Fort Walton Beach Council agenda — 10-30-06 ‎(special)‎ — reading text

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- l, M- 2, MUCC- 2, MUM- 24, MUMS, MUW- 18, MUCC- l, EF, OS, and yc. The specific locations of the four signs to be initially constructed, reconstructed or relocated hereunder are identified in Exhibit 6" 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 official signs and their supporting structures, a certificate shall be issued by the building 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 windloading 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 UMITED PARTNERSHIP d/ b/ a LAMAR ADVERTISING OF FORT WALTON BY: BY: MAYOR JOE RAINES Vice President/ General Manager AlTEST: CLERK G:\BarbarasVerry\ Lam ar- Fort W alto n\Mod i fication06-29- 06.doc 4  v of YlVd WaItmt $ eacIi America' s Most Beautiful Beaches I V iX' I~ 10fJ M/far:: le Strip Parkway. SW. p 0 Bo~ 4009. Fo/1 Waltoll Beach, Fl. 32f,49 l ", vv?"":....' 850) 833- 9598. Fa) ( 850) 833- 9926 TDD ( 850) 833- 9925 April 27, 2006 Community Development Services Mr. Joe Raines Vice President General Manager, LAMAR P. O. Box 2857 200 Greenacres Road Fort Walton Beach, FL 32547- 1198 Dear Mr. Raines: I am in receipt of your letter dated March 24, 2006 with the attached " Modification to Settlement Agreement", Since our meeting in December and the receipt of the pictures of numerous different billboard types, I have been expecting to work with you on what type ofbillboard(s) might be appropriate for the City of Fort Walton Beach and the possible locations. In reviewing the " Modification to Settlement Agreement" with the City Attorney, we do not see any attempt to develop design standards that would make a billboard within the City limits an asset. In addition,the proposed agreement does not identify specific locations, meet height standards or address compatibility issues. The City of Fort Walton Beach' s mission is to be " a small, family oriented seaside community that boasts of the historical downtown, technology research park and adjacent military bases." Further it states, " a beautiful City has evolved that is characterized by the following elements: beautiful views and vistas to the Bay and Santa Rosa Sound; low-rise profile of development; a City clear of visual clutter, i.e., poor signage, utilities, trash, ugly buildings; tree planting programs throughout the City; quaint downtown community plaza and retail center; numerous parks; a series of bikeways and pedestrian ways throughout the City, new appropriate architectural development; the highest possible water quality in our beautiful Bay and Sound; and an aesthetically pleasing, revitalized City core area." The City is dedicated to its mission and is working diligently to protect and promote those elements that characterize the City. Any modification to the settlement between the City and Lamar would have to support the City' s Vision Plan, "Focus on the Future" as well as all other plans adopted by the City which guides future development within the City. I would be happy to explore the ideas you have to see if there is a way they can be an asset and further the Vision for the City of Fort Walton Beach. Sincerely, 11~ Missy M~ cc: Joyce Shanahan Toni Craig  htf ..,.. IIM ... Joe Raines Vice President- General Manager May 22, 2006 Ms. Missy McKim Director, Community Development Services City of Ft. Walton Beach Hand Delivered Re: Details and supporting documents for ModifICation to Settlement