Item W4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
ADD ON
Meeting Date:
November 20,2002
Division:
County Attorney
AGENDA ITEM WORDING:
Report of Court Ordered Mediation and approval to execute Settlement Agreement in
the litigation of Republic Media v. Monroe County.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATIONS:
TOTAL COST:
COST TO COUNTY:
BUDGETED: Yes 0 No 0
APPROVED BY:
County Attorney. OMB/Purchasing 0 Risk Management 0
DIVISION DIRECTORAPPROVAL~~
MES . HEN RICK
DOCUMENTATION: Included 0 To Follow 0
Not Required 0
AGENDA ITEM #
W~
IN THE CIRCUIT COURT OF THE
161H JUDICIAL CIRCUIT IN AND
FOR MONROE COUNTY, FLORIDA
CASE NO. 99-20215 CA 18
REPUBLIC MEDIA, INC., and
OUTDOOR SYSTEMS, INC., qualified'
To do business in Florida as OUTDOOR
SYSTEMS ADVERTISING COMPANY
Plaintiffs,
-vs-
REPORT OF COURT
ORDERED MEDIATION
MONROE COUNTY FLORIDA, a
Politcal subdivision of the State of Florida
Defendant,
/
A mediation hearing was held on September 13, 2002, for the above
styled case. Mediator, David P. Kirwan, conducted the proceedings. All parties
were present. A complete agreement was reached.
A summary of the agreement reached between the parties is as follows:
1. Plaintiffs shall not be allowed to reconstruct the following billboard signs
located in Monroe County, Florida:
BH527 -35
mm 31.8
BH526-35
mm31.6
BH525-35
mm31.6
BT195
mm 29.9
BH51 0-35
mm19.5
Page 1 of 4
2. Plaintiffs shall remove (and not be allowed to reconstruct) the following
billboard signs located in Monroe County, Florida:
AK322-10
BH466-35
BE388-35
BE385-35
mm106.9
mm106.7
mm31.4
mm31.4
Plaintiffs shall remove the signs listed immediately above within 12 months
from the date of ratification of this Agreement by the Monroe County
COmmission or upon expiration of presently-existing advertising contracts with
Plaintiffs' billboard customers, whichever first occurs.
Except for all of the above-listed billboard signs, Plaintiffs shall be allowed to
obtain Monroe County permits and to reconstruct the billboards that were
damaged by hurricane Georges and as identified in Plaintiffs' Second
Amended Complaint. Plaintiffs shall obtain all necessary permits, including
after-the-fact permits deemed necessary by Monroe County. Monroe County
agrees that the "original valuation formula" (i.e. as it existed in 1998) applies to
the billboards to be reconst:ructed pursuant to this agreement.
3. Plaintiffs agree to permanently remove any of its signs located in Monroe
County, Florida which do not have a current permit from the Florida
Department of Transportation and which signs are not entitled to be permitted
by the Florida Department of Transportation.
4. All pending Code Enforcement cases pending against the Plaintiffs in Monroe
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County, Florida shall be withdrawn or dismissed.
5. Monroe County agrees to adopt the maintenance/repair standards contained
in Chapter 479, Florida Statutes and/ or the administrative regulations
promulgated thereunder as part of the Monroe County Code. Such standards
shall apply prospectively from the date of this agreement.
6. Defendant agrees that the use of vinyl sign faces (even those that involve a
change of copy) is not prohibited under the existing sign ordinance of Monroe
County and that no County permit is required to change a vinyl sign face. Any
modification made to a billboard to accommodate the use of vinyl sign faces
shall not result in an increase in the size of the sign face.
7. Plaintiffs and Defendant agree to negotiate on a cooperative basis to amend the
sign ordinance of Monroe County, Florida to deal with regulations concerning
reductions in size of signs, removal or retention of existing billboards, and
other matters of mutual concern. This paragraph does not require any party to
make any further agreements, but is merely an expression of the various
parties' intent.
8. The court will enter a dismissal of this case with prejudice, each party to bear its
own attorney's fees and costs.
9. This settlement is contingent upon the approval of the Board of County
Commissioners of Monroe County, Florida.
Page 3 of 4
Plaintiff
Republic Media, Inc.
By:
Defendant
Monroe County Florida
B.
Plaintiff
Outdoor Systems, Inc.
By:
~ il-, rP:
'\-L - r--:?"
~rald S. Livingston
Attorney at Law
Attorney for Plaintiff
en Cabanas
Attorney at Law
Attorney for Defendant
ko as Mulick
Attorney at Law
Attorney for Plaintiff
I HEREBY CERTIFY that a true and exact copy of the foregoing was mailed to the
Honorable Luis Garcia, Circuit Judge, at Upper Keys Government Center,
Tavernier, FL 33070 on the _ day of September, 2002.
David P. Kirwan
Mediator #5043R
6803 Overseas Highway
Marathon, FL 33050
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