) days from the date of receipt of notification from the City to cure the non-
compliance described in said notice and obtain approval of the transfer or
assignment from the City.
(ii) SDE may assign some or all of its rights and obligations under this
Agreement, or to transfer some or all of its Sign inventory to an assignee or
transferee, as the case may be, that has not entered into a relocation and
reconstruction agreement with the City pursuant to Chapter 62, Article XIII,
Division 6 of the City Code, as amended, provided that: (i) the City Commission
consents (which consent shall not be unreasonably withheld, conditioned or
delayed) to the assignment or transfer; and (ii) the City Commission approves
(which approval shall not be unreasonably withheld, conditioned or delayed) a
relocation and reconstruction agreement with the assignee or transferee pursuant
to Chapter 62, Article XIII, Division 6 of the City Code, as amended. A transfer
of or assignment under this Subparagraph shall be deemed effective once the fully
executed relocation and reconstruction agreement with the transferee or assignee
is recorded in the Public Records.
(iii) Any partial transfer of SDE's Sign inventory in the City of Miami or
assignment of SDE's rights and obligations under this Agreement shall not relieve
SDE of its obligations under the SDE Agreement for the remaining non -assigned
or non -transferred Sign inventory.
(iv) The City Commission' s consent shall not be required for an assignment by
SDE of all of its rights and obligations of this Agreement or transfer of its Sign
inventory in the City as a result of any corporate merger, consolidation, or
reorganization to any entity controlled, controlling or under common control with
SDE, provided such assignee assumes the obligations of SDE under this SDE
Agreement.
(v) Any attempted transfer or assignment in violation of this Paragraph
shall be void.
f. Representations. SDE hereby represents and warrants that it: (a) is a
limited liability corporation in good standing under the laws of the State of Florida; (b) is duly
authorized to transact business in the State of Florida; and (c) has taken all corporate actions
necessary to authorize execution and performance of this Agreement. The City hereby represents
and warrants that: (a) it is empowered to enter into this Agreement; and (b) this Agreement has
been duly authorized by the Board of City Commissioners of the City of Miami pursuant to the
requirements of Florida law.
g.
Amendments. No change in, or addition to, this Agreement shall be
enforceable unless evidenced by a writing executed by the parties. Any such enforceable
amendment(s) shall become effective on the date stipulated therein.
h. Release and Waiver. Any condition to a parry'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
27
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 SDE, its agents,
employees, officers, directors, subsidiaries, 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 Exhibits
B and C or subject to the Amended Permit or Secondary Amended Permit 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 listed in Exhibits B and C, or against Signs
not subject to the Amended Permit or Secondary Amended Permit. In addition, the
City does not waive its right to enforce its ordinances against Signs not listed in
Exhibits B and C, or against Signs not subject to the Amended Permit or Secondary
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 SDE's
Signs are located, to the same extent SDE is released.
(ii) SDE, for itself, and for the owners of the property where its Signs are
located, and to the extent SDE 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, SDE 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.
28
(iii) Neither SDE nor the City shall be deemed to have waived any right
to bring an action to enforce the terms, conditions and limitations of this
Agreement.
i. Compliance With Electrical and Structural Codes, Setbacks and
Encroachments; Indemnification. SDE acknowledges and agrees that this Agreement does not in any
way alleviate SDE's responsibility to comply with all Technical Regulations in removing, relocating,
maintaining, repairing or in reconfiguring any Sign face or Sign structure, and SDE shall not be
excused from complying with the Technical Regulations, and set back and 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, SDE will ensure that all columns,
foundations, and overhangs are within the Base Building Line. The City will issue SDE any permits
or authorization that may be required to enable SDE to comply with this paragraph. Further, SDE
shall indemnify and hold the City harmless for any injury either to person or property that results
from an SDE Sign structure or associated Sign face.
Additionally, SDE agrees to indemnify, defend and hold the City harmless from and
against all claims asserted by any person seeking to challenge the efficacy, validity or
constitutionality of this Agreement, or any ordinance or resolution enacted to adopt this
Agreement, or claiming this Agreement confers rights on that person against the City which the
City disputes or which the City does not wish to confer. SDE reserves the right, however, in its
sole discretion, to terminate this Agreement at any time. Upon termination, SDE shall have no
further obligation to indemnify, defend or hold the City harmless from the aforementioned claims.
The City shall promptly furnish a copy of any such claim to SDE within seven (7) business days
of receipt of same. SDE shall promptly provide the City with the names of three attorneys with
the appropriate background and experience from which the City may choose the counsel to defend
29
such claim. SDE shall have the right to control the defense, subject to reasonable input from the
City. If the City desires to take over the defense, it shall have the right to do so, but, in such event,
SDE's obligations under this Agreement shall be terminated. SDE shall have the right to settle or
compromise the claim, provided that such settlement does not impose any liability or obligation
on the City, or if such is not the case, provided that such settlement shall require the City's express
written approval, which approval shall not be unreasonably withheld, conditioned or delayed. If
a settlement results in recovery by the City of damages and/or attorneys' fees, SDE shall be entitled
to reimbursement of all sums paid on the City's behalf to the extent such recovery covers such
sums.
j. Invalidity. If any section, phrase, or portion of this Agreement is for any
reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions hereof. In the event this Agreement is invalidated by a third
party, then the parties hereto shall be returned to their respective legal positions as such existed on
the date one day prior to the Effective Date of this Agreement.
k. Integrated Agreement. Each party's obligations hereunder are dependent
upon performance of the material obligations of the other party.
1. Effective Date. This Agreement shall become effective as of the date
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 SDE (herein the
"Effective Date").
m. Percentages. Whenever calculations involving percentages are utilized in
this Agreement, the resulting figure shall be rounded up to the nearest whole number.
30
n. Measurement of Distances. Distances specified under this Agreement, and
all exhibits thereto, shall be measured along the nearest edge of pavement of the main traveled
way of the roadway to which a Sign is permitted.
o. Most Favored Nation. Consistent with the Settlement Agreements, if the
City reaches a settlement agreement or amended settlement agreement with any other billboard
owner, SDE may elect to be governed by all terms, conditions, covenants, and restrictions
contained in that settlement agreement or amended settlement agreement. If SDE elects to be so
governed, it shall give written notice of its election to the City Attorney or designee within 60 days
of SDE's receipt of notification of such agreement. The election shall be effective as of the date
of the election and shall not be retroactive. In such event, SDE and the City shall enter into an
amendment to this agreement, approval of which shall not be withheld, conditioned or delayed.
CITY OF MIAMI SDE MEDIA, LLC
By: By:
Title:
Dated:
Attest:
Todd B. Hannon, City Clerk
Dated:
Title:
Dated:
Approved as to form and correctness: Approved as to Insurance Requirements:
George K. Wysong, III, City Attorney Division of Risk Management
31
Dated:
32
Exhibit List
Exhibit A — Gateway Signs
Exhibit B — Signs already removed as consideration for the Amended Permit and LED Sign
Faces (Boardworks and Hampton Inn)
Exhibit C — Relocation Standards
Exhibit D — Expressway Segments
Exhibit E — Design Criteria
Exhibit F — Composite of Twenty -Five Year Annual NEA Fee Calculation
33
City of Miami
City Designated Gateway Boundaries
Mayor Eileen Higgins- Citywide
Commission Districts
I— 7 1 - Miguel Angel Gabela
O 2 - Damian Pardo
O 3 - Rolando Escalona
O 4 - Ralph Rosado
O 5 - Christine King
Gateway Boundaries
City of Miami Boundary
N
0.5 1 2Mites
rwimmcxwa `ammoroeaew.we..ati.
jr-
EXHIBIT B
Relevant SDE signs:
1. Boardworks Sign: FDOT tag as single monopole sign with 2 faces located at
555 NW 79 Street, Miami, Florida.
2. Hampton Inn Sign: FDOT tag as single monopole sign with 2 faces located at
299-301 SW 17 Road, Miami, Florida.
3
EXHIBIT C
All relocations by SDE Media must meet the following criteria:
1. Signs shall only be relocated to the following zoning classifications of the
Miami 21 Zoning Code:
a. T 5-O or a more liberal classification including, without limitation, the
zoning classifications referenced in lb, lc, Id, le and 1 f below;
b. CI;
c. CIHD;
d. D1;
e. D2; or
f. D3
2. No sign shall be located within 300 11
3. Nothing contained herein shall prevent
the zoning classifications set fort
code or amending or repealing the
Miami Comprehensive Ne; ijorrhoo
be relocated to zoning :'sifi ions
a T-3 zoning district.
ity from amending or repealing
above, enacting a new zoning
and Use Map, as defined in the
Ian. However, in such event, the Signs may
at permit any of the following uses:
a. Hotels and m:; genera office uses, clinics and laboratories,
audi � I,wy.libi-s, convention facilities, places of worship, and
pr .. ry an • : secs' dary schools, general retail, personal and
pro ices, real estate, banking and other financial services,
resta ,Zfs, = s, saloons and cafes, general entertainment facilities,
private c ' and recreation facilities, major sports and exhibition or
entertainment facilities, commercial marinas, retailing of second hand
items, automotive repair services, new and used vehicle sales and
services, parking Tots and garages, heavy equipment sales and service,
building material sales and storage, wholesaling, warehousing,
distribution and transport related services, and other commercial
activities whose scale and land use impacts are similar in nature to those
uses described herein.
b. Facilities for federal, state and local government activities, major public
or private health, recreational, cultural, religious or educational activities,
and major transportation facilities and public utilities.
1
c. Industrial activity, such as manufacturing, distribution, processing,
assembly, auto -related activities, storage activities, wholesaling,
warehousing, fabrication of materials and equipment, repairs of
materials, equipment and vehicles.
4. The relocation shall comply with the requirements of Miami 21, except as set
forth in paragraphs 1 and 2 above.
5. The relocation shall not be to a Gateway, except that, if the Sign being
removed is located in a Gateway, the relocated sign may be relocated in a
Gateway.
6. The fee for the relocation shall be $2,500.00, not including building permit
fees.
7. Signs shall only be relocated when relocatio s a''t essity. A relocation is a
necessity when the billboard company sub its an a o. ,vit or declaration to the
City that one or more of the following `ditio.s are pre ent at the existing
location:
(a) Loss of a lease;
(b) Visibility of a Sign fromnded to be viewed is diminished;
(c) Expiration .. or te�a inatio '_•f a lease;
es a requirement in a lease to remove a Sign from
(e) Re jai of a bgn by any government entity through the power of
eminen n, and/or
(f) The billboard company is unable to install or continue operating a Sign
at the existing location.
2
EXHIBIT D
Amended Permit Sites are currently limited to Districts 1, 3 and 4.
EXHIBIT E
Brushed Aluminum FramQ and Decorative Pole Cover
,
`'''''spv,ANst,,,Ta"ledir'riuFTFAca'rp....2E4
PUNTEP METALLIO WES. OVaRLAY
OH PNWTEO ELAO1(
COMPOSITE EXHIBIT "F"
Bulletin Size 14x48 12x40 10.6x36
Year 1 75,000 50,000 25,000 *
Year 2 21,000 15,000 7,500
Year 3 21,000 15,000 7,500
Year 4 21,630 15,450 7,725
Year 5 21,649 15,464 7,732
Year 6 21,668 15,477 7,739
Year 7 21,688 15,492 7,746
Year 8 21,709 15,506 7,753
Year 9 21,730 15,522 7,761
Year 10 21,752 15,537 7,769
Year 11 21,775 15,553 7,777
Year 12 21,798 15,570 7,785
Year 13 21,822 15,587 7,794
Year 14 21,847 15,605 7,802
Year 15 21,872 15,623 7,811
Year 16 21,898 15,642 7,821
Year 17 21,925 15,661 7,830
Year 18 21,953 15,681 7,840
Year 19 21,982 15,701 7,851
Year 20 22,011 15,722 7,861
487,710 344,793 172,396
*ONE TIME LUMP SUM PAYMENT PER LED SIGN FACE