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R12-0581 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 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 Document in Windows Internet Explorer 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. Document in Windows Internet Explorer I I 6 3 4 5 6 7 0 10 11 12 13 14 1',5 1P 1i7 1I� 2 24 2� 20 2� 28 i 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 Document in Windows Internet Explorer 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&#4 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