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R01-267RESOLUTION NO. R01- ~{~'1 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SETTLEMENT AGREEMENT REGARDING UNITED STATES DISTRICT COURT CASE NQ. 00-8577- CIV_MTDDLEBROOKS~STRA (AS CONSOLIDATED WITH 00-8803-CIV) FLORIDA OUTDOOR ADVERTISING, L.L.C. AND GOLD COAST ADVERTISING, INC., V. CITY OF BOYNTON BEACH) PROVIDING FOR SETTLEMENT OF PENDING LITIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Outdoor Advertising, L.L.C. and Gold Coast Advertising, Inc., filed separate complaints in United States District Court Southern District of Florida, and winch ~vere subsequently joined; and WHEREAS, the parties have agreed ro enter mto a Settlement Agreement as a compromise of a disputed claim, with no admission of liability by the City; and WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, has determined that it is in the best interests of the citizens and residents of the City to settle the pending litigation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: .Section 1. The City Commission hereby authorizes and directs the Mayor and City Clerk to execute the Settlement Agreement, attached hereto as Exhibit "A," between Florida Outdoor Advertising, L.L.C., and Gold Coast Advertising. Inc., and the City of Boynton Beach, providing for settlement of pending litigation in United States District Court between the parties (Case No. 00-8577-CIV-Middlebrooks/Bandstra, as Consolidated with 00_8803 -CIV-Middlebrooks/Bandstra). Section 2. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this q day of October, 2001. CITY~~0F 0YI~. 0.N B.F~ACH,__ FLORIDA ~' Mayor Vice Mayor Commissioner Commissioner Commissioner ATTEST: Subject: Will do. Bressner, Kurt RE: Billboare Documents ..... Orig!nal .MessageT,--7,- Sent: Wednesday, October 03, 2001 : To: Prainito, Janet Cc: Costello, Joyce Subject: Billboard Documents Janet, gave Jim Cherof four cop~es of the settlement agreement with the correc Please coordinate execution with Legal. I believe they will need to file the the Cour~. I have one set. Kurt B ed Exhibit A. Papers With -. . . UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577 -CIV-MIDDLEBROOKS/BANDSTRA (As Consolidated with 00-8803-CIV-MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC,and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT This Settlement Agreement is entered into this ~ day of @ ~ ,2001, by and between plaintiffs and appellees, Florida Outdoor Advertising, LLC, ("FOA"), Gold Coast Advertising, Inc. ("GOLD COAST') and defendant and appellant, the City of Boynton Beach ("the CITY"). WHEREAS, FOA filed suit against the CITY as evidenced by Case No. 00-8577 CIV; GOLD COAST subsequently filed suit against the CITY as evidenced by Case No. 00-8803; and the lawsuits were joined, and WHEREAS, an Order in Case No. 00-8577 CIV was filed on June 27, 2001, Denying Defendant's Motion for Summary Judgement and Granting Plaintiffs' Cross-Motions for Summary Judgement; and WHEREAS, Defendant, CITY timely filed a Notice of Appeal; and WHEREAS, FOA and GOLD COAST are sign companies that seek to construct signs for commercial and non-commercial speech at locations adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising; and WHEREAS, FOA filed a total of fifteen (15) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8577 CIV, and GOLD COAST filed a total of five (5) permit applications with the CITY for construction of signs prior to the filing of Case No. 00-8803; and WHEREAS, FOA has agreed to reduce the number of sign permits from fifteen (15) if the CITY agrees to issue six (6) permits to FOA to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "A", attached hereto and incorporated herein; and WHEREAS, GOLD COAST has agreed to reduce the number of sign permits from five (5) if the CITY agrees to issue three (3) permits to GOLD COAST to construct signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising at the locations listed and shown on Exhibit "B", attached hereto and incorporated herein; and WHEREAS, FOA and GOLD COAST have full authority to enter into this Agreement; and "-, WHEREAS, the CITY is entering into this Agreement as a compromise of a disputed claim; the CITY does not admit any liability; and WHEREAS, all parties consider it to be in their best interests and in the interests of the citizens and property owners of Boynton Beach to approve this Agreement. NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree each with the other as follows: Section 1. Recitals. The recitals above are true and correct. Section 2. Harmonv of Reaulations. All sign locations shall be inspected, approved and permitted in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising prior to the final issuance by the CITY of a building permit. Section 3. Sian Construction. FOA shall be permitted to construct six (6) signs within the Interstate 95 corridor through the CITY. GOLD COAST shall be permitted to construct three (3) signs within the Interstate 95 corridor through the CITY. The upper structure of the signs may be double-sided with a "V " shape on a single pole base as shown on Exhibit "C". The single pole is not required to be directly in the middle of the sign and may be on one end. The total height of the signs shall not exceed sixty-five (65') feet over the adjacent main-traveled way of Interstate 95 to the top of the signs, as shown on Exhibit "C". The engineering and construction of the signs shall be done in accordance with and shall comply with the Southern Building Code. Tri-Vision type sign faces are restricted and may be utilized on only Three (3) sign faces constructed by FOA and on only One (1) sign face constructed by GOLD COAST. Section 4. Alternate Sites. In the event any of the six (6) properties on Exhibit "A" or the three (3) properties on Exhibit "B" are not used as Sign sites or are 'TO BE DETERMINED", FOA and/or GOLD COAST may substitute another property for Sign site permitting by the CITY, provided said site is within the Interstate 95 corridor and the sign face shall be placed so as to be primarily visible from Interstate 95. The CITY shall not unreasonably deny a Sign permit to FOA and/or GOLD COAST so long as the substituted site otherwise conforms to FDOT permitting requirements, the limitations set forth herein, and the maximum number of Signs shall not exceed six (6) and three (3). Section 5. Residential Use Setback. Signs permitted by this Agreement shall not be located within 250 feet of any Residential Use, except on parcel number 08434528150740070 where one sign may be permitted at the discretion of FOA not less than 150 feet from a Residential Use. Section 6. Hiahwav Ramp Separation. Signs permitted by this Agreement shall not be located within 250 feet from the edge of pavement of Woolbright Road, Boynton Beach Boulevard or Gateway Boulevard. Section 7. Sian Size. Signs permitted by this Agreement shall not exceed 672 square feet per sign side. The size and height of the signs shall not exceed any of the dimensions as shown on Exhibit "C", attached hereto and incorporated herein, except for embellishments. Embellishments shall not exceed 20% thereof or extend more than 5 feet beyond the outside edge of any side of the signs. Section 8. Sian Liahtina. Signs permitted by this Agreement may be illuminated, however, a sign which contains, includes, or is illuminated by any flashing, intermittent, or moving lights is prohibited, except that lights embodied in the signs may be used. Further, the signs shall be so illuminated that they do not interfere with the effectiveness of or obscure an official traffic sign, device, or signal. 2 ~.. ..... . Section 9. Adult Content Prohibited. Signs permitted by this Agreement shall not display any advertising of any establishment or business that could reasonably be characterized as providing adult sexual entertainment, nor shall any sign contain sexually graphic materials. No signs shall contain any obscene language or language that describes sexual conduct or graphics that depicts sexual conduct. Section 10. MitiQation. In order to minimize the effects of construction of the number of signs for which applications were originally filed, and the expense of continued litigation and attorneys fees, the CITY, FOA and GOLD COAST agree that six (6) sign permits shall be issued to FOA. and three (3) sign permits shall be issued to GOLD COAST by the CITY. Section 11. AQreement RunninQ with FOA and GOLD COAST. This Agreement shall run with FOA and GOLD COAST and the locations permitted. This Agreement shall be binding upon the parties hereto, their successors and assigns. FOA and GOLD COAST have full authority to enter into this agreement and implement this agreement for the application, location and signs referenced herein. Section 12. Settlement of Claim. FOA and GOLD COAST acknowledge that the CITY agrees to the construction of the signs as described above in settlement of FOA's and GOLD COAST's claims and that the CITY does not admit any liability in this Settlement Agreement. Section 13. Entire Aqreement. This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Agreement. Section 14. Voluntary Dismissal/Attornev's Fees and Costs. This Agreement will be filed with the Court. The lawsuits filed against the City by FOA, Case No. 00-8577-CIV and by GOLD COAST, Case No. 00-8803-CIV and the appeal thereof will be withdrawn and a voluntary dismissal with prejUdiCe~ shall be filed with the Court by FOA and GOLD COAST within 10 days of all parties executing this Agreement. Each party shall bear its own Attorney's Fees and Costs. The Court shall retain jurisdiction of this action to enforce the terms and conditions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date written above. By: CI~~\H lYf.t),l "EA~, FLORIDA ~'\ ~~,. tJ z . ~.Q ..... .~ ::::~ ~ .. --- ~ ~ 10 Ge ~lIng, Mayor == 0 i~ :: :: >- \- t'\. :: ~ \-" \ n,?,.\J ~ %0 '- '\~..-' '!r' ~ ~ '-....... ,<:) ~ , City Attorney ~/III FLO~\\\\\>$' 11111/1 I \1\\\\\\ FLORIDA UTDOO 'I orm: WITNESSES ~~G1-- Print Name: [:)t-\-0 l D~. {{)Lus' GehJ.lrnaJ~ Dated: Print Nam~l" Gx..~h. ~ By: Dan el L. Hardin, President &~ ~~/ 3 '. . STATEOFFLO~ tal 1/1,,/>,L &/J~A~A COUNTY OF (J n @- '1m I:J#UC/I (/CA/J't' -j C{//A The foregoing instrument was acknowledged before me this u! day of ~k~ 2001, by Daniel L. Hardin, as President of Florida Outdoor Advertising, LLC. A Florida corporation, on behalf ob, tDe \corpQration. He/She is personally known to me or has produced I teA ) L/~~pe of identification) as identificatio RSi n ture of P " .,.,. MMy Lynne .. * Mv Commlsslen CC921888 "'~..,,'I' Expires April ~:?rm Typed, Printed or Stamped WITNESSES Dated: J 0-0 ~--O I STATE OF FL~QA I;} -,.r I" COUNTY OF 't"'a \vY' 1~lM-"'- ThQre~Oing ins!f1[.' was aCknOWledge~IOre 'llhiS~ 01 tOe,~"- 2001, by .J j( 1YfL tlJ"t/L, as I <S./t- Li7I- (name of officer or agent, title of officer or agent), of Gold Coast Advertising, Inc., a Fi rid a cor~or tion, on behalf of the corporation. He/She is personally known to me or has produced' , (type of identification) as identification. Name Typed, Printed or Stamped ~ M8~L~neR.~ *.,* My CommiaIon CC929698 ~...:I &pIresAprtl20, 20Q.4 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577 -CIV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00-8803-CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC, and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. / SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "A" Florida Outdoor Advertising, LLC signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) Pelican Estates, Inc., 4010 Thor Drive, PCN 08434605000007060 2) Elsie Winchester, vacant land, PCN 08434528000007030 3) William Hartman d/b/a Bulldog Fence Company, 555 W. Ocean Avenue, PCN 08434528150740070 4) AA Alpine Storage-Boynton, LLC d/b/a Extra Closet, 860 W. Industrial Avenue, PCN 08434520200000010 5) West Industrial Associates, 1300 W. Industrial Avenue, PCN 08434521000003090 6) Florentine Marble Co., Inc., vacant land, PCN 08434516000003090 .,. . UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO. 00-8577 -CIV-MIDDLEBROOKS/BANDSTRA (As consolidated with 00-8803-CIV- MIDDLEBROOKS/BANDSTRA) FLORIDA OUTDOOR ADVERTISING, LLC,and GOLD COAST ADVERTISING, INC. Plaintiffs, vs. CITY OF BOYNTON BEACH, Defendant. SETTLEMENT AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA OUTDOOR ADVERTISING, LLC, AND GOLD COAST ADVERTISING, INC. REGARDING THE CONSTRUCTION OF SIGNS EXHIBIT "B" Gold Coast Advertising, Inc. signs adjacent to the Interstate 95 corridor through the CITY in conformity with Florida Department of Transportation Rules Regulating Outdoor Advertising: 1) 3800 South Congress (PCN 08434605000007010) 2) West Side 1-95,To Be Determined 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 ,-". .... .. - ,. City of BOYNTON BEACH SIDE ELEVATION (ONE OF TWO SIGN FACES SHOWN) EXHIBIT "e" 1< 481 >'1 141 CATWALK 65' The Sign will have a IIVII Shape 48' Adjacent Main-Traveled Way of Interstate 95