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R16-091RESOLUTION NO. R16 -091 1 1 1 1 1 1 1 1� 1 1 2 2 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AMENDED OUTDOOR LEASE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND WILTON MANORS STREET SYSTEMS, INC FOR ONE (1) OUTDOOR ADVERTISING STRUCTURE WITH TWO (2) ELECTRONIC CHANGEABLE SIGN FACES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE LEASE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 3, 2012 the City Commission approved Resolution No. R12 -058 entering into a lease agreement with Wilton Manors Street Systems, Inc., to lease a portion of the Public Works site located at 510 NW 14 Court to erect one (1) outdoor advertising structure with two (2) static advertising faces; and WHEREAS, Wilton Manors Street Systems, Inc., requested to upgrade the two (2) static advertising faces to two (2) electronic changeable sign faces (LED) digital advertising technology in compliance with Chapter 479 of the Florida Statutes, Chapter 14 -10 Florida Administrative Code; and WHEREAS, as part of the amended agreement, the annual base rent will be increased from $24,750 to $50,000 with an additional 3% increase per year after the first year; and WHEREAS, the City Commission of the City of Boynton Beach, Florida deems it to 0 be in the best interests of the City residents to approve the amended Outdoor Lease Agreement between the City of Boynton Beach and Wilton Manors Street Systems, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF S: \CC \WP \Resolutions\2016 \R16 -091 Wi Ito n_ Manor_ Street_ Systems_Amendment _ to_Lease_Agreement_ = Reso.doc THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida hereby approves the amended Outdoor Lease Agreement with Wilton Manors Street Systems, Inc., a copy of which is attached hereto as Exhibit "A ". Section 3 . The Mayor and City Clerk are authorized to sign the amended Lease Agreement. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 1 day o , 2016. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Mack McCray Commissioner — Justin Katz c �— Commissioner — Christina L. Romelus Commissioner — Joe Casello VOTE�� ATTEST: - , X,-/O 7 — J ' h A. Pyle, CMC erim City Clerk (Corporate Seal) S:\CC\WP\Resolutions\2016\RI6-O9lWiltor nt - Reso.doc OUTDOOR LEASE AGREEMENT 1. This Lease Agreement ( "Lease ") is effective this 5 day of , 2016, and entered into by the City of Boynton Beach, a Florida Municipality ( "Landlord ") and Wilton Manors Street Systems, Inc., a Florida corporation ( "Tenant "). Landlord hereby leases to tenant a portion of the real estate commonly known as the City of Boynton Beach Public Works Site located at 510 NW 14t Court in the City of Boynton Beach, County of Palm Beach, in the State of Florida ( "Property ") whose permanent property parcel identification number 08434521340010000 and legal description are attached together with a site plan as Exhibit "A ". The Property is leased for the purpose of erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating, repairing, repositioning and /or removing one (1) outdoor advertising structure, which shall contain two (2) electronic changeable sign faces (light-emitting diode — "LED) digital advertising technology in compliance with Chapter 479 of the Florida Statutes, Chapter 14 -10 Florida Administrative Code, and that certain Settlement Agreement dated October 5, 2001, attached as Exhibit "B ", including, without limitation, fixture connections, electrical supply and connections, panels, signs, copy and any equipment and accessories as Tenant may place thereon (collectively, the "Structure "). Wilton Manors Street Systems, Inc. currently holds the rights to two of the nine outdoor advertising structures contemplated by the Settlement Agreement. The Structure contemplated by this Lease shall constitute one of Wilton Manors Street Systems, Inc.'s two outdoor advertising structures. The Settlement Agreement remains in full force and effect in all respects except that should Wilton Manors. Street Systems, Inc., its licensees, heirs, successors or assigns requests to erect the one additional outdoor advertising structures permitted by the Settlement Agreement, the City agrees to approve, permit and allow for either or both of the sign faces on that structure to contain electronic changeable sign faces (light- emitting diode ( "LED ")) digital advertising technology for that outdoor advertising structure. This Lease includes all necessary rights of ingress and egress and utility access. Further, Tenant may license the use of the Structure, or any portion thereof, for any lawful purpose. `\ *IV 2. Term: This Lease shall be in effect for an initial term of Thirty (30) Years, commencing on the first day of the first month following completion of construction as indicated by a Final Inspection approval by the City of Boynton Beach. If another government or quasi - government entity acquires the property, then the Lease shall be extended to the date which is 30 years from the date of acquisition. 3. Rent: The Structure shall contain two (2) Electronic Changeable Sign Faces (light - emitting diode — "LED ") digital advertising technology: Tenant shall apply for necessary approvals for the installation of two (2) Electronic Changeable Sign Faces to be permanently installed on the south facing and the north facing (for northbound and southbound traffic on Interstate 95) of the Structure.. Within 150 days of issuance of the necessary approvals for the installation and operation of two (2) Electronic Changeable Sign Faces to be installed on the Structure, Tenant shall purchase and install the Electronic Changeable Sign Faces and, upon final inspection and approval by the City of Boynton Beach, on the first day of the first month following such final inspection approval by the City, Tenant shall pay the City the first Annual Base Rental sum of $50,000. On the first anniversary of the Lease and on every anniversary thereafter, the Annual Base Rent shall be increased by the sum of three per cent (3 %) per year over the previous year. (1) Promotional Digital Advertising Space to the City. As additional compensation, Tenant shall provide Landlord with digital advertising space on the Structure to advertise and promote the City of Boynton Beach and community events and programs within the City (i.e.; events such as the City's annual Founder's Day). In consideration for the execution of this Agreement and improvement to digital advertising technology by Landlord, at no cost or expense to the City of Boynton Beach, Tenant agrees to provide to the City of Boynton Beach one guaranteed cycle in a standard rotation on the Electronic Changeable Sign Face(s) of the Structure for five (5) blocks of time during each calendar year with each block being two (2) weeks long. In addition to these blocks of time, Tenant will also make a spot available in the sign rotation for times of State declared emergency, for example, and by way of illustration and not limitation, prior to, during and after a hurricane. it iiPi • (2) Ongoing Obligation to Provide Digital Advertising Space. The provision of such advertising space to the City of Boynton Beach will continue for so long as the Structure, with Electronic Changeable Sign Faces exists and is operated on the Property. (3) Provision of Copy and Artwork. Prior to the City of Boynton Beach's display of digital advertising on the Structure, Tenant shall provide the sign face and coordinate the display of the City advertising message as reasonably directed by the Landlord /City of Boynton Beach, at no expense to the City. Tenant and Landlord agree to work together on a cooperative basis in accomplishing the foregoing. 4. Compliance with Chapter 14 - 10 Florida Administrative Code. Chapter 14- 10.004 (9) and (10) F.A.C. provides as follows: (1) Lighting. Signs shall not be illuminated by flashing, intermittent, or moving lights. Signs shall not be illuminated so that it interferes with the effectiveness of or obscures an official traffic sign, device, or signal. (2) Changeable messages. Signs may have an automatic changeable facing provided: a. The static display time for each message is at least six seconds; b. The time to completely change from one message to the next is a maximum of two seconds or, if messages are displayed digitally, the message must change instantaneously. c. The change of message occurs simultaneously for the entire sign face; and, d. All signs with changeable messages shall contain a default design that will ensure no flashing, intermittent message, or any other apparent movement is displayed should a malfunction occur. 5. Light produced by the digital billboard(s) shall not exceed 0.3 Footcandles over ambient light levels. a. The digital billboards(s) shall have Automatic Dimming Capability. Automatic Dimming Capability means that the digital billboard(s) shall automatically adjust as ambient light levels change. An automatic light sensing device (such as photocell or similar technology) shall be utilized for adjusting the 3 PI digital billboards(s) brightness. Sunset - sunrise tables and manual methods of controlling brightness shall not be acceptable as a primary means of controlling brightness. b. In the event that Landlord reasonably believes, or receives a complaint regarding the brightness of Tenant's digital billboard(s) and notifies Tenant, Tenant shall address said complaint within forty -eight (48) hours and report back to Landlord with the action taken by Tenant. 6. This Lease shall continue in full force and effect for its initial term and renew automatically, provided that Tenant is not in default on the day of renewal, unless at least one hundred eighty (180) days prior to the end of any such initial or subsequent term Landlord or Tenant gives written notice of termination. During any term ofthis Lease and for a period of ninety (90) days following any termination of this Lease, Landlord grants Tenant the right of first refusal to match any offer acceptable to Landlord for the use or purchase of all or any portion of the Property. A copy of any such third -party offer received by Landlord shall be delivered to Tenant. Tenant shall then have thirty (30) business days from the date of delivery in which to match any such offer by giving written notice to Landlord. If ownership of the Property changes, Landlord shall promptly notify Tenant of such change in writing. Prior to transferring ownership of the Property, Landlord shall furnish the new owner with a copy of this Lease. 7. Tenant is the owner of this Structure and has the right to remove the Structure at any time or within one hundred twenty (120) days following the termination of this Lease. If for any reason, Tenant's Structure is removed, materially damaged or destroyed, all rent payments shall cease unless and until the Structure is rebuilt. If the Structure is removed for any reason, both the above - ground and foundation portions of the Structure need to be removed by Tenant. Tenant has the sole right to make any necessary applications with, and obtain permits from, governmental entities for the construction, use and maintenance of the Structure, and Landlord hereby grants Tenant a limited power of attorney for this purpose. All such permits shall remain the property of Tenant. Tenant shall have no obligation to pursue any zoning matter or to continue to maintain any permit. Any such action shall be at Tenant's option. Tenant shall be required to 4 ti 1 14` maintain and service its Structures (including any supporting or necessary structures, footings, devices, electrical power and connections) in a reasonably safe and operational condition on the Property for which use or uses are permitted by law throughout the Term of this Lease, including any extensions thereof. Tenant shalt keep the Property and its surrounding area free of unused sign materials, sign debris or discarded materials at all times during this Lease. Tenant's failure to maintain the Property and its surrounding area free of prohibited materials, and failure to correct such defects within sixty (60) days following written notification by Landlord shall constitute a material breach of this Lease. 8. Tenant shall be responsible for the annual payment of applicable Tangible Personal Property 'taxes for its sign Structures. Landlord shall be responsible for the annual payment of Real Property Taxes for the Property, if applicable. 9. Landlord and Landlord's tenants, agents, employees or other persons acting on Landlord's behalf, shall not place or maintain any object on the Property or any neighboring property owned or controlled by Landlord which, in Tenant's reasonable discretion, would materially obstruct the view of the advertising copy on the Structure. If Landlord fails to remove the obstruction within five (5) days after written notice from Tenant, Tenant may, in its sole discretion, (a) remove the obstruction at Landlord's expense; (b) cancel this Lease following separate written notice of cancellation, remove the structure and receive all pre -paid rent for any unexpired term of this Lease; or (c) reduce the rent to One Hundred Dollars ($100.00) per year while the obstruction continues. Tenant may trim or prune any trees and vegetation currently on the Property or any neighboring property owned or controlled by the Landlord as often as Tenant in its reasonable discretion deems appropriate to prevent obstructions. Any such trimming or pruning shall be in accordance with accepted arborist standards. Without limiting the foregoing, Landlord shall not permit the Property or any neighboring property owned or controlled by Landlord to be used for off- premise advertising. 10. If, in Tenant's sole opinion, (a) the view of the Structure's advertising copy becomes entirely or partially obstructed, (b) electrical service, excluding minor interruptions in electrical service (i.e., storm outages), is unavailable; (c) the Property 5 fir cannot safely be used for the erection or maintenance of the Structure for any reason; (d) there is a diversion reduction (by thirty percent (30 %)) or change in directional flow of traffic on Interstate 95 (1 - 95) adjacent to or leading to or past the Property; (e) the Structure's value for advertising purposes is diminished by thirty percent (30 %); (f) Tenant is unable to obtain or maintain any necessary permit for the erection, use and /or maintenance of the Structure; or (g) the Structure's use is prevented or restricted by law, then Tenant may, upon one - hundred eighty ( 180) days (or thirty (30) days with respect to clause (f) of this Section 8, written notice to Landlord, cancel this Lease and receive all pre -paid rent for any unexpired term of this Lease. If Tenant is prevented from illuminating its signs by law or other legal cause beyond Tenant's control, rent shall be reduced by one -third for any such period of non - illumination. 11. If the Structure or the Property, or any part thereof, is condemned by the proper authorities; taken without the exercise of eminent domain, whether permanently or temporarily; or any major right -of -way from which the Structure is visible is relocated, Tenant shall have the right to relocate the Structure on Landlord's remaining property with Landlord's consent, such consent shall not be unreasonably withheld, or to terminate this Lease upon not Tess than one hundred eighty (180) days written notice and to receive all pre -paid rent for any unexpired term of this Lease. Tenant shall be entitled to all compensation and other remedies provided by law, including, without limitation, just compensation for the taking of the Structure and Tenant's leasehold interest in this Lease, and /or relocation assistance. Landlord shall assert no rights in such interests. If condemnation proceedings are initiated, Landlord shall use its best efforts to include Tenant as a party thereto. No right of termination set forth anywhere in this Lease may be exercised prior to the purchase by or sale to any entity with the power of eminent domain, or by, or for the benefit of any entity with the power of eminent domain. 12. Landlord represents that it is the owner (or owner's authorized agent) of the Property and has the authority to enter into this Lease. 13. If the Property is currently encumbered by a deed of trust or mortgage, ground lease or other similar encumbrance, Landlord shall deliver to Tenant on or before the 6 -11t�� commencement date hereof a non - disturbance agreement in a form reasonably acceptable to Tenant. 14. If (a) Tenant has not been informed of the new address of Landlord or its authorized agent or (b) two or more of the monthly payments sent by Tenant are not deposited by Landlord within ninety (90) days after the last such payment is sent by Tenant, then no further rent shall be payable (although rent continues to accrue) hereunder for the period commencing with the due date of the first such payment not deposited and continuing forward until Landlord (i) gives Tenant notice of its new business address or that of its authorized agent or 0» deposits all previous payments. In either case, Tenant's rent obligations shall be reinstated retroactively as if neither event described in (a) or (b) of this section had occurred, all accrued rent shall be due and payable, and prior rent shall also be due and payable unless previous payments were deposited as described in (ii) of this section and honored by the applicable financial institution. 15. Tenant shall indemnify and hold Landlord harmless from all damage to the Property or injury to persons caused by the Structure, Tenant, Tenant's employees, agents, licensees, and contractors. Landlord shall indemnify and hold Tenant harmless from all damage to the Structure or injuries to persons caused by Landlord, Landlord's employees, agents, licensees, and contractors. 16. Signs on the Structure permitted by this Agreement shall not display any advertising of any establishment or business that, in the Landlord's sole opinion, could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials. No signs shall contain any obscene language or language that describes sexual conduct or graphics that depict sexual conduct. 17. Tenant shall maintain throughout the Term of this Lease as may be renewed from time to time a policy of commercial general liability insurance with limits of not less than $2,000,000 covering liability arising from Structure and Tenant's use of the Property or Tenant's operations, employees, independent contractors, personal injury, advertising 7 injury and liability. Such policy shall specifically name Landlord /City of Boynton Beach as an additional insured party and a certificate of insurance shall be provided to Landlord prior to commencement of construction, and for each annual renewal of the required policy. Tenant's obligations under this provision operate independently of Tenant's obligations under paragraph 13 of this Lease. 18. This Lease is binding upon the heirs, assigns, and successors of both Landlord and Tenant. Landlord agrees not to assign this Lease to any competitor of Tenant without Tenant's written permission. Tenant shall have the absolute right to assign or sublet the - Structure following approval from Landlord. Landlord shall not unreasonably withhold any such approval. 19. Any notice to any party under this Lease shall be in writing, sent by certified or registered mail and shall be effective on the earlier of (a) the date when delivered and receipted for by a person at the address specified within this Lease, or (b) the date which is three (3) days after mailing (postage prepaid) by certified or registered mail, return receipt requested, to such address; provided that in either case notices shall be delivered to such other address as shall have been specified in writing by such Party to all parties hereto prior to the notice being delivered. 20. If legal proceedings are instituted or suit is brought and attorneys are retained by either party because the other party breached this Lease, the prevailing party shall be entitled to reimbursement for reasonable attorneys' fees and all related costs and expenses. 21. Neither Landlord nor Tenant shall be bound by any terms, conditions, or oral representations that are not set forth in this Lease. This Lease represents the entire agreement of Tenant and Landlord with respect to the Structure and the Property and supersedes any previous agreement. Landlord hereby grants Tenant all rights necessary to record a memorandum of this Lease without Landlord's signature, including a limited power of attorney for such purpose, and requires Tenant to do so furnishing certified copies of such recordation to Landlord. 8 LANDLORD: CITY OF BOYNTON BEACH, FLORIDA Witness: (°0, c5,R.ULQ (°, By: Arlf Catherine Cherry (Print Name) • Its: — 1 Y-10 L (2 - - \01._ Witness: 4011v' - SHAYLA ELLIS Address: 100 E. Boynton Beach Blvd (Print Name) P.O. Box 310 Boynton Beach, FL 33435 -0310 (561) 742 -6000 APPROVED AS TO FORM: STATE OF FLORIDA ) ) SS: ''' `r- I i ATTORNEY COUNTY OF PALM BEACH ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the Count aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by 5 \e , e 'c- C":l Tcz N,- the CITY OF BOYNTON BEACH, FLORIDA, freely and voluntarily under authority duly vested in him /her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He /She is & personally known to me or LJ has produced as identification. Wit ss my hand and official seal in the County and State last aforesaid this c 5 day of , 2016. �) Notary Public _ / / /. My Commission expires: 3/07 5 xk TAMMY L STANZIONE tom' e ,� � ♦� r, MY COMMISSION # FF213663 •1,1:Q,, EXPIRES March 25. 2019 44C7i 34-0 '53 fbridallo;aryService.cons [Signatures continue on next page] 9 1/ , TENANT: WILTON MANORS STREET SYSTEMS, INC. r Witness: By. / /4 1 niel L. ardin\ (Print Name) 1 s: President Witness: Address: 2755 NE 28 Avenue, #D -3 (Print Name) Lighthouse Point, FL 33064 (954) 806 -7870 STATE OF FLORIDA SS: COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgements, the foregoing instrument was acknowledged before me by DANIEL L. HARDIN, President of WILTON MANORS STREET SYSTEMS, INC., freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He is Opersonally known to me or .Q has produced (3)9.A.' J G -2, lie\e , - as identification. Witness my hand and official seal in the County and State last aforesaid this ,2 day of /�� c � , 2016. • otary Pu . Iic My Commission expires: r „„„,;,�, ° .iE P au P Regis Commission , FF968106 :xp i-e: March 6, 2020 thru Aaron Notary 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA • CASE NO. 00- 8577 - CIV - MIDDLEBROOKS /BANDSTRA /1 1 (As Consolidated with 00 -8803- CIV- MIDDLEBROOKSIBANDSTRA) / \ FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, Sig 6 vs. 7 /Zs / CITY OF BOYNTON BEACH, Defendant. 1 SETTLEMENT AGREEMENT This Settlement Agreement is entered into this day of CAM 2001, by and between plaintiffs and appellees, Florida Outdoor Advertising, LLC, ("FOA"). Gold Coast Advertising, Inc. ( "GOLD COAST ") and defendant and appellant, the City of Boynton Beach ( "the CITY "). WHEREAS, FOA filed suit against the CITY as evidenced by Case No 00 -8577 CIV; GOLD COAST subsequently filed suit against the CITY as evidenced by Case No. 00 -8803; and the lawsuits were joined, and WHEREAS, an Order in Case No. 00 -8577 CIV was filed on June 27, 2001, Denying Defendant's Motion for Summary Judgement and Granting Plaintiffs' Cross - Motions for Summary Judgement; and WHEREAS, Defendant, CITY timely filed a Notice of Appeal; and WHEREAS, FOA and GOLD COAST are sign companies that seek to construct signs for commercial and non - commercial speech at locations adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising; and WHEREAS, FOA filed a total of fifteen (15) permit applications with the CITY for construction of signs prior to the filing of Case No. 00 -8577 CIV, and GOLD COAST filed a total of five (5) permit applications with the CITY for construction of signs prior to the filing of Case No. 00 -8803; and WHEREAS, FOA has agreed to reduce the number of sign permits from fifteen (15) if the CITY agrees to issue six (6) permits to FOA to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "A ", attached hereto and incorporated herein; and WHEREAS, GOLD COAST has agreed to reduce the number of sign permits from five (5) if the CITY agrees to issue three (3) permits to GOLD COAST to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "B ", attached hereto and incorporated herein; and WHEREAS, FOA and GOLD COAST have full authority to enter into this Agreement; and 1 • WHEREAS, the CITY is entering into this Agreement as a compromise of a disputed claim; the CITY does not admit any liability; and WHEREAS, all parties consider it to be in their best interests and in the interests of the citizens and property owners of Boynton Beach to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree each with the other as follows: Section 1_ Recitals. The recitals above are true and correct. Section 2. Harmony of Regulations. All sign locations shall be inspected, approved and permitted in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising prior to the final issuance by the CITY of a building permit. Section 3. Sign Construction. FOA shall be permitted to construct six (6) signs within the Interstate 95 corridor through the CITY. GOLD COAST shall be permitted to construct three (3) signs within the Interstate 95 corridor through the CITY. The upper structure of the signs may be double -sided with a "V " shape on a single pole base as shown on Exhibit "C ". The single pole is not required to be directly in the middle of the sign and may be on one end. The total height of the signs shall not exceed sixty -five (65') feet over the adjacent main- traveled way of Interstate 95 to the top of the signs, as shown on Exhibit "C ". The engineering and construction of the signs shall be done in accordance with and shall comply with the Southern Building Code. Tri-Vision type sign faces are restricted and may be utilized on only Three (3) sign faces constructed by FOA and on only One (1) sign face constructed by GOLD COAST. Section 4. Alternate Sites. In the event any of the six (6) properties on Exhibit "A or the three (3) properties on Exhibit "B" are not used as Sign sites or are "TO BE DETERMINED ", FOA and/or GOLD COAST may substitute another property for Sign site permitting by the CITY, provided said site is within the Interstate 95 corridor and the sign face shaft be placed so as to be primarily visible from Interstate 95. The CITY shall not unreasonably deny a Sign permit to FOA and/or GOLD COAST so long as the substituted site otherwise conforms to FOOT permitting requirements, the limitations set forth herein, and the maximum number of Signs shall not exceed six (6) and three (3). Section 5. Residential Use Setback. Signs permitted by this Agreement shall not be located within 250 feet of any Residential Use, except on parcel number 08434528150740070 where one sign may be permitted at the discretion of FOA not less than 150 feet from a Residential Use. Section 6. Highwav Ramp Separation. Signs permitted by this Agreement shall not be located within 250 feet from the edge of pavement of Woolbright Road, Boynton Beach Boulevard or Gateway Boulevard. Section 7. Sign Size. Signs permitted by this Agreement shall not exceed 672 square feet per sign side. The size and height of the signs shall not exceed any of the dimensions as shown on Exhibit "C ", attached hereto and incorporated herein, except for embellishments. Embellishments shall not exceed 20% thereof or extend more than 5 feet beyond the outside edge of any side of the signs. Section 8. Sign Lighting. Signs permitted by this Agreement may be illuminated, however, a sign which contains, includes, or is illuminated by any flashing, intermittent, or moving lights is prohibited, except that lights embodied in the signs may be used. Further, the signs shall be so illuminated that they do not interfere with the effectiveness of or obscure an official traffic sign, device, or signal. 2 Section 9. Adult Content Prohibited. Signs permitted by this Agreement shall not display any advertising of any establishment or business that could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials_ No signs shall contain any obscene language or language that describes sexual conduct or graphics that depicts sexual conduct. Section 10. Mitigation_ In order to minimize the effects of construction of the number of signs for which applications were originally filed, and the expense of continued litigation and attorneys fees, the CITY, FOA and GOLD COAST agree that six (6) sign permits shall be issued to FOA. and three (3) sign permits shall be issued to GOLD COAST by the CITY. Section 11. Agreement Running with FOA and GOLD COAST. This Agreement shall run with FOA and GOLD COAST and the locations permitted. This Agreement shall be binding upon the parties hereto, their successors and assigns. FOA and GOLD COAST have full authority to enter into this agreement and implement this agreement for the application, location and signs referenced herein. Section 12. Settlement of Claim. FOA and GOLD COAST acknowledge that the CITY agrees to the construction of the signs as described above in settlement of FOA's and GOLD COAST's claims and that the CITY does not admit any liability in this Settlement Agreement. Section 13. Entire Agreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Agreement. Section 14. Voluntary Dismissal /Attorney's Fees and Costs. This Agreement will be filed with the Court. The lawsuits filed against the City by FOA, Case No. 00- 8577 -CIV and by GOLD COAST, Case No. 00- 8803 -CIV and the appeal thereof will be withdrawn and a voluntary dismissal with prejudice `� • shall be filed with the Court by FOA and GOLD COAST within 10 days of all parties executing this Agreement. Each party shall bear its own Attorney's Fees and Costs. The Court shall retain jurisdiction of this action to enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. ATTEST: Q • - l CIT\�{1 ;le e N :EA , FLORIDA By- , City Clerk , a o ' e =r': ng, Mayor Approv s t Form: v = z 92p ` By: rrt% Mrs Cfie -f. , City Attorney /'' PLOR�Ot lis v WITNESS FLORID • UTDO ADV RT ING, LLC r TA--- Print Name: �F� 1 ON . CosS Da I . rdin, resident CI Rkiata k _44fIliglat_ ° Dated: e" Print Name:ldSClaQ1''t 11' £ oft, 3 • STATE OF FL I A COUNTY OF The foregoing instrument was acknowledged before me this day of A 2001, by Daniel L. Hardin, as President of Florida Outdoor Advertising, LLC. A Florida corporation, on behalf o, f the rporation. He /She is personally known to me or has produced type of identification) as identification. S c of P rson Taking Acknowled ent . e wan Lynns 7i�nwet► * * Mr Comm{ssto I N0S ' Ex 1 W1AP/ ped, Printed or Stamped ITNESSES GOLD COAST ADVE `TISING, I • 1 4 r r � /ll� �� .. � � 11�� / By � ... l ft / 1 .►a.r' Pri ame• l.. / fe Dated: / — C'J6 - tint Nam/J S STATE OF FL P D J, COUNTY OF �fl ��,/ The foregoing . ins lent was acknowledg fore �e thi day of L `�71 -� ` 2001, by � ��z C �'/ 1,t��t , as .S.1 i "(name of officer or agent, title of officer or agent), of Gold Coast Advertising, Inc., a •rida corp Ion, on behalf of the corporation. He /She is personally known to me or has produced . __A,/ 1 Ar.-.0,■ pe of identification) as identification. Signature of Pe n Taking Acknowledgment Marurr L. iZCiA(K :� `� ed Printed Stamped # My Commission 1 44 al Miptres Aye 20.2004 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.00- 8577- CIV- MIDDLEBROOKS /BANDSTRA (As consolidated with 00- 8803 -CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "A" Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) Pelican Estates, Inc., 4010 Thor Drive, PCN 08434605000007060 2) Elsie Winchester, vacant land, PCN 08434528000007030 3) William Hartman d /b /a Bulldog Fence Company. 555 W. Ocean Avenue, PCN 08434528150740070 4) AA Alpine Storage - Boynton, LLC d/b /a Extra Closet, 860 W. Industrial Avenue, PCN 08434520200000010 5) West Industrial Associates, 1300 W. Industrial Avenue, PCN 08434521000003090 6) Florentine Marble Co., Inc., vacant land, PCN 08434516000003090 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00- 8577 - CIV- MIDDLEBRQOKS/BANDSTRA (As consolidated with 00- 8803 -CIV- MIDDLEBROOKS /BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. r SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "B" Gold Coast Advertising, Inc. signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) 3800 South Congress (PCN 08434605000007010) 2) West Side I - 95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising 3) West Side I -95,To Be Determined in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising City BOYNTON BEACH SIDE ELEVATION (ONE OF TWO SIGN FACES SHOWN) EXHIBIT "C'° 48' >t 114' CATWALK ; 's The Sign will 65' have a "V" Shape g 48' SUPPORT 4 Adjacent Main - Traveled Way of Interstate 95 I 5167V FACE WO ] 48' I SW SETA& NOT rO =UE ROM OF ROAD 27.0 1ATURAL GRADE 24.5' 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS A ND /OR RIGH OF WA OF RECORD EXCEP AS SHOWN ON TLIF RECORD PLAT IF ANY. 2 NO A TTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND FOOTINGS OF BUILDINGS OR FENCES ON OR ADJACENT TO 77-IIS SITE J BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERIDIAN OF 5I33345"W ALONG THE RIGHT —OF —WAY LINE OF 1-95. 4 THE SPECIFIC PURPOSE OF THIS SKETCH OF SURVEY IS TO SHOW RIC EXISTING BOUNDARY LINES AND THE LOCATION OF A PROPOSED BILLBOARD. 5 ELEVATIONS SHOWN HEREON ARE BASED ON NA TINAL GEODE VERTICAL DATUM OF 1929 AND ARE TAKEN FROM PALM BEACH COUNTY BENCHMARK WIZZARG, ELEVA 77ON 19.35. 6. LEGAL DESCRIPTION FURNISHED By CLIENT 7 ADDITIONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OF PARTIES. R PURPOSE SURVEY TRACT 19' TRACT A ROLLING GREEN R106E SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLA 49 .74' k X AWW — mw 7. cowr SET NAIN 6015) ELEVA 23 ATa-05M SIMV LX4" (Sir m U POLES AND ANCHOM5 (ORB 2170, TO 597) 4 �/ 3522"W 49.74' SEWER VAL WS SURWYORS' CER771-70A770M TRACT A N86 :35 2 loj 1'3' SURVEY MAP AND REPORT OR THE CGFIES THEREOF ARE NOT VALID g,"THOUT THE SIGNA AND THE ORIGINAL RAISED SEAL OF A FLOA'1 L NSED SURVEYOR AND MAPPER of E ' ZU R U TRACT A' 11151111AL LAID I OR , ST A T E , OF L, A "'PLA E AS E ME NT " A WE Nr a & ' EA SEM EN T I'PRIL* OR MIRES) EMITS OF PLAT — — — — — — — ----- — — — — I 5167V FACE WO ] 48' I SW SETA& NOT rO =UE ROM OF ROAD 27.0 1ATURAL GRADE 24.5' 1. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR EASEMENTS A ND /OR RIGH OF WA OF RECORD EXCEP AS SHOWN ON TLIF RECORD PLAT IF ANY. 2 NO A TTEMPT WAS MADE BY THIS FIRM TO LOCATE UNDERGROUND FOOTINGS OF BUILDINGS OR FENCES ON OR ADJACENT TO 77-IIS SITE J BEARINGS SHOWN HEREON REFER TO AN ASSUMED MERIDIAN OF 5I33345"W ALONG THE RIGHT —OF —WAY LINE OF 1-95. 4 THE SPECIFIC PURPOSE OF THIS SKETCH OF SURVEY IS TO SHOW RIC EXISTING BOUNDARY LINES AND THE LOCATION OF A PROPOSED BILLBOARD. 5 ELEVATIONS SHOWN HEREON ARE BASED ON NA TINAL GEODE VERTICAL DATUM OF 1929 AND ARE TAKEN FROM PALM BEACH COUNTY BENCHMARK WIZZARG, ELEVA 77ON 19.35. 6. LEGAL DESCRIPTION FURNISHED By CLIENT 7 ADDITIONS OR DELE77ONS 70 SURVEY MAPS OR REPORTS BY OTHER THAN THE SIGNING PARTY OR PARTIES IS PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY OF PARTIES. R PURPOSE SURVEY LEGAL DE5MIP774w. TRACT A ROLLING GREEN R106E SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLA BOOK 26, PAGE 214, PUBLIC RE OF PALM k X —OF —WA OF 1-95 a 403 SET NAIN 6015) ELEVA 23 WAZ' OF 12' EASEMENT CFPLL U POLES AND ANCHOM5 (ORB 2170, TO 597) 4 �/ 3522"W 49.74' SEWER VAL WS SURWYORS' CER771-70A770M TRACT A N86 :35 2 loj 1'3' SURVEY MAP AND REPORT OR THE CGFIES THEREOF ARE NOT VALID g,"THOUT THE SIGNA AND THE ORIGINAL RAISED SEAL OF A FLOA'1 L NSED SURVEYOR AND MAPPER of E ' ZU R U 11151111AL LAID I OR , ST A T E , OF L, A ------ -I 2 - 79'^ - 'o p A S8835:92'E 102.61' e' �EET I 6F �' BLOOMSTER . I .- PROFESSIONAL LAND I ii DATE: 1/10/11 ... �. _ SURVEYORS, INC. JOB NO. ) - LB #6018 RVINUN5 3/22/16 UPDAIE 641 NORTHEAST SPE NCER JENSEN BEACH, FLOR PHONE 779-33 w ToN MANORS ST r SYSTEM 6-r I _ c 510 NW 14TH COURT COU ff8?OY:NF0N IBEACH, PALM BEACH COUNTY FLORIDA SPECIFIC PURPOSE SURVEY LEGAL DE5MIP774w. TRACT A ROLLING GREEN R106E SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN PLA BOOK 26, PAGE 214, PUBLIC RE OF PALM BEACH COUNTY FLORIDA. LESS THE ADD177ONAL RIGHT —OF —WA OF 1-95 SET NAIN 6015) ELEVA O WAZ' OF 12' EASEMENT CFPLL U POLES AND ANCHOM5 (ORB 2170, TO 597) 4 �/ 3522"W 49.74' SEWER VAL WS TRACT A N86 :35 2 loj 1'3' of