Fort Walton Beach Council agenda — 09-11-2007 workshop agenda — reading text

Sign Code, including, Without limitation, Ordinance 772, as amended by Ordinance 981, as amended by Ordinance 1050, as amended by Ordinance 1129, as amended by Ordinance 1133, as amended by Ordinance 1452 (hereinafter collectively the City' s Sign Code"), violates any laws or constitutional provisionS of the United States or the State of Florida, aJ;ld further agrees to release the City from any claim that the City' s Sign Code was not enacted in accordance with applicable Florida law; provided, however, the parties expressly a.cknowledge, stipulato and agree that LaIna! is not waiving or releasing any claim that it may now have, or in the future have, for a violation of 9479. 15( 2), FIa. Stat Moreover, Lamar agrees to release Fort Walton and to waive any 3  c1a.iI?Lamar may have in the future to challenge the validity or enforceability of any amendment to the City' s. Sign Code under any law or constitutional provision of the United States or the State of Florida; provided, however, nothing contained herein shall limit or restrict Lamar' s right to challenge the validity or enforceaqility of any amendment to the City' s Sign Code, which adversely affects Lamar' s billboards or the messages which La.m.can display on its billboards. . 2r 4. I.J:!rna.r sball be entitled to maintain and operate its eight billboard structures identified in Exhibit " 13" attached hereto pursuant to the provisions of Chapter 479, Fla. Stat., and Chapter 14- 10, Florida Administrative Code. S. Each party shall be responsible for paying its own attorneys' fees and costs incurred in this pro~eecling. 6. This Settlement Agreement shall be submitted to the Circuit Court in and for Okaloosa County, Florida, for approval and ratification, pursuant to the provisions of Rule 1. 540(b)( S), Fla.R.Civ.P. 7. In the event the 1st D. C. A. refuses to grant the relief set forth in the Joint this Motion, or in the event the Circuit Court fails or refuses to approve and ratify Settlement Agreement, this Settlement AgreemeiJ.t shall be rendered null and void. 8. In the event the 1st D. C.A grants the relief set forth in the Joint Motion, and shall the Circuit Court ratifi.es and approves this Settlement Agreement, the Circuit Court the retain jurisdiction over the parties for the purpose of enforcement and compliance with of litigation to enforce or interpret provisions of this Settlement. Agreement. . In the event award of its this Settlement Agreement, the prevailing party shall be entitled to an 4 I - -.. attorneys' fees and costs which shall be paid by the non-prevailing party, including attorneys' fees. and costs incurred at the trial court and appell~te court levels. DATED: 2- ju,4L- DATED: d./ ttl/o R. By: BY:~/ !: Mark N. Miller, Esquire Robert A.Emmanuel, Esquire Florida.BarNo. 239216 Florida Bar No. 283797 Gray, Harris & Robin~on,P. A. Robert O. Beasley, Esquire Post Office Box 3 . Florida Bar No. 148512 Lakeland,Florida 33802- 0003 Emmanuel, Sheppard & Condon 863) 284-2251 30 South Spring Street Post Office Drawer 1271 Pensacola, Florida 32501 850) 433- 6581 George N. Jr., Esquire Gerald S. Livingston,Esquire Meros,. Florida.Bar No. 026321 Florida Bar No. 112090 Lori S. Rowe, Esquire Aileen Reilly Wilson,Esquire Gray, Harris & Robinson,P, A. Florida Bar No. 0092452 Suite 600 Livingston & Reilly, P.A. 301 South Bronough Street Post Office Box 2151 Tallahassee, Florida 32301 Orlando, Florida 32802 850) 222- 7717 407) 422- 2524 . J. Jerome Miller, Esquire Florida.Bar No. 0128569 Miller & Associates 415 Mountain.Drive, Suite 3 Destin,Florida 32541- 2349 850) 837- 3860 . JOINDER Plaintiffs in the fonowing actions: Bro~ Brown & Bro~ et al. v. city of Fort Walton Beach. Case No. 00- 2763- CA, in the Circuit Court of the First Iudicial Florida., Circuit in and fo:r Okaloosa County, Florida; and R Christensen & S & D Root. et a1 v. 5 Municipal Code Enforcement Board of the City of Fort Walton Beach. Florid~ Case Numbers 00- 2527- CA through 00- 2534- CA, by ~ d through their undersigned ittomey, for and in consideration of ten- dollars ($ 10. 00) and o. v. c., the receipt and sufficiency of which is hereby acknowledg~ hereby join in this Settlement Agreement for the purposes of dismissal of the aforementioned cases pursuant to the provisions of this S ettlem.ent Agreement.. BY.~~ -/. Robert A. Emmanuel, Esquire 6 J{.'--""';"""--'-'. - ..----.. hir.;.. f'...- r~ t-(. ';"' h~_ _ ::: r.:.. - _ _ ,-:... .,=-___ _ _. _ _, TYPE FACES LOCATION FDOT EAST/SIDE MECO @ NON' 1 P 2 SULLIVAN FAP WEST/ SIDE WRIGHT @ . NON 2 p. 2 ROGERS FA? NORTH/ SIDE HOlL YWOOD @ NON 3 p 2 ROBINWOOD FAP NON 4 p 1 WEST/ SIDE SEAL @ THIRD FAP WEST/ SIDE SEAL 100' S/ O NON 5 P 2 WAL TER MARTIN FAP NON 6 P 2 WE$ T/ SJDE SEAL @ MAPLE FAP NON 7 P 2 EASTfSIDE SEAL @ MCGRIFF FAP NON 8 B 4 EAST/SIDE PERRY @ THIRD FAP 8 17 TOTALS  c ..-...:- 0- ."'..._~_.___ ........_____.___ . - -- . 0 _.~ . 0 0 0"... J;'" . I=',_'-.:~: C" J R _ ~ V. .~. _ ~'... _ . _ _ _ _'. _. ~ _- NORTH SIDE HWY. 98 W/ O 1 p 2 WRIGHT FAP NORTH/ SIDE HWY. 98500' 2 P 2 WID SEAL . FAP SOUTH/ SIDE HWY 98 500' 3 8 2 W/ O SEAL FAP NORTH/ SIDE HWY:' 98- . EJO..---- 4 B 2 HARBESON FAP NORTHSJDE HWY. 98 @ 5 B 2 BROOKS BRIDGE FAP SOUTH/ SIDE HWY. 98 @ 6 P 4 BROOKS BRIDGE FAP 7 P 3 EAST/ SlOE EGLIN S/ O PERRY FAP EAST/ SIDE EGLIN @ 8 B 1 HOLLYWOOD . FAP tr 8 18 TOTALS  LAMAR ADVERTISJNG EXHIBIT " A" city of Fort Walton Beach , Suggested Language for Sign Ordinance (Lamar Advertising) February 25, 2004 . The purpo.se of this language is to eliminate the ambiguity of the current ordinance and confoun to the spirit of the settlement agreement by and between Lamar and the City. The language would recognize th~ existence of and allow forreconstruction and/or improvements to existing structures .assure proper maintenance and prevent further proliferation of billboards. . Outdoor advertising sign also known as " offpremises. sign" ~ d/or~1> i1lboard sign" is hereinafter referred to as a. "billboard' .' BillboardS: , a) Abillboard is any sign composed of a-flat sUrface.upon which advertising copy is displayed promoting goods. services of other things