R12-0581
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RESOLUTION NO. R12 -058
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING A JOINT PROPOSAL REGARDING
LOCATION AND LIMITATION OF DIGITAL
OUTDOOR ADVERTISING DISPLAYS WITH CLEAR
CHANNEL OUTDOOR, INC., AND WILTON MANOR
STREET SYSTEMS, INC; AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE THE
NECESSARY DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, in 2000, Florida Outdoor Advertising, LLC, Gold Coast Advertising,
Inc., initiated litigation with the City over applications for sign permits which resulted in a
Settlement Agreement dated October 5, 2001 that allowed the installation of certain signs
adjacent to Interstate 95 in the City; and
WHEREAS, Clear Channel subsequently assumed the rights of Florida Outdoor
Advertising and Gold Coast Advertising under the Agreement to six billboards with a total
of 11 advertising faces; and
WHEREAS, Clear Channel applied to the City for a permit to upgrade an existing '
sign under the Agreement to an "embodied" lighting system under Section 8 of the
Agreement, "Sign Lighting." The City denied Clear Channel's application on the basis that
Section 8 "Sign Lighting" did not allow the proposed upgrade; and
WHEREAS, Clear Channel initiated litigation against the City in Palm Beach
County Circuit Court over the meaning of Section 8 "Sign Lighting "; and
WHEREAS, Wilton Manors Street Systems made a proposal to lease City -owned
property on the east side of I -95 to erect either a static faced billboard or a digital billboard;
and
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1 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
2 recommendation of staff, deems it to be in the best interests of the City residents to approve
3 the joint proposal regarding location and limitation of digital outdoor advertising displays
4 with Clear Channel Outdoor, Inc., and Wilton Manors Street Systems, Inc., by approving the
5 Amendment to Settlement Agreement with Clear Channel Outdoor, Inc., and the Outdoor
6 Lease Agreement with Wilton Manors Street Systems, Inc.
7 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
8 THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
9 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
10 being true and correct and are hereby made a specific part of this Resolution upon adoption
11 hereof.
12 Section 2. The City Commission of the City of Boynton Beach, Florida hereby
13 approves the Amendment to Settlement Agreement with Clear Channel Outdoor, Inc., a copy
14 of which is attached hereto as Exhibit "A ".
15 Section 3. The City Commission of the City of Boynton Beach, Florida hereby
1 approves the Outdoor Lease Agreement with Wilton Manors Street Systems, Inc., a copy of
17 which is attached hereto as Exhibit "B ".
118 Section 4. The Mayor and City Clerk are authorized to execute the necessary
1'9 documents to effectuate this approval.
4 Section 5. This Resolution shall become effective immediately upon passage.
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PASSED AND ADOPTED this 3` day of July, 2012.
CITY OF BOYNTON BEACH, FLORIDA
Mayor — Woo . H
Vice ayor — ck McCray
r0hrri Orlove
ATTEST:
/!1• A A�-"
( 9 �A�
t M. Prainito, MMC
Clerk
C i ner — Steven Holzman
Commissioner — Marlene Ross
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F, is -058
AMENDMENT TO SETTLEMENT AGREEMENT
This Amendment to Settlement Agreement ( "Amendment ") is made and entered into by
and between Clear Channel Outdoor, Inc. ( "Clear Channel ") and the City of Boynton Beach,
Florida ( "City "), collectively ( "Parties ")
WHEREAS litigation between Florida Outdoor Advertising, LLC, Gold Coast
Advertising, Inc., and the City over applications for sign permits, more particularly described in
Case No. 00- 8577- CIV- MIDDLESBOOKS /BANDSTRA (S.D. Fla.), resulted in a settlement
agreement ( "Agreement ") dated October 5, 2001, a copy of the Agreement is attached hereto;
and
WHEREAS the Agreement allowed the installation of certain signs adjacent to Interstate
95 in the City subject to the terms laid out in the Agreement; and
WHEREAS Clear Channel subsequently assumed the rights of Florida Outdoor
Advertising and Gold Coast Advertising under the Agreement to six billboards with a total of 11
advertising faces, as shown in Exhibit "A" hereto; and
WHEREAS Clear Channel applied to the City for a permit to upgrade an existing sign
under the Agreement to an "embodied" lighting system, specifically a digital billboard panel,
under Section 8 "Sign Lighting" of the Agreement; and
WHEREAS the City ultimately denied Clear Channel's application on the basis that
Section 8 "Sign Lighting" did not allow the proposed upgrade; and
WHEREAS the dispute between Clear Channel and the City over the meaning of Section
8 "Sign Lighting" resulted in litigation more fully described in a lawsuit styled Clear Channel
Outdoor, Inc. v. City of Boynton Beach, Florida, Case No. 50 2011 CA 014815 XXXXMB (15th
Judicial Cir.).
NOW THEREFORE, in light of the foregoing and based upon the exchange of valuable
consideration by and between the parties to this Amendment — including the City's agreement to
allow Clear Channel to upgrade certain signs faces as described herein and Clear Channel's
waiver of certain legal claims as set forth below — the Parties to this Amendment hereby agree as
follows:
Each of the respective Parties to this Amendment hereby mutually releases and forever
discharges each of the other Parties to this Amendment and all of such Parties' successors,
assigns, agents, affiliates, elected officials, officers, directors, employees, representatives,
insurers, and attorneys and each of them of and from any and all claims, debts, liabilities,
demands, obligations, damages, costs, expenses, attorneys' fees, enforcement actions, and causes
of action of every nature which were or could have been asserted in Clear Channel Outdoor, Inc.
v. City of Bovnton Beach, Florida, Case No. 50 2011 CA 014815. Each Party will bear their
own fees and costs.
Clear Channel will:
• agree not to apply to upgrade any additional signs shown on Exhibit A to digital
billboard displays based on the terms of the Agreement, other than those described herein. To
the extent generally applicable City regulations will allow additional sign faces to be upgraded to
digital billboard displays, such upgrades shall not be limited or restricted hereby; and
display advertising copy on the digital billboard sign face listed as Number 1 on
Exhibit A hereto, once upgraded to a digital billboard display, on behalf of the City, with no
charge for advertising space, for the following advertising messages only: public service,
welcome messages, or City- sponsored community events in the City of Boynton Beach ( "City
Messages "), subject to the following conditions and parameters:
1
(i) All copy will be submitted to Clear Channel at least 10 (ten) business days before
the proposed display date and will be subject to Clear Channel's standard advertising
copy rejection and removal policies which allow Clear Channel the right in Clear
Channel's sole discretion to approve or disapprove copy and remove copy once
posted or displayed. Copy shall be submitted in "camera ready" form and within the
technical specifications required by Clear Channel.
(ii) While the digital sign face is installed on the sign listed as Number 1 on Exhibit A
and is in operation, Clear Channel shall allow up to a total of 5 hours (e.g., 2,250 8-
second messages) of City messages per month at no cost to the City. City messages
shall be comprised of eight (8) second messages (or such length as prescribed by
law), each to be displayed in rotation with other advertisements. The City messages
shall be reasonably distributed throughout a twenty -four (24) hour period.
(iii) If at any time in the future Clear Channel removes the digital sign face from the
sign structure or is unable to operate the digital sign face, for any reason, the City
Messages commitment in this section shall be automatically terminated and rendered
null and void. Clear Channel would then be under no obligation whatsoever to
provide the City with any type of free advertising space. However, any time Clear
Channel operates the sign face listed as Number 1 on Exhibit A hereto with digital
technology, the City Messages commitment shall remain in place.
(iv) The City shall not charge for, or exchange goods or services for, any space on a
Clear Channel digital billboard sign.
(v) It is expressly understood and agreed that City Messages may not include any
names, logos or marks associated with any third party non - governmental person or
3
entity or any products or any services associated with any third party non-
governmental person or entity.
(vi) Any of said described space on the sign unused by the City at the end of a
calendar month shall not rollover and will be forfeited; and
• dismiss the case styled Clear Channel Outdoor, Inc. v. Citv of Bovnton Beach,
Florida Case No. 50 2011 CA 014815 XXXXMB (15th Judicial Cir.) with prejudice within five
(5) days of the completion of the upgrade to a digital billboard display of the sign face listed as
Number 1 on Exhibit A as described below. The parties agree to stay all proceedings until such
dismissal.
The City will:
• allow Clear Channel to immediately upgrade its existing sign structure to a digital
billboard display on the sign face listed as Number 1 on Exhibit A hereto; and
• allow Clear Channel to upgrade its existing sign structure to a digital billboard
display on the sign face listed as Number 2 on Exhibit A any time after January 1, 2013. Thus,
Clear Channel may upgrade a total of two (2) of the 11 faces listed on Exhibit A in accordance
with this staggered schedule.
While Clear Channel is authorized under this Amendment to operate the signs with
digital technology, according to the schedule herein, Clear Channel shall be under no obligation
to operate the signs solely with digital technology. Clear Channel maintains the right to choose
to operate the sign faces as either traditional static or digital, at its sole option, under the
Agreement. So long as those signs upgraded to digital billboards are operated in compliance
with Florida state law they shall not be considered as utilizing flashing, intermittent, or moving
light in violation of City regulations.
4
The Parties further agree that this Amendment may be executed in one or more
counterparts, all of which taken together shall constitute one agreement once delivered in any
medium to the other Parry.
REVIEWED, APPROVED, AND ACCEPTE Y:
DATED: June f 2012. By:
On Behalf of Clear Channel Outdoor, Inc.
i
1UtA_ Its: Witness No. No. 1
Witness No. 2
Sworn to and subscribed
before me this day M , W ,>l MM t
of June, 2012 � 22 M_
�vte L k U/
NbTARY PUBLIC
My Commission Expires: SP. =�� . - 2 2 , 7 U 1 2
REVIEWED, APPROVED, AND ACCEPTED BY•
DATED P a, 2012. By: A .
n -half of the Cit
—7- t"
Its: C i TY M AN R��FL
Witness No. 1
Wit ass No. 2
APPROVED O :
Swo to and subscribed
.P '
before me this ( r day
of VO12 �PITY ATTORNEY
atLLu X� I ( I j
MARY PU �`� CATMERINEr�RRY�
I i ' c MY COMMISSION # EE 207830
ien �j M rN - >c'l( b erma * EXPIRES: June 12,2016
My Commission Expires: V F 8MMldTMWWNOY
5
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO, 00. 8577- CIV- MIDDLESItOOKS(BANDSTtZA
(As Consolidated with 00- 8803- CIV- MIDDLEBROOX$IBAN09TRA)
FLORIDA OUTDOOR ADVERTISING,
LLC, and
GOLD COAST ADVERTIMNO, INC.
Plaintiffs,
vs. '
CITY OF BOYNTON BEACH,
Defendant.
SETTLEMENT AGREEMENT
This Settlement Agreement is entered into 111134— day or Ci'C:eif/s1 . 2001. by and between
plaintiffs and appeltaes, Florida Outdoor Advertising, LLC, rFOA'), Gold Coast Advertising, Inc (
COAST") and defendant and appellant, the City of Boynton Beads ('the CITY").
WHEREAS, FOA fled suit against tfte CITY as evidenced by Case No. 00 -8577 CiV, GOLD COAST
subsequently filed suit against the CITY as evidenced by Case No. 00 -8603; and the lawsuits were joined, and
WHEREAS, an Order in Case No, 00.8677 CIV was filed on June 27, 2001, Denying Defendant's
Motion for Summary Judgement and Granting Plaintiffs' Cross, Monona for Summary Judgement, and
WHEREAS. Defendant, CITY timely riled a Notice of Appeal; and
WHEREAS, FOA and BOLD 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 conforrrmy
troth Florida Department of Transportation Rules Regutift Outdoor Advertising; and
WHEREAS, FOA filed a total of fifteen (15) permit applicelions 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) perrrdt 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) it the CITY
agrees to issue six (6) permits to FOA to construct signs ad)aceM to the Interstate 85 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 constuct signs adjacent to the interstate 85
comdor through the CITY In conformity with Florida Department of Transportation Rules Regulating
Outdoor Advertising at the locations listed and shown on Exhibit "S', attached hereto and incorporated
herein; and
WHEREAS, FOA and GOLD COAST have fullauthority to enter into this Agreement, and
WHEREAS, the C17Y Is entering into this Agreement as a compromise of a disputed daim; the
CITY does not admit any liablity; and
WHEREAS, all parties wriaider 4 to be in their best b)tarests and in the Interests of the cozens
and property owners of Boynton Beach to approve this Agreement.
NOW THEREFORE, in catsidafadat of the mutual covenants herein contained, the parties
hereto agree 080 with the other as Mlows;
Section i . f ftfts , The recitals above are true and cared.
Ssdtfan' 2 . Hattt�ty 9f Rgoufa is A8 shpt Icc�lotts sttatl be inspected, approved and
permitted in conformity with MorWa Department of Transportation RtAes-Regulating Outdoor Advertising
prior to the Anal lasuanoe by the CITY of a budding permit
Section g . Sian Conatructlon FOA shall be permitted to construct $Ix rt31 signs within the
Interstate 95 candor through the CITY. GOLD COAST shat be permitled to construct three t f3 signs
within the Interstate 85 corridor through the CRY. The upper structure of the signs may be double -sided
with a "V " shape on a single pole base as shown on Exhibit "C. The skpte pole is not required to be
duectty In the nWdte of the sign and may be on one and. The total height of the signs shall not exceed
sbtty4ve (85') feet over the ed)aoont main - traveled way of Interstate 95 to the top of the signs, as shown
on Exhibit "C ". The engineedrig and conatnidlon of the signs theft be done in accordance with and shall
comply with the Southern Building Code. Tfi- Vision type sign faces orb restricted and may be utilized on
only 11w M (3) sign faces constructed by FOA and an only PM (1) sign face constructed by GOLD
COAST.
ct o 4. toe. tale SML In the event any of the six (0) properties on Exhibit "A" or the three (3)
properties on Exhibit "8" are not used as Sign Wm or are TO BE DETERMINED", FOA andlor GOLD
COAST may substitute another property for Sign site permitting by the CITY, provided said silo is within
the interstate 95 corridor and the sign face shah be placed so as to be prkna* visible from interstate 95.
The CITY shall not unreasonably deny a Sign permit to FDA sailor GOLD COAST so long as the
substituted site otherwise conforms to FDOT parmftg retluirerwhi the limitations let forth twain, and
the maximum number of Signs shell not exceed six (B) and tixsa (3).
36cIjW. �klttn8ai Uq$ Setback, Signs permitted by this Agreement snail not be located
within 250 feet of any Residential Use, except out parcel number 08434MS160740070 whore one sign
may be permitted at the discretion of FOA not lest than 150 feet from a Residential Use.
U 6 HiAhwly An SeoergtloN Signs permitted by this Agreement shalt not be located
within 250 feel from the edge of pavement of Woolbright Road, Boynton Beach Boulevard or Gateway
Boulevard.
Section 7 . ,S n Size Signs permitted by this Agreement shelf not exceed 1372 square feet per
sign side. The size and height of the signs snail not exceed any of the dimensions as shown on Exhibit
"C ", attached hereto and incorporated heroin, except for embabiahments. Embellishments shell not
exceed 20%
thereof or extend more than 5 feet beyond the outside edge of any side of the signs.
Sj�d 8. §Ion Lightlrt . Signs permitted by this Agreement may be illuminated, however, a sign
which contains, includes, or Is Ruminated by any flashing, Intermittent, or moving lights Is prohibited,
except Ihat lights embodied in the signs may be used. Further, the signs shall be so Ruminated that they
do not interferewith the effectiveness of or obscure an of ic; al traiflo sign, device, or signal.
SocURn 9 . W01 Content P0tib40. Signs permitted by this Agreement shell not display any
advertleing of any establishment or business that could reasonably be characterized as providing adult
sexual entertainment, nor shall any sign oontalrr sexually graphic materials. No signs shall contain any
obscene language or language that dascribes sexual conduct or graphics that depicts sexual conduct
ftction ill W0 . in order to minimize the effects of vonstr u him of the number of signs for
which appiieatbons were originally Ned. and the expense of continued litigation end attorneys fees, the
CITY, FOA and GOLD COAST agree that &_M sign permits shall be issued to FOA. and three sign
permits shall be Issued to GOLD COAST by the CITY.
Se It . Aclraement Runrtipa with Fq)&.p Q GOLD COAST., This Agreement shell run vnth
FOA and GOLD COAST and the locations permitted. This Agreement shelf be binding upon the parties
hereto, thterr successors and assigns. FOA and GOLD COAST have'fuft aulhortly to enter into this
agreement and Implement this agreement for lire appAcatton, location and a" referenced herein.
S e9flon I . L &LIlement pf Cipim. FOA and GOLD COAST acknowledge that the CITY agrees to
the construction of ft signs as destxkted above In settlement of FOA's and GOLD COAST's claims and
that the CITY does not admit any liability in this Settlement Agreement.
S2StI 1 . Elting, AarearM 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 alfher prior to or simultaneous with the execution of this Agreement.
Section 14 . MolIMI Df Olsm ;sVA_MmW# Fp Xd Coos. This Agreement will be feed wsth
the CourL The lawsuits filed against the City by FOA, Case No. 00. 8517-CIV and by GOLD COAST,
Case No. 00- 8803 -CIV and the appeal thereof will be withdrawn and a voluntary dismissal with pralmics
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 shalt 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 wTihen above.
ATTEST: t� CIT i (t tI NJ)jf N , FLORIDA
(� 'City clerk', rig, Ma
Approv s t Form: a u s
19
qA rhaS Chi erd t , City Attorney `'�ii�rrrfi` r l gyp````•
WITNESS FLORid UT AD W.0
inn Narne- r , 10.,t 175 �Da► �,L3� dent
J¢ ty{ wtth Dated: 4 J'--
Print Name. PA eagr L" M
STATE OF FL I A
COUNTY OF M[ rj
The foregoing instrument was acknowledged before me Ihis dey Of A tV,,
2001, by Daniel L. Hardin, as President of Florida Oukkw Adverlieing, LLC. A Fknrkla corporation, on
behalf of the oration. HoMhe Is personally known to me or has
produced CB^" a -P fty� of ideniftation) as IdentM .r f / ca t t i on.
,. r, 1.
S of g;on Taking;4dtnowled ant
na,rtgrr
�►'* W raomnrrbnbOe7111a
N -:W 60 - IMWOP�ped, Printed or Stamped
(1 a
STATE OF FLA
COUNTY OF �p � p
�Qfcvold t was atkn In fl day of C: 4 b�-� �—
200t, by .I :A as {name of offkoer or agent, title of
offk er or Advertising. M, a rR A da Corp Ian, on behalf of the corporation.
He/She is personally known to me or has produced ' �e of kdent#fcation)
as identilkellon.
Sig IMm of tsw#h Taking Aakrtowledgment
I * r N a e Fh or Stamped'
nv K*kv. p1AN04
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 0Wd877-CIV -M IWLEBROOKSIBANDSTRA
(As consolidated with 00480341/ NDDLEPROOKS /BANDSTRA)
FLORIDA OUTDOOR ADVERTISING,
LLC, and
GOLD COAST ADVERTISING, INC.
Plalnuffs,
Y3.
CITY OF BOYNTON BEACH,
Defendant.
SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH,
FLORIDA OUTDOOR ADVERTISING, LLC, AND
BOLD COAST ADVERTISING, INC.
REOABPJNQ,g1E CQNMW.Q OF SIGNS
EXHIBIT W
Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor
through the CITY in confornuty with Florida Department of Transportation Rules
Regulating Outdoor Advertising:
i ) Pelican Estates, Inc., 4010 Thor Drive, PCN 0843460500OW7060
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
(3) Florentine Marble Co., Inc., vacant [arid, PCN 08434516000003090
r'
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
r-
CASE NO. Q04577- CIV- MID0LE$ROOK5/BAND3TRA
(As consolidated with 004809 -CIV• MIDDLE8ROOKS18ANDSTRA)
FLORIDA OUTDOOR ADVERTISING,
LLC, and
GOLD COAST ADVERTISING, INC.
Plaintiffs,
VS.
CITY OF BOYNTON BEACH,
Defendant.
SETTLEMENT AGREEMENT BETWEEN THE CITY OF 8OYNTON BEACH,
FLORIDA OUTDOOR ADVERTISING, LLC, ANO
GOLD COAST ADVERTISING, INC.
REGARDING THE CONSTRUCTION OF SIGNS
EXHIBIT `r "
Goid 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 08434605=007010)
2) West Side 1-95,To Se Dete rmined in conformity with Florida Department of
Transportation Rules Regulating Outdoor Advertising
3) West Side 1 -95,To Be Determined in Conformity with Florida Department of
Transportation Rules Regulating Outdoor Advertising
r`
City of
BOYNTON BEACH
SIDE ELEVATION
(ONE OF TWO SIGN FACES SHOWN)
EXHIBIT "C"
I 1<
A
65'
48'
14'
ie Sign will
_, a "V" Shape
SUPPORT I
Adjacent Main- Traveled Way of Interstate 95
Exhibit "A"
List of Boynton Beach CCO 1-95 Inventory
fli
Lease lV
Ride Descriotion
1 Y. 37 I
80�
WS O.�rl C rrw gh�d mill - 2•
2 13700
W149
1 - 95 WS 0.5mi WO Boynton Beach Blvd FIS - 1
13701
W149
1 WS O.Smi N/O Boynton Beach Blvd FIN - 7
13746
80150
1-95 WS 0.2mi MOO Gateway Blvd FIS -1
13WS
80161
1-95 WS 0.75mi SIO WootbV9 Road FIS -1
13667
i
801e1
1 -96 WS 0.7&N SAO WoWWW Road FIN - 2
i
13670
80146
1-95 WS 0.&W SAO Wodbrighl Rd FIS -1
13671
80146
1 -95 WS 0.5mi SAO Woolbright Rd FIN - 2
13680
80147
1 -95 WS 5008 SID Boynton Beach Blvd FIS - t
13696
80148
1-96 WS 0.25W N/O Boynton Beady BW F/S - 1
j 13698
80146
1-95 WS 0.25Fni NIO Boynton Beach Blvd FIN - 2
and Den&d FA
EXHIBIT "A"
r. 1>mmmurh ,
This Lease Agreement ( "Lease ") is effective this day of J U 1 . 2012 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 N.W. l4'" Court in the City of Boynton Beach, in the County of Palm Beach, in the State of Florida ( "Property ").
The specific portion of the Public Works Site shall be agreed upon by the parties and described in a separate document. The
Property is leased for the purpose of erecting, maintaining, operating, improving, supplementing, posting, painting, illuminating,
repairing, repositioning and /or removing one outdoor advertising structure, which shall contain two static advertising faces and
comply with Chapter 479 of the Florida Statutes and that certain Settlement Agreement dated October 5` 2001, attached as
Exhibit "A," 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, Ines, 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 request to erect the one additional outdoor advertising structure 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.
2. Tenn 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) static advertising faces. Tenant shall pay Landlord upon execution of this Lease
rent in the amount of One Thousand Dollars ($1000.00) for the period of time prior to complete construction of the Structure.
Construction of the Structure shall commence within 120 days following issuance of all necessary governmental approvals for
construction. On the first day of the first month after construction is completed, as evidenced by Final Inspection approval from
the City of Boynton Beach, Annual Base Rent in the amount of $24,750.00 shall be payable in full by Tenant. On the first
anniversary of the lease and on every anniversary thereafter, the Annual Base Rent shall be increased by the sum of three percent
(3 %) per year over the previous year.
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 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
5 Tenant is the owner of the 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 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
shall 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
6 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
7 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 ($10000) per year while the obstruction
continues Tenant may trim or prun 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 linutmg the foregoing, Landlord shall not
permit the Property or any neighboring property owned or controlled by Landlord to be used for off - premise advertising
8 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 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 (I -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 tern 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
9 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 mayor 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 less than one hundred eighty (180) 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, dust 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
10 Landlord represents that it is the owner (or owner's authorized agent) of the Property and has the authority to enter into
this Lease
11 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 commencement date hereof a non - disturbance agreement in a form reasonably
acceptable to Tenant
12 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 (n) 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 (n) of this section
and honored by the applicable financial institution
13 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
14 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
15 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 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
16 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
17 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
18 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
19 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
(Signatures on next page)
Wim, laz - .6-f-ro
11 4
STATE OF FLORIDA )
)SS
COUNTY OF PALM BEACH )
LANDLORD: CITY OF BOYNTON BEACH. FLORIDA
By:
yo- ell
Its:
Address: 100 E Boynton Beach Boulevard
P.O. Box 310
Boynton Beach, FL 33435 -0310
(561) 742 -6000
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me
by—L-c. ti , L(AQ C(t Ipi --- of City of Boynton Beach, Florida freely and voluntarily under authority duly
vested in him - by lr i corporation and that the seal affixed thereto is the true corporate seal of said corporation He�She i�
p ersonally known to me'or who has produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this 1 kTV) day
of �� � ,2012.
ILEANA E CARUSO
MY COMMISSION 0 EE1&74W
EXPIRES January 05, 2016
Witness:
Notar✓ Public
My Commission Expires:
TENANT: WILTON MANORS STREET SYSTEMS, INC.
I
By. /�---
j iel L ardin
Its. President
Witness-
STATE OF FLORIDA )
)SS
COUNTY OF BROWARD 1
Address- 2987 Center Port Circle, Suite #3
Pompano Beach, Florida 33064
(954) 788 -4747 office (954) 788 -1803 fax
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County
aforesaid to take acknowledgments, 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 /She is personally known to me or who has
produced as identification.
WITNESS my hand and official seal in the County and State last aforesaid this day
� 3013
r
Notar✓ Public
My Commission Expires.
OMI L II
�r OrID• �II� M �, �!>f
�rs�M�1lN
RULE 14 -10 004, F A C _
<a - o58
FLORIDA DEPARTMENT OF TRANSPORTATION 57 5- 0 70-04 O WAY
RIGHT OF WAY
OGC - 02(09
RE Application for outauor ac,,ierusing sign permit
To be completed by applicant:
Name of Applicant or Company W1 DA119R.I&245 .5716 T,5 psi /AIC'
Sign is ❑ existing E] proposed /
County �R4N �� Municipality, rt applicable �oyitlTON )6,e f
Highway Name & Number. 9 f 11V_r2 �<S7� 95
Sign location description: 4Fts / :5 I'm- _�/T U / AC 1 0 A0 'C11 )64JI6
Parcel ID #: 095 0 21.3 `7 /0000
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use V , �O& L
Current zoning of parcel (from Land Development Regulations): A)dt t'; ` �.Qid.4T� ,r/� i4� ' /�a�fiiZ"T /o/� L--
Copies of the applicable pages from the land use documents showing all allowable uses under the designations listed
above must be submitted with this application.
Is location within city limits: ® Yes ❑ No If yes, name of city: &} sQ�
Please provide the name and telephone number of the person the Department may contact if additional information is
required
Name: Telephone #:
I certify that the above information reflects the designation of the parcel as it is shown on the current comprehensive
plan adopted pursuant to chapter 163, Florida Statutes, and that I am authorized to sign this form on behalf of the
county /municipality named above
Signature of Local Government Official Date
Printed Name and Title
NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit
application by the Department.
Local Government Permission: Please complete the !r r - is belo.v. You may submit another form of written
statement indicating that the sign complies with all Ieia' rowernmen`al requirements. For a proposed sign location, a
copy of the building permit issued by the local government may be submitted
Theo or advertising si gn identified in this a lication
s ✓Co ri, i�t^eE� �0.fSV�tn� cfef�4 JF77 - 4,e f6
91 v compliance with all duly adopted local ordinances nces And has been or will be issued the necessary permits.
❑Is not in compliance with local ordinances, but is legally existing as a non - conforming sign
Ells not in compliance with local ordinances and is /would be considered to be an illegally maintained structure
I certify that I represent the governmental entity within v. ,, hose jurisdiction the sign described herein is located and that
the determin n reflec din this section is made under my delegated aut
L Y
Signature o Local Government Official Date
Loai LAVC_r-rte,r
Printed Name and Title
NOTE: Form must be completed not more than si.\ (6) months prior to receipt of the completes outdoor advertising permit
application by the Department
zrr e � r°'(4 i�
FLORIDA DEPARTMENT OF TRANSPORTATION
RE Application for outdoor advertising sign permit
)RIVt °,; 5 7011
oc,� - n1Wro'i
PAGE 1 of '2
To be completed by applicant:
hawie a #App scant or Corn in /
Sign is: cx __ proposed �
County r°f�4.ry + _ Municipality, if applicable: I }! �J� —
Highway Name and Number --
Segn . ocation description
Section: `- / Townsn +p 7J Range _ f f _"_ - - -•_ - --
Parcel ID # ____ -- 0,E 4/L /!P / Q cJUO 7C�
To be completed by appropriate zoning official:
Designation of parcel on the Future Land Use Map 11(1 7T l- e —_
The primary land uses unaer this designation are: __. '"!` ✓ ;� l/?�L7 liF'i� 'f' C ___�__._ _ ___ .
Current Zoning of parcel (from Land Development Regulations)
The urimary land uses Under th is designation are: V r 0 f t-,�
Sign location is within city I V Yes No
Flease provide the name and telephone number of tie person the Department may contact if additional mfo -rnat on is reganed
I certity that the above information reflects the designation of the parcel as it is shown on the curve it comprehensive plan adopted D rslrG4nt to
Chapter 163, Fk4iq Statutes, and that i am authorized to sign this form on behalf of the county/municipality named above
( 9
Signatu J of t' Govemmen'i Date —
Printed Name and Title `
Local Government Permission: Please complete the Items below. You may submit another form of written statement Indicating that the
sign complies with all local governmental requirements. For a proposed sign location, a copy of the building permit issued by the loca6
government niay be submitted
The outdoor advertising sign +dentified in this application /a /A,i C'G C'� r�'GC E',Sc'i�i'.v l i = v :Ti< Ei"� � 'C .�r�;
_.-- is In compliance with all duly adopted local ordinances and has been or will be issued the necessary permits
---- is not in compliai with local ordinances, but is legally existing as a non - conforming sig�i
s i rice with local Ordinances and is/would be considered to be an d e ally rnainta:ned structure
i i � f G ' L - - -- --
Signature of ;
ca Go mment t7fflc+
�r /ill S t.. � ?��'�v'� �'���'`'�Eil�7� LY•�ECT�!�
Printed Name and Title
CITY CLERK'S OFFICE
MEMORANDUM
TO: Lori LaVerriere
Interim City Manager
FROM: Janet M. Prainito, MM
City Clerk
DATE: July 12, 2012
RE: Aareements ADDroved by City Commission July 3, 2012
Attached is the agreement that was approved by the City Commission at their regular meeting
held on July 3, 2012. Please review, sign and return to me for further processing. Thank you.
RESOLUTION NO.OF DESCRIPTION
# DOCUMENTS
R12 -058 2 Clear Channel Outdoor Lease Agreement — Wilton
Manors
Attachments
S: \CC \WP \AFrER COMMISSION \City Manager Transmittals \2012 \07 -03 -12 - Clear Channel Outdoor Lease.doc
DEPARTMENT OF DEVELOPMENT
• Budding • Planning & Zonirg Ip accupatmpal L icenses 0 Community ReOvelapmevI
March 20, 2005
Ms. Cori Banes
Florida Strel,t Systems, LLC
3100; West :state Road 84, Suite 405
Fort Lauderdale, FL 3312
RE Billboard DOT Permit
Dear Ms. Barnes:
Pursuant to cons0ation writh our legal counsel, this letter is to advise that the s:gn on parcel
number: 0843-45-16-31-000-0770, identified in your fax letter of March 20, 2005, is
perinittabie pwisuant to a Court approved settlement agreement.
Sincerely,
Quintus Greene
Development Director
lrity of Boynton Beach s 100 East Boynton Beach Blvd., P.O. Box 310 0 Boynton Beach, Florida 33425 -0310
Phone: (561) 742.6350 • www.ci.boynton- beach.fl.us
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: (561) 742 -6090
E -mail: prainitoj @bbfl.us
www.boynton-beach.org
July 18, 2012
CORI A. BARNES
WILTON MANORS STREET SYSTEMS, INC.
HARDIN HOLDINGS, INC.
2987 CENTER PORT CIRCLE, SUITE 3
POMPANO BEACH, FL 33064
Re: Resolution No. R12 -058 — Amendment to Settlement Agreement
between Clear Channel Outdoor Inc. and the City of Boynton Beach
Dear Cori:
Enclosed is a copy of the above - mentioned Resolution along with the original FDOT
Application for Outdoor Advertising Sign Permit and an original Outdoor Lease
Agreement. If I can be of any additional service, please let me know.
Very truly yours,
CITY OF BOYNTON BEACH
�;et M. Prainito, MMC
City Clerk
Enclosures
S• \CC \WP\AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \1112 -058 - Clear Channel - FDOT Sign Permit &
Outdoor Lease Agreement Transmittal.doc
America's Gateway to the Gul fstream
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742 -6060
FAX: ( 561) 742 -6090
E -mail: prainitoj @bbfl.us
www.boynton - beach.org
July 18, 2012
GREG HIBBS
REAL ESTATE REPRESENTATIVE
CLEAR CHANNEL OUTDOOR
5800 NW 77 CT
MIAMI FL 33166
Re: Resolution No. R12 -058 — Amendment to Settlement Agreement
between Clear Channel Outdoor Inc. and the City of Boynton Beach
Dear Mr. Hibbs:
Enclosed is a copy of the above - mentioned Resolution along with an original
Amendment to the Settlement Agreement. If I can be of any additional service, please
let me know.
Very truly yours,
CITY OF BOYNTON BEACH
(fet Prainito, MMC
City Clerk
Enclosures
S: \CC \WP \AFTER COMMISSION \Other Transmittal Letters After Commission \2012 \R12 -058 - Clear Channel - Amendment to the
Settlement Agreement Transmittal.doc
America's Gateway to the Gulfstream