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
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FLORIDA UTDOO
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orm:
WITNESSES
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Print Name: [:)t-\-0 l D~. {{)Lus'
GehJ.lrnaJ~ Dated:
Print Nam~l" Gx..~h. ~
By:
Dan el L. Hardin, President
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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