Z-97-SMW RESOLUTION NO. Z-97-SMW
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA PROVIDING FOR GR3kNT OF
WAIVER OF CLASS "C" SIGN MORATORIUM PURSUANT
TO ORDINANCE NO. 96-12, FOR AK MEDIA GROUP,
INC., AND RALPH MUTCHNIK, AS TRUSTEE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, AK Media Group, Inc. (a/k/a AK Media; Ackerley
Communications; The Ackerley Group), and Ralph Mutchnik, Trustee,
hereinafter jointly referred to as "Applicant" has applied to the
City of Aventura (the "City") for a waiver (the "Application") of
the Class "C" Commercial Advertising Sign Moratorium, as provided
by Ordinance No. 96-12, as amended; and
WHEREAS, the Application is subject to the jurisdiction of the
City of Aventura City Council (the "City Council"); and
WHEREAS, on April 1, 1997, a public hearing was held by the
City Council in accordance with Section 2 of Ordinance No. 96-12,
pursuant to the procedures of City Ordinance No. 96-9; and
WHEREAS, the City Council finds that the Class "C" Commercial
Advertising Sign, which is the subject of the Application, will not
detrimentally affect the outcome and implementation of the
comprehensive study process undertaken by the City for the
development and implementation of appropriate and effective Class
"C" Commercial Advertising Sign regulations, pursuant to Ordinance
No. 96-12, as amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. That the above stated recitals and findings are
incorporated by reference.
Section 2. Application Granted. That the Application is
hereby granted, subject to the conditions provided below. A waiver
(the "Waiver") of the Moratorium provided by Ordinance No. 96-12,
as amended, is hereby granted on the Application and the issuance
of a development order (the "Development Order") for the Class "C"
Commercial Advertising (billboard) Sign (the "Sign") described in
the Application is hereby authorized, in accordance with law, for
the specific Sign location on the Applicant's property (the
"Property") on the west side of Biscayne Boulevard at N.E. 206th
Street, at which such Sign is presently located, as depicted on
Exhibit "A" attached hereto and incorporated herein.
Section 3. Conditions. That the conditions hereby
established and imposed upon the Waiver and the authorization for
issuance of a Development Order as granted above, are as follows:
1. That the Applicant shall comply with each and every
of the representations made in the March 14, 1997 letter of
application of the Applicant (the "Letter of Application"), as set
forth in City Council Agenda Item No. 7(A) of the April 1, 1997,
City Council Agenda.
2. That, except as otherwise specified below, the Sign
shall remain, as presently constructed, at the location where such
Sign presently exists, until the completion of the new bridge-
interchange being constructed by the Florida Department of
Transportation ("FDOT") at N.E. 203rd Street and Biscayne Boulevard
(the "Construction"). The Sign shall be removed by Applicant
before or immediately upon completion of Construction by FDOT;
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provided, however that regardless of the status of Construction or
the date of completion of such Construction by FDOT, the Sign shall
be removed by Applicant and shall not remain on the Property or in
the City beyond the date of September 30, 1999 (the "Deadline").
This Deadline shall apply even if FDOT has not commenced or having
commenced has not completed the Construction of the bridge-
interchange by such Deadline, so that, in any event, Applicant
shall remove the Sign from the Property on or before September 30,
1999 or the date of completion of Construction, whichever is
earlier.
3. Applicant shall post a performance bond, in a form
and with surety approved by the City Attorney, in the amount of
$10,000.00, to assure the removal of the Sign as provided in
Paragraph 2 of Section 3, above. The penal sum of the bond shall
be payable to City upon Applicant's failure to timely remove the
Sign. The bond shall provide that City shall be authorized to
remove such Sign in accordance with the condition provided in
Paragraph 2 of Section 3, above, in the event Applicant fails to
timely remove the Sign.
4. That in the event that litigation arises between the
Applicant and City pertaining to the enforcement of the conditions
of this Resolution, the prevailing party in such litigation shall
be entitled to tax its attorney's fees and costs against the other
party.
5. That upon removal of the Sign in accordance with
Paragraph 2 of Section 3, above, no compensation shall be payable
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to Applicant from or by City as a consequence of the Sign removal.
Applicant has acknowledged that they have voluntarily agreed to
remove the Sign in accordance with the conditions of this
Resolution as an inducement to the approval of the Waiver provided
herein.
6. That Applicant shall provide, execute and deliver to
City, in a form approved by the City Attorney, a stipulation of
their legal counsel, by which Applicant, unequivocally accepts and
agrees to abide by the conditions of this Resolution.
7. That in accordance with the Letter of Application,
that certain litigation between the parties, styled as AK Media
Group, Inc. and Ralph Mutchnik v. City of Aventura, Case No. 97-
04652, pending in the Eleventh Judicial Circuit Court in and for
Dade County, Florida, shall be dismissed, with prejudice, by
Applicant.
Section 4. That the City Manager and City Attorney are hereby
authorized to take any action necessary to implement the provisions
of this Resolution, and the City Manager is authorized to cause the
issuance of all necessary permits in accordance with the terms and
conditions of this Resolution and applicable laws.
Section 5. That the Waiver granted herein shall apply solely
to the Sign described herein and shall be of no force or effect
unless and until Applicant has complied with Paragraphs 3, 6 and 7
of Section 3 above.
Section 6. That any violation of the conditions of Section 3
above, shall cause the Waiver and Development Order to be subject
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to revocation by the City, and shall authorize the initiation of
enforcement action.
Section 7. That this Resolution shall serve as a quasi-
judicial order and shall be effective immediately upon adoption.
PASSED AND ADOPTED this 1st day of~April, 1~7.
ARTHUR I. SNYDER~ MAYOR
TE~RESA M. SMITH, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY ~
FILED IN THE OFFICE OR THEN CITY CLERK, CITY OF AVENTURA,
FLORIDA, THIS /~ DAY OF (/~,~/ , 1997.
ESA M~ SMITH, CMC, CITY CLERK
328001 \RESOLTUI \AK~ED IA. A03
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EXHIBIT "A"
RESOLUTION NO. Z-97-SMW
Depicting Sign at 20520 Biscayne Boulevard
Aventura, Florida
October 1996