Fort Walton Beach Council agenda — 09-12-06 ‎(Executive)‎ — reading text

850) 222- 3533 jerry@penningtonlaw. com Dunbar P.A. ATTORNEYS AT LAW www. penningtonlaw. com June 29, 2006 Toni L. Craig, Esquire via FACSIMILE ( 850/ 244- 8929) Attorney at Law and UNITED STATES MAIL 244 Racetrack Road, NE Fort Walton Beach, Florida 32547- 1866 RE: Modification to Settlement Agreement between Lamar Outdoor and Fort Walton Beach, Florida Dear Ms. Craig: This will serve as a follow up to our meetings, correspondence and telephone calls over the past several months relating to Lamar' s desire to upgrade the safety and appearance of the billboard structures which they operate within the City of Fort Walton. As we have previously discussed, an appropriate and expeditious way of removing and replacing existing structures is by way of Modification to the Settlement Agreement previously entered into between our clients. In this regard, I prepared and delivered to Joe Raines a proposed Modification Agreement which he delivered to Missy McKim on or about May 22, 2006. Additionally, Mr. Raines provided to Ms. McKim photographs and renderings of the replacement billboards. I enclosing herewith duplicate originals of the Modification to Settlement am Agreement which will accomplish the objectives which we have previously discussed. I am requesting that Modification Agreement be scheduled for consideration before the City Council for consideration and approval. Please advise as to when the Modification Agreement will be heard by City Council, which we are requesting be done as soon as possible. Thank you for your attention and cooperation in regard to the foregoing. Si ncerely, 1 .-----.. - __ Gttald S. Livingston GSLjbgs cc: Joe Raines G: \ eny\ Lamar- Fort Walton \Craig06- 29- 06. wpd Barbaras\] 215 South Monroe St.,2nd Floor ( 32301) P.O. Box 10095 Tallahassee, FL 32302- 2095 850) 222- 3533 850) 222- 2126 fax TAl' Al-IA,< a' l' TAMPA CLEARWATER  IN THE CIRCUIT COURT OF THE FIRST JUDICIAL CIRCUIT, IN AND FOR OKALOOSA COUNTY, FLORIDA CASE NO. 00- 202- CA LAMAR TEXAS LIMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON, Plaintiff, vs. CITY OF FORT WALTON BEACH, Defendant. I MODIFICATION TO SETTLEMENT AGREEMENT This Modification to Settlement Agreement is made and entered into by and between Plaintiff, LAMAR TEXAS LIMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON, and the Defendant, CITY OF FORT WALTON BEACH, as follows: WHEREAS, the parties hereto have previously entered into a Settlement Agreement on or about February 20, 2002 in the above- referenced cause of action; and WHEREAS, the parties hereto wish to modify the Settlement Agreement for the purpose of reducing the number of billboard structures which Lamar may maintain and operate within the City of Fort Walton Beach, Florida; and WHEREAS, Lamar has agreed to reduce the number of billboard structures which it may maintain and operate within the City of Fort Walton, Beach, subject to certain conditions; and  WHEREAS, the parties desire to reduce their agreement to writing to be approved by the parties hereto, subject to the formalities of approval as required by each of the parties hereto. NOW, THEREFORE, the parties hereto intending to be legally bound by this Agreement, do hereby covenant, stipulate and agree as follows: 1. The foregoing recitals are incorporated in, and made a part of, this Agreement. 2. The maximum number of permitted off-premises sign which Lamar may maintain, operate, construct and reconstruct shall be limited to four ( 4). Each sign constructed, reconstructed or relocated hereunder shall conform to the provisions of this agreement and the design standards attached hereto as Exhibit " A". 3. Off-premises signs shall be allowed in HC, C- 2, M- 1, M- 2, MUCC- 2, MUM- 24, MUMS, MUW- 18, MUCC- 1, EF, OS, and yc. The specific locations of the four signs to be initially constructed, reconstructed or relocated hereunder are identified in Exhibit 8" attached hereto. 4. A conditional building permit for the construction of an off-premises sign shall be issued conditioned upon the removal of two ( 2) existing off-premises signs and their supporting structures. Confirmation of the removal of two ( 2) off-premises signs shall be on file with the City prior to the issuance of a final building permit to construct a new off-premises sign. Following confirmation of the removal of two ( 2) off- premises signs and their supporting structures, a certificate shall be issued by the building official for construction or reconstruction of one off- premises sign structure. The parties hereto acknowledge and agree that Lamar has removed one ( 1) off- premises sign structure prior to the date hereof, and Lamar shall be given credit for such removal. Lamar may hold the certificate, redeem it for a building permit to construct a new off- premises sign structure, or convey the certificate to a third party. An off- premises sign constructed in 2 accordance with the provisions of this Agreement may be relocated or replaced by another off-premises sign on a one- for- one basis which shall be constructed in accordance with the provisions contained in this Agreement and the design standards attached hereto as Exhibit " A". 5. Each off-premises sign constructed hereunder shall be limited to two advertising facings which shall not exceed 300 square feet in size; provided, however, no side- by- side or stacked units shall be allowed within a sign facing. 6. Each sign facing may display advertising messages that may be changed at intervals by electronic or mechanical process or by remote control, provided each sign facing meets the following conditions: ( 1) has a static display lasting no less than six seconds, ( 2) achieves a message change with all moving parts or illumination moving or changing simultaneously over a period of three seconds or less, and ( 3) does not display any illumination that moves, appears to move or changes in intensity during the static display period. Lamar shall reserve one spot on each electronically controlled sign facing for use by the City for the purpose of displaying Public Service advertisements ( e. g. Welcome, Amber Alerts, Hurricane Evacuation, Surf Warnings, Bill Bowlegs Festival, Okaloosa on Ice, Musical Echoes, Main Street Events, Chamber Events, Concerts, Plays, etc.). 7. Each off-premises sign structure shall be a monopole pole structure. 8. Each off-premises sign shall be erected to such height as is reasonably necessary to achieve clear visibility to the two sign facings displayed on such monopole structure, but in no event shall a monopole structure be higher than-fifty- five ( 55) feet. 9. Each off-premises sign structure and the two sign facings displayed thereon, shall comply with applicable state statutes, state regulations, and the engineering and wind loading requirements of the Florida Building Code. 3  10. An off-premises sign constructed in accordance with the provisions of this Agreement shall be classified as a legal conforming sign. 11. An off-premises sign may display commercial or non- commercial messages. 12. An off-premises sign may be erected on a vacant parcel of property. 13. To the extent not in conflict herewith, the balance of the provisions of the Settlement Agreement entered into between the parties on or about February 20, 2002, shall remain in full force and effect, with the exception of paragraphs 6, 7, and the first sentence of paragraph 8 which are not applicable to this Modification Agreement. DATED: DATED: CITY OF FORT WALTON BEACH LAMAR TEXAS LIMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON BY: BY: MAYOR JOE RAINES Vice President/ General Manager ATTEST: CLERK G: Barbaras\ \ J erry\ Lamar- Fort Walton Mod \ i fication06-29- 06. doc 4 Helen Spencer From: Toni Craig [toni@tlcpa. gccoxmail.com] Sent: Wednesday, September 13, 2006 9: 04 AM To: Jerry@penningtonlaw. com; mmiller@gray- robinson. com; Joyce Shanahan; Missy McKim wayne'; ' Bob Campbell'; Mike Anderson; ' Bill Patterson'; mikeycmat@aol. com; Cc: net; jmtucker1@cox. net; 4eagles@cox. net; Helen Spencer mike@seminc. Subject: Lamar Inc. v. City of Fort Walton Beach Proposed Modification to Settlement Agreement 13 September 2006 Gerald S. Livingston Pennington Moore Wilkinson Bell & Dunbar PO Box 10095 Tallahassee FL 32302- 2095