HomeMy WebLinkAbout2015 02 23 Public Hearing 501 Dittmer Billboard Conversion Agreement COMMISSION AGENDA
Informational
Consent
ITEM 501 Public Hearin s X
g
Regular
February 23, 2015 KS RS
Regular Meeting City Manager Department
REQUEST:
Pursuant to Section 16-77 of the City Code, the Community Development Department,
Planning Division is requesting the City Commission consider approval of a Digital
Billboard Conversion Agreement, between the City of Winter Springs and Dittmer
Properties, Inc, and Walt Dittmer and Sons, Inc., which will allow the conversion of a
legally non-conforming billboard into a digital billboard with electronic message display
technology on real property located along U.S. 17-92 within the Redevelopment Area.
SYNOPSIS:
Circa 2001, the City prohibited the construction of new billboards and established an
inventory list of existing nonconforming billboards located throughout the City. The
subject billboard is located at the southeast corner of the intersection of U.S. 17-92 and
Shepard Road within the County's Redevelopment Area and is on the inventory of
nonconforming billboards. The billboard is old and not in the best of condition. It is
currently held up by six (6) wooden poles, has two traditional sign faces, and was
constructed prior to the advent of electronic message display technology. Under the current
City Code, nonconforming billboards cannot be replaced except under limited
circumstances. However, in 2014, the City Commission modified the City's billboard
regulations regarding billboards located along U.S. 17-92 within the Redevelopment Area
to allow such billboard owners to propose converting an existing billboard identified on the
aforementioned inventory list to a new digital billboard sign under negotiated terms and
conditions approved by the City Commission. Pursuant to the City Code, the applicant is
requesting to forever remove the existing traditional billboard in exchange for permission to
convert that billboard to a new billboard with electronic message display technology on an
adj acent parcel which abuts U.S. 17-92 that is under the same ownership.
Public Hearings 501 PAGE 1 OF 5- February 23,2015
CONSIDERATIONS:
1. The existing nonconforming billboard is located at the southeast corner of the
intersection of U.S. 17-92 and Shepard Road. The billboard has been on the City's list of
nonconforming billboard since circa 2001. The current City Code does not permit the
existing billboard to be replaced except under very limited circumstances. The existing
billboard is not in the best of condition. A picture of the existing billboard is attached to
this Agenda Item.
2. The City's billboard regulations generally promote the elimination of nonconforming
billboards over time through amortization. However, in 2014, the City Commission
modified the City's billboard regulations to allow owners of existing billboards located
along U.S. 17-92 within the Seminole County Redevelopment Area to propose converting
an existing billboard identified on the aforementioned inventory list to a new digital
billboard sign under negotiated terms and conditions approved by the City Commission.
The billboard conversion regulations are strictly limited to the U.S. 17-
92/Redevelopment Area and are set forth in Section 16-77 of City Codes and were
adopted by Ordinance 2014-13. Further, these regulations permit these existing billboards
to be reconstructed on other property that abuts U.S. 17-92 which is owned by the owner
of the existing structure or subj ect property.
3. The existing billboard is located at the southeast corner of the intersection of U.S. 17-92
and Shepard Road. It is currently held up by six (6) wooden poles, with two faces, and was
constructed prior to the advent of electronic message display technology. The existing
billboard is not in the best of conditions.
4. The applicant proposes to convert the existing billboard into a digital billboard. This is
the first time that the City Commission has considered a billboard conversion request since
the City Commission adopted the conversion regulations in 2014. The conversion
regulations adopted by the City Commission only allow conversions by negotiated
agreement which must be approved by the City Commission.
5. If the City Commission decides not to approve the Digital Billboard Conversion
Agreement, the existing nonconforming billboard will remain a traditional billboard
subj ect to the requirements of the City Code and may eventually through future years of
deterioration be removed because it cannot be simply reconstructed in its current
condition.
6. The parcel where the existing billboard is located has overhead power lines that City
staff believes prevents the reconstruction of the billboard on the same parcel. Because of
the power line obstruction, the applicant has indicated a desire to reconstruct the billboard
on an adj acent parcel which abuts U.S. 17-92 that is under the same ownership ("relocation
property"). The relocation property does not have interference issues with overhead power
lines, and will permit the reconstruction of the billboard in accordance with the attached
engineering plans and all criteria that is specified in Section 16-77 of the Code of
Ordinances. In addition, placing the digital billboard on the relocation property will permit
the base of the digital billboard to be located behind a 6-foot tall fence, thereby concealing
the base of the structure from the view of passing motorists.
7. In exchange for being allowed to reconstruct a new digital billboard on the adjacent
property, the applicant has agreed to completely remove the existing billboard and forfeit
Public Hearings 501 PAGE 2 OF 5- February 23,2015
the right to ever install another billboard on the property with the existing billboard. The
digital billboard cannot be constructed on the relocation property until such time the
original, non-conforming billboard has been removed from the original property. The
details of this relocation/reconstruction will be �overned by the terms and conditions
set forth in the Di�ital Billboard Conversion A�reement which is attached to this
A�enda Item.
8. In accordance with Section 16-77 of the City Code, the following minimum technical
display requirements will apply to the reconstructed, digital billboard at this time:
. Display messages shall be static only. Such static images shall hold the display face
for a minimum of eight(8) seconds before transitioning to another static image.
. Transitions from one static image to the next shall appear within three (3) seconds
and shall not have the appearance of flashing, flickering, blinking, pulsating
animation or videos or varying light intensity. Dissolving from one static image to
the next within the three (3) second transition period shall not constitute animation.
. The digital billboard shall come equipped with functioning automatic dimming
technology which automatically adjusts, at all times while the electronic message
center is operating, the sign's brightness in direct correlation with ambient light
conditions.
. The digital billboard shall not be brighter than is necessary for clear and adequate
visibility. The electronic billboard shall not exceed a brightness level of 6,000 NITs
(NITs are the standard measure of brightness for electronic signs and devices) during
daytime use or 500 NITs during nighttime use and to account for adverse weather
conditions that reduce the amount of sunlight.
. The digital billboard shall not display light of such intensity or brilliance as to cause
glare or otherwise impair the vision of a driver or result in a nuisance. The billboard
shall not be of such intensity or brilliance that it interferes with the effectiveness of
an official traffic sign, device or signal.
. The digital billboard shall have a default mechanism built in to either turn the
display off or show "full black" on the display in the event of a malfunction.
Malfunction is defined as any operation of the billboard that causes glare or impairs
the vision of motorists or otherwise distracts motorists so as to interfere with the
motorists' ability to safely operate their vehicles or otherwise constitutes a violation
of the City Code.
. The digital billboard shall not be configured to resemble a warning, danger signal,
official signage used to control traffic or to cause a driver to mistake the billboard
for a warning or danger signal.
Should the City Commission modify these requirements set forth in Section 16-77, the
applicant will be required to adhere to the new standards established by the City
Commission for all other digital billboards even though the aforementioned standards are
restated in the proposed Digital Billboard Conversion Agreement.
9. The specifications for the new digital billboard are set forth in the attached engineering
plans and color renderings. In general,
. The maximum height of the digital billboard cannot exceed 50-feet measured from
the crown of the adj acent U.S. 17-92 right-of-way.
. The digital billboard cannot exceed 378 square feet in area (36-feet by 10-feet, six-
inches).
Public Hearings 501 PAGE 3 OF 5- February 23,2015
. All visible portions of the digital billboard (excluding the display area) shall be
painted monochromatic black or any other monochromatic dark, neutral color as
approved by the City. No embellishments and cut outs may be utilized on the digital
billboard.
10. In addition, pursuant to the terms and conditions of the Digital Billboard Conversion
Agreement, the applicant has agreed to provide free public service advertisements on the
digital billboard at the City's request provided they are limited to public emergency
notices, amber/silver alerts, and up to six (6) City sponsored or co-sponsored community
events in a twelve month period. Not only will this commitment help with public
emergency notices, it could assist the City in promoting certain key community events.
FISCAL IMPACT:
There is no negative fiscal impact associated with this agenda item. However, the
approval of the Digital Billboard Conversion Agreement will have a financial benefit to
the City by affording free public advertisement opportunities on the proposed new digital
billboard.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City's Website, LaserFiche, and the City's
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner's Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been posted outside City Hall, posted inside City Hall with additional
copies available for the General Public, and posted at five (5) different locations around the
City. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Pursuant to Section 16-77 of the City Code, the Community Development Department,
Planning Division is requesting the City Commission consider approval of a Digital
Billboard Conversion Agreement, between the City of Winter Springs and Dittmer
Properties, Inc, and Walt Dittmer and Sons, Inc., which will allow the conversion of a
legally non-conforming billboard into a digital billboard with electronic message display
technology on real property located along U.S. 17-92 within the Redevelopment Area.
ATTACHMENTS:
A. Digital Billboard Conversion Agreement
B. Digital billboard engineering plan
C. Operating specifications
Public Hearings 501 PAGE 4 OF 5- February 23,2015
D. Digital billboard color renderings
E. City Code of Ordinances, Section 16-77
F. Ordinance 2014-13
G. Picture of Existing Billboard
Public Hearings 501 PAGE 5 OF 5- February 23,2015
Attachment "A"
THIS INSTRUMENT WAS
PREPARED BY AND SHOULD
BE RETURNED TO:
Anthony A.Garganese,City Attomey
BROWN,GARGANESE,WEISS 8t D'AGRESTA,P.A.
1 l I Nanb Orange Avenue,Suite 2000
Odando,Florida 32801
407 425 9566
CITY OF WINTER SPRINGS, FLORIDA
DIGITAL BILLBOARD CONVERSIUN AGREEMENT
THIS DIGITAL BILLBOARD CONVERSION AGREEMENT ("Agreement") is
made and entered into as of the day of January, 2015 ("Effective Date"), by and between
the CITY OF WINTER SPRINGS, a Florida municipal corporation, whose address is 1126
East State Road 434, Winter Springs, FL 32708 ("City"), and DITTMER PROPERTIES,
INC., a Florida corporation, whose address is 1006 Shepard Road, Winter Springs, FL 32708
("DPI") and WALT DITTMER AND SONS, INC., a Florida corporation whose address is
1006 Shepazd Road, Winter Springs, Florida 32708 ("WDSI").
WITNESSETH:
WHEREAS, this Agreement is entered into pursuant to the Winter Springs City Code
("City Code"), specifically Section 16-77; and
WHEREAS, DPI is the owner of a traditional billhoard (the "Traditional Billboard")
that is currently located on real property owned by DPI abutting U.S. Highway 17-92 within the
City and is more particularly described on the attached EXHIBIT "A" (the "DPI Property");
and
WHEREAS, the Traditional Billboard is currently considered a nonconforming,
grandfathered structure and use pursuant to the City Code; and
WHEREAS, Walt Dittmer and Sons, Inc., a Florida corporation ("WDSI"), whose
address is 100b Shepard Road, Winter Springs, FL 32708, owns real property which abuts U.S.
Highway 17-92 and Shepard Road within the Seminole County 17-92 Redevelopment Area,
which is more particularly described on EXHIBIT "B" attached hereto and incorporated herein
by this reference(the"WDSI Property"); and
WHEREAS, DPI desires to construct, operate and maintain a digital billhoard meeting
the specifications and requirements more fully set forth below (the "Digital Bill6oard") on the
WDSI Pmperty;
WHEREAS, WDSI shall grant to DPI an easement for the construction, operation and
maintenance of the Digital Billboard (the "Digital Billboard Easement") on and over a portion
of the WDSI Property (the "Digital Billboard Easement Area") in the form attached hereto as
EXHIBIT"C" (the"Digital Billboard Easement Agreement");
WHEREAS, the City and DPI desire to enter into this instrument governing the
Billboard Conversion (as defined below), all in accordance with this Agreement and City Cade;
and
WHEREAS, the parties agree that negotiations between them regarding the Billboard
Conversion are voluntary and optional on the part of all parties, and that the City's approval of
the Billboard Conversion was discretionary and based on negotiations; and
NOW THEREFORE, in consideration of the mutual covenants, duties, obligations and
undertakings herein by and between the parties, and other gaod and valuable consideration which
the parties acknowledge has been received,the parties agree as follows:
1.0 Incorporation of Recitals: The foregoing recitals are true and correct and by this
reference are fully incorporated into this Agreement as if set forth herein.
2.0 Conversion of Traditional Billboard — Generally. In accordance with section 16-77,
City Cade, the City hereby authorizes conversion of the Traditional Billboard to the
Digital Billboard specified herein by (i) demolishing the Traditional Billboard from the
DPI Property, and (ii) replacing such Traditional Billtsoard with the Digital Billboard on
the WDSI Property in the Digital Billboard Easement Area, all in accordance with this
Agreement and City Code (the "Billboard Canversion"). The Billboard Conversion
shall be subject to all applicable building, fire and land development codes and law;
however, to the extent such codes and law conflict with state ar federal law, the more
restrictive requirement(s) will be applied by the City.
3.0 Termination and Farfeiture of Nonconforming Status of Traditional Billboard. In
consideration of the City approving the Billboard Conversion authorized by this
Agreement, DPI agees to demolish the Traditional Billboard and remove it from the DPI
Property in accordance with the terms and conditions set forth in this Agreemen� In
addition, DPI also agrees that any rights that exist or may exist under the City Code or
other applicable law to construct, erect, operate, maintain, repair, or replace a billboard
on the DPI Property are forever forfeited and terminated. DPI acknowledges and agrees
that billboards shall be strictly prohibited on the DPI Property in the future, beginning at
such time as the Traditional Billboard is removed pursuant to this Agreement. This
Section shall constitute a covenant running with the DPI Property and shall survive
termination of this Agreement.
4.0 Requirements for Digital Billboard. The Digital Billboard shall be erected in the
Digital Billboard Easement Area on the WDSI Property in accordance with the following
re�uirements:
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4.1 The Digital Billboard shall be constructed in accordance with the plans and
specifications prepared and sealed by Clifford W. Leverenz, P.E., dated June 10,
2014 (��Plans"). The Plans are hereby fully incorporated herein by this reference
and a copy of which shall be maintained on file with the City's Community
Development Departrnent located at City Hall, 1126 E. State Road 434, Winter
Springs,Florida 32922.
4.2 The Digital Billboard shall not be constructed upon the WDSI Property until such
time as the City has issued a written completion notice verifying that DPI has
completely demolished and removed the Traditional Billboard from the DPI
Property.
4.3 The Digital Billboard shall be located in the Digital Billboard Easement Area as
shown on the Plans.
4.4 The maximum height of the Digital Billboard shall not exceed fifty (50) feet
measured from the crown of the adjacent U.S. Highway 17-92.
4.5 The display area of the Digital Billboard shall be double-sided and each side shall
not exceed three-hundred and seventy-eight (378} total square feet. More
specifically, the display area on each side of the Digital Billboard shall not exceed
ten feet, six inches(10'6") in hei�ht and thirty-six feet(36') in width.
4.6 All visible portions of the Digital Billboard (excluding the display area) shall be
painted monochromatic black or other monochromatic, dark, neutral color, as
approved by the City. No embellishments and cut outs may be utilized on the
Digital Billboard.
4.7 The Digital Billboard shall be subject to all applicable City Code requirements
including but not limited to the following technical display requirements which
are in effect as of the Effective Date of this Agreement:
4.7.1 Display messages shall be static only. Such static images shall hold the
display face for a minimum of eight (8) seconds before transitioning to
another static image.
4.7.2 Transitions from one static image to the next shall appear within three (3)
sec�nds and shall not have the appearance of flashing, flickering, blinking,
pulsating animation or videos or varying light intensity. Dissolving from
one static image to the next within the three (3} second transition period
shall not constitute animation for purposes of this Agreement.
4.7.3 The Digital Billboard shall come equipped with functioning automatic
dimming technology which automatically adjusts, at all times while the
electronic message center is operating, the sign's brightness in direct
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correlation with ambient light conditions to meet the standards contained
in section 4.7.4 below.
4.7.4 The Digital Billhoard shall not be brighter than is necessary for clear and
adequate visibility. The Digital Billboard shall not exceed a brightness
level of 6,000 NITs {NITs aze the standard measure of brightness for
electronic signs and devices) during daytime use or 500 NITs dwing
nighttime use and to account for adverse weather conditions that reduce
the amount of sunlight.
4.7.5 The Digital Billboard shall not display light of such intensity or brilliance
as to cause glare or otherwise impair the vision of a driver or result in a
nuisance. The Digital Billboard shall not be of such intensity or brilliance
that it interferes with the effectiveness of an official traffic sign, device or
signal.
4.7.6 The Digital Billboard shall have a default mechanism built in to either turn
the display off or show "full black" on the display in the event of a
malfunction. Malfunction is defined as any ogeration of the Digital
Billboazd that causes glare or impairs the vision of motarists or othervvise
distracts motorists so as to interfere with the motorists' ability to safely �
operate their vehicles or otherwise constitutes a violation of the City Cade.
4.7.7 The Digital Billboazd shall not be configured to resemble a warning,
danger signal,official signage used to control traffic or to cause a driver to
mistake the billboazd for a warning or danger signal unless such shall be
the result of a PSA (defined herein) broadcast pursuant to .Section 5
herein.
4.8 In the event the City adopts City Code billboard regulations that contain technical
display reyuirements more restrictive than the requirements set forth in this
Agreement that are generally applicable to all digital billboards in the City, the
more restrictive City Cade regulations shall automatically apply and be deemed
incorporated herein by this reference.
5.0 Public Service Announcements. In consideration of the City agreeing to the Billboard
Conversion, DPI agrees to provide free public service announcements ("PSAs") on the
Digital Billboard at the City's request under the following conditions:
5.1 The PSAs shall he limited to public emer�ency notices, amber/silver alerts, and
up to six (6) City-sponsored or co-sponsored community events in a twelve-
month period.
5.2 The City shall be responsible for providing the copy material for the
advertisement in a format customarily used by DPI for the Digital Billboard.
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5.3 Public emergency notices and amber/silver alerts will be displayed as
emergency/alert conditions warrant. Unless otherwise agreed to by DPI, the PSAs
for communiry events will be displayed on the day of the event and for a
maximum period of thirty days immediately preceding the event.
5.4 The advertisement shall be displayed in a manner consistent with the Digital
Billboard's basic presentativn format and at a minimum standard eight (8) second
spot to be displayed within the loop display time period established by DPI for the
Digital Billboard and its other advertisers.
5.5 DPI neither objects to nor opposes the benefits granted the City pursuant to this
Section.
6.0 Non-Compliance. Upon breach of any provision of this Agreement by either party, the
non-breaching party or parties shall have the right to declare the breaching party or
parties in default of this Agreement by providing written notice of default to the
breaching party or patties. Upon receipt of said notice, the breaching party or parties shall
have fourteen (14} days in which to cure the default unless a shorter time period is
required by this Agreement. If the breaching party or parties fail to cure the default within
said time period, the non-breaching party or parties shall have the right to take
appropriate legal action, in equity or law, to enforce the terms and conditions of this
Agreement. Notwithstanding the aforesaid, DPI also agrees that if the City provides
written notice to DPI that the Digital Billboard is being operated out of compliance with
the technical display requirements set forth in Section 4 of this Agreement (an"Operation
Compliance Notice"), DPI must within twenty-four {24) hours of notice from the City
(such may be telephonic or oral) bring the operation of the Digital Billboard into
compliance ugon receipt of said notice or may elect to turn off the Digital Billboazd until
DPI can effect necessary repairs or modifications to bring the operation of the Digital
Billboard into compliance. Failure to bring the Digital Billboard into compliance shall
constitute a material breach of this Ageement which will cause the City to suffer
damages which cannot reasonably be calculated by any method and that payment to the
City of five hundred dollars ($500.00) for each day the Digital Display is not in
compliance shall constitute liquidated damages sustained by the City. DPI agrees to pay
all reasonable collection expenses, attorney's fees, and court costs incurred by the City in
the event that litigation is instituted for enforcement of this Agreement and for the
collection of any amounts due and payable to the City hereunder. Under no circumstance
shall this Section be construed as limiting or preventing the City from initiating a cade
enforcement action against any party for violating a provision of any applicable City
Code. The foregoing notwithstanding, the act of DPI disabling the Digital Billboazd,
whether or not pursuant to an Operation Compliance Notice, shall not be construed as a
failure to bring the Digital Billboard into compliance for the purposes of imposing fines
or maintaining a claim for damages.
7.0 Recordation. This Agreement shall be recorded by the City in the Official Records of
Seminole County, Florida and shall he binding upon the DPI Property and the Digital
Billboard Easement Area as applicable.
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8.0 No Assignment This Agreement shall not be assigned or transferred unless prior written
consent is granted by the City Commission of Winter Springs; provided, however, that
nothing herein shall be construed to require the City's consent in the event of a transfer of
the DPI Property, the WDSI Property or the Digital Billboard Easement.
9.0 Further Assurances. From and after the execution of this Ageement, each of the parties
hereto shall fully cooperate with each other and perform any further act(s), execute and
deliver any further documents which may be necessary or desirable in order to cazry out
the purposes and intentions of the parties as contained in this Agreement.
10.0 Legal Representation. The parties acknowledge that the attorneys of Brown, Garganese,
Weiss and D'Agresta, P.A., have acted as counsel for the City in connection with this
Agreement and the transactions contemplated herein, and have not given legal advice to
any party hereto other than the City.
11.0 Severability. Each paragraph, section, provision, sentence, and part thereof of this
Agreement shall be severable from each other paragraph, section, provision, sentence, or
part thereof of this Agreement, and the invalidity or unenforceability of any such
paragraph, section, provision, sentence, or part thereof, shall not affect the validity or
enforceability of the balance of this Agreement.
12.0 Governing Law and Venue. This Agreement shall be governed by the law of the State
of Florida. Venue of all disputes shall be properly placed in Seminole County, Florida.
The parties agree that the Agreement was consummated in Seminole County. If any
dispute concerning this Agreement arises under Federal law, the venue will be 4rlando,
Florida. Any abjections to jurisdiction and venue are expressly waived. THE PARTIES
HEREBY EXPRESSLY WAIVE TRIAL BY JURY.
13.0 Attorney's Fees. In the event any litigation or controversy between the parties arises out
of or in connection with this Agreement, the parties agee to bear their own costs and
attomey's fees except as otherwise expressly provided herein.
14.0 Non Waiver. No delay or failure by either party to exercise any right under this
Agreement, and no partial or single exercise of that ri�ht, shall constitute a waiver of that
or any other rights,unless otherwise expressly provided herein.
15.4 Notices. Notices, requests, and other communications under this Agreement shall be in
writing and may be delivered gersonally or sent by registered or certified first class mail,
return receipt requested, or by FedEx, Airhorne Express, UPS or other nationally
recognized delivery service (an Operation Compliance Notice given pursuant to Section
6.0 above is effective at the time it is given if delivered orally}. Such notices, requests,
and other communications, if given by FedEx, Airborne Express, UPS or other
nationally-recognized delivery service shall be deemed to be given and delivered on the
date and at the time delivered as substantiated by the delivery service's business records.
If such notice is given by registered or certified mail, return receipt requested, such notice
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shall be considered given and delivered on the date noted by the United States Postal
Service on the return receipt as the delivery date. The physical address, for purposes of
giving notices under this Agreement is:
TO THE CITY: Mr. Kevin L. Smith, City Manager
City of Winter Springs
1126 East S.R.434
Winter Springs, FL 32748-2799
(407) 327-5957 (Phone)
(407) 327-6686 (Fax)
with a copy to: Anthony A. Garganese, City Attorney
Brown, Garganese, Weiss& D'Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, FL 32802-2873
(407)327-9566 {Phone)
(407)425-9596 (Fax)
TO DPI: Mr. Walt Dittmer Jr., President
Dittmer Properties, Inc.
IOQd Shepard Road
Winter Springs, FL 32708
(407} 699-1755 {Phone)
(407)695-4430{Fax)
with a copy to: Ms. Rhonda McHugh, Manager
Mac Media, LLC
1811 Oakbrook Drive
Longwood, FL 32779
(Phone)
(Fax)
16.0 Counterparts. This Agreement may be executed in counterparts, each of which shall
constitute an original, and all of which together shall c�nstitute one and the same
instrument.
17.0 Interpretation. All parties have participated in the drafting of all parts of this
Agreement. As a result, it is the intent of the parties that no portion of this Agreement
shall be interpreted more harshly against either of the parties as the drafter.
18.0 No Joint Venture. This Agreement shall not in any way be deemed to create a joint
venture or principal-agent relationship between any of the parties.
19.4 No City Representations and Warranties. All parties agree and acknowledge that the
City has made no representations and wamanties regarding its responsibilities that are not
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contained in this A�reement. Each party has assumed full responsibility for furnishing,
performing, and completing their respective obligations under this Agreement.
20.0 Entire Agreement. This Ageement represents the entire and integrated Agreement
between the parties and supersedes all prior negotiations, representations, or Agreements,
either oral or written, and all such matters shall be deemed merged into this Agreement.
21.0 Sovereign Immunity. Notwithstanding any other provision set forth in this Agreement,
nothing contained in this Agreement shall be construed as a waiver of the City's right to
sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed
on the City's potential liability under state or federal law. As such, the City shall not be
liable under this Agreement for punitive damages or interest for the periad before
judgment. Further, the City shall not be liable for any claim or judgment, or portion
thereof, to any one person for more than two hundred thousand dollars ($200,000.00), or
any claim or judgment, or portion theraof, which, when totaled with all other claims or
judgments paid by the State or its agencies and subdivisions arising out of the same
incident or occurrence, exceeds the sum of three hundred thousand dollars ($300,000.00).
This Section shall survive termination of this Agreement.
22.0 Non-Liability of City; Indemnity. The City shall not be liable for any failure or delay
by DPI in the performance of its respecrive undertakings under this Agreement. In this
regard, DPI agees to hold the City harmless from and against all claims, losses, damages,
personal injuries (including but not limited to death), or liability (including reasonable
attorney's fees}, which directly or indirectly arises out of, or results from the
construcrion, operation and maintenance of the Digital Billboard; provided, however, that
DPI shall have no obligation or duty to indemnify the City for any matter arising out of
any PSA or other message broadcast on the Digital Billboazd pursuant to Section 5.0
hereof. This Section shall survive termination of this Agreement.
23.0 Term. The term of this Agreement shall commence on the Effective Date and shall be
terminable under the following circumstances:
23.1 By mutual written agreement of the parties; or
23.2 This Agreement shall automatically terminate if DPI fails to complete the digital
billboard conversion within one (1) year from the Effective Date unless the parties
mutually agree in writing to an extension of time;or
23.3 DPI abandons or discontinues the operation of the Digital Billboard on the Digital
Billboard Easement Area for a period of time greater than three hundred sixty-five
consecutive calendar days. If such abandonment or discontinuance occurs, the Digital
Billboard shall be completely removed from the Digital Billboard Easement Area and this
Agreement shall upon said removal terminate.
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23.4 Upon termination of this Agreement, the parties will no longer have any ri�hts or
responsibilities under this Agreement except under provisions which expressly survive
termination of this Agreement.
24.0 Signatories. The undersigned persons executing this Agreement each hereby represent
and warrant that he or she has the full authority to sign said Agreement and to fully
bind their respective undersigned entity to the terms and conditions set forth in this
Agreement.
25.0 Binding Effect. The provisions of this Agreement shall be binding upon the heirs,
personal representatives, successors and assigns of the respective parties.
26.0 Madification. This Ageement shall only be modified by a written instrument executed
by the parties hereto or any successors, assigns, heirs, or representatives thereto.
27.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny
any development permit applications or requests subsequent to the effective date of this
Agreement. The failure of this Agreement to address any particular City, County, State
and/or Federal permit, condition, term or restriction shall not relieve the parties or the
City of the necessity of complying with the law governing said permitting requirement,
condition, term or restriction. Without imposing any limitation on the City's golice
powers, the City reserves the right to withhold, suspend, or terminate any and all
certificates of oc�upancy or completion for any structure or billboard if any party is in
breach of any term or condition of this Agreement.
28.0 Tune. In all matters herein, time is of the essence. If the last day for giving any notice or
gerforming any act under this Agreement falls on a Saturday, Sunday, or on a day on which
the Unite� States Post Office is not open, the time shall be extended to the next day that(i)
is not a Saturday, Sunday, or Post Office holiday, (ii) is not the day after Thanksgiving and
(iii) is not either December 24 or 26. Any party wishing to change the person designated to
receive notices or the address for notices may do so by complying with the provisions of this
paragraph. Any notice given before such a change is not invalidated by the change.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year written above.
Signed, sealed and delivered
in the presence of:
DITTMER PROPERTIES,INC.,
Print Name: a Florida corporation
By:
Print Name: Walt Dittmer, Jr.,President
9
STATE OF FL4RIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of January,
2015, by Walt Dittmer, Jr., as President of DITTMER PROPERTIES, INC., a Florida
corporation, on behalf of the corporation. Said person did not take an oath and (check one) O is
personally known to me, O produced a driver's license (issued by a state of the United States
within the last five(5) years) as identification, or O produced other identification, to wit:
NOTARY PUBLIC
Signed, sealed and delivered
in the presence of:
WALT DITTMER& SONS, INC.,
Print Name: a Florida corporation
By:
Print Name: Dana S. Callan, President
STATE OF FL�RIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of January,
2015, by Dana S. Callan, as President of WALT DIT"TMER & SONS, INC., a Florida
corporation, on behalf of the corporation. Said person did not take an oath and (check one) O is
personally known to me, O produced a driver's license (issued by a state of the United States
within the last five(5) years) as identification, or O produced other identification,to wit:
NOTARY PUBLIC
10
CITY OF WINTER SPRINGS, FLURIDA
By:
Charles Lacey, Mayor
Attest:
Andrea Lorenzo-Luaces,
City Clerk
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this day of January,
2015, by Charles Lacey as Mayor, and Andrea Lorenzo-Luaces, as City Clerk, of the City of
Winter Springs Florida on behalf of the city. Said person did not take an oath and (check one} D
is personally known to me, O produced a driver's license (issued by a state of the United States
within the last five (5) years) as identification, or O produced other identification, to wit:
NOTARY PUBLIC
11
EXHIBIT"A"
LEGAL DESCRIPTION OF THE DPI PROPERTY
That certain real property lyin� and being in Seminole County, Florida, more particularly
described as:
LEG PT LOT 18 DESC AS BEG 49b.02 FT S 86 DEG 02 MIN 40
SEC W OF NE COR LOT 18 RUN 526 DEG 2 MIN 26 SEC W
196.90 FT N 63 DEG 57 MIN 34 SEC W 223.01 FT N 25 DEG 19
MIN 9 SEC E 67.68 FT N 86 DEG 2 MIN 40 SEC E 258.48 FT
TD BEG BLK B OAK GR�VE PARK PB 7 PG 83 (.68 AC)
l2
EXHIBIT"B"
LEGAL DESCRIPTION OF THE WDSI PROPERTY
That certain real property lying and being in Seminole County, Florida, more particularly
descrihed as:
LEG LOTS 17 & 18 (LESS BEG 81.16 FT N 86 DEG 30 MIN 00
SEC E OF SW COR LOT 18 RUN NELY ON CURVE 135.08 FT
N86DEG30MINOOSECE 140.44FTS 115FTS86DEG30
MIN 00 SEC W 205.04 FT T� BEG) SPRING HAMMOCK
REPLAT PB 7 PG 9b
13
EXHIBIT"C"
FORM OF THE
DIGITAL BILLBDARI3 EASEMENT AGREEMENT
i
14
THIS INSTRUMENT PREPARED BY
AND SHOULD BE RETURNED TO:
Harold L.Downing,Esquire,of
DOWNING LAW OFFICES,P.A.
SOl South New York Avenue,
Suite 22U
Winter Park,Florida 32789
EASEMENTAGREEMENT
TIiIS EASEMENT AGREEMENT (the "Agreement") is made and entered into as of
this day of January, 2015, by and between WALT DITTMER AND SONS, INC., a Florida
corporation ("Grantor"), whose address is 1006 Shepard Road, Winter Springs, Florida 32708,
and DITTMER PROPERTIES, INC., a Florida corporation ("Grantee"), whose address is 1006
Shepard Road, Winter Springs, Florida 32708.
RECITALS:
A. Grantor is the current fee simple owner of that certain parcel of land more
particularly described in Exhibit "A" attached hereto and incorporated herein by reference (the
"WDSI Property").
B. Grantee desires to construct, operate, maintain and repair a digital billboard
whose specifications aze or will be on file with the City of Winter Springs, Florida (the "City'),
the construction and operation of which is or will be the subject of a Digital Billboard
Conversion Agreement between Grantee and the City.
NOW, THEREFORE, for and in consideration of the terms, covenants and condidons
hereinabove and hereinafter set forth and for the sum of TEN DOLLARS ($10.00) in hand paid
to the other party by each of the parties hereto, and other gaod and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties hereby agee as follows:
1. Recitals. All of the foregoing recitals contained in this Easement are true and
correct and are incorporated herein in full. This Easement is intended to bind all parties, their
successors and assigns, now and hereafter.
2. Grant of Easement.
a. Digital Billboard Easement. Grantor hereby grants to Grantee, its
successors and assigns, an easement for the purposes of constructing, operating, maintaining and
repairing a digital billboard which will contain below-ground anchors and an above-ground
monopole supporting two (2) digital electronically-lit message faces controlled remotely by
computer interface (the "Digital Billboard EasemenY'}. Such easement shall include the area
above and below the ground and air rights above that real property more particularly described
on Exhibit"B"hereto (the"Digital Billboard Easement Area"). The Digital Billboard Easement
Area shall be used exclusively by the Grantee, provided, however that Grantor hereby reserves
the use of those portions thereof not accupied by the monopole or any other support structure for
the parking of vehicles of the Grantor and its employees. The foregoing natwithstanding,
Grantor shall always keep open areas of sufficient size and location for vehicles of Grantee and
its contractors and service providers.
b. Di�ital Billboard Access Easement. Additionally, Grantor hereby grants
to Grantee an easement for the purpose of providing vehicular and pedestrian access(the"Digital
Billboard Access EasemenY')to the Digital Billboard Easement Area over and across that certain
real progerty also owned by Grantee (and also being a portion of the WDSI Property) more
particularly described on the attached Exhibit "C" (the "Digital Billboard Access Easement
Area"). The Digital Billboard Access Easement Area shall be used jointly by Grantor and
Grantee and shall not he blocked at any time by either of the parties.
3. [intentionally omitted]
4. Maintenance Duties.
a. Di�ital Billboard Access Easement Area. Grantor shall be responsible
to progerly maintain and repair the driveway on the Digital Billboard Access Easement Area and
to ensure that it is in good condition and repair.
b. Digital Billboard Easement Area. Grantee shall be responsible to
progerly maintain, operate and repair the Digital Billboard and to maintain and repair any paved
areas on the Digital Billboard Easement Area and to ensure that they are in good condition.
c. Failure to Maintain. If the Grantor or Grantee reasonably determines, at
any time, that the other is failin� to prosecute its duties of maintenance and repair contained
herein, such party (the "Notifying Party") shall notify the other (the "Notified Party") of the
same in writing, including reasonable proof. In such event, the Notified Party shall have ten (10)
days within which to remedy any such failure after which the Notifying Party shall be entitled to
perform the work and repair and shall have a claim against the other for the costs of such work
and repair.
d. Failure to Keeu Access Clear. If the Grantee reasonably determines, at
any time,that the Grantor is failing to keep any portion of the Digital Billboard Access Easement
Area or the Digital Billboard Easement Area clear for vehicular and pedestrian access, the
Grantee may, without notice, have any obstacles or imgediments, including vehicles, removed
from such easement areas and the cost thereof shall be borne by the Grantor. If the Grantor
reasonably determines, at any time, that the Grantee is failing to keep any portion of the Digital
Billboard Access Easement Area clear for vehicular and pedestrian access, the Grantor may,
without notice, have any obstacles or impediments, including vehicles, removed from such
Page-2-
easement areas and the cost thereof shall be borne by the Grantee.
S. Covenants Running with the Land. All rights, privileges, benefits and burdens
created herein are covenants and ageements running with the land of the Grantor as
appurtenances thereto and shall be binding upon and inure to the benefit of the Grantor and
Grantee and their respective successors hereunder. Nothing contained herein shall create any
rights in the general public or any person or entity other than the parties hereto and their
respective successors.
6. Attornevs' Fees. In the event that any party institutes litigation to enforce the
terms of this Agreement, or in the event a party finds it necessary to institute litigation for the
purpose of enforcing its rights under this Agreement, the prevailing party in such litigation shall
be entitled to recover from the non-prevailing party or parties, in addition to any damages
otherwise due, the reasonable attorneys' and experts' fees and costs incurred by such prevailing
party in connection with such litigation whether incurred before or at trial, or at any rehearing or
appellate levels, including bankruptcy proceedin�s and the right to such reasonable attorneys'
fees and costs shall be deemed to have accrued from the commencement of such action and shall
be enforceable whether or not such action is prosecuted to judgment.
7. Warranties of Title. The Grantor hereby warrants and covenants (a) that it is
the owner of the fee simple title to the WDSI Property; (b} that the WDSI Property is free and
clear of all liens, mortgages, and encumbrances, except ;
(c)that Grantor has the full right and lawful authority to grant and convey the easements
contained herein; (d) that the Grantee shall have quiet and peaceful possession, use, and
enjoyment of the easements hereby ganted; and (e)that the Grantor shall obtain any joinder and
consent to this Agreement necessary to provide that the Grantee shall enjoy rights that are not
subject to any claim or interest of record other than the Grantor's fee simple title.
8. Indemnification. The Grantee agrees to indemnify and save the Grantor
harmless against any and all claims, or demands of all persons whomsoever for damages, and the
cost and expenses, including reasonable attorneys fees for the defense thereof, arising from the
use and enjoyment of this easement granted herein by the Grantee, its licensees, invitees, or any
other persons permitted by the Grantee to enter upon the Digital Billboard Easement Area and
the Digital Billboazd Access Easement Area using this Agreement, or from any act of negligence
of the Grantee or any agent, contractor, servant, or employee of the Grantee in the Digital
Billboard Easement Area or the Digital Billboard Access Easement Area (in the aggregate, the
"Easement Areas") and from any liability from any person on account of any damage to person
or property arising out of any use, misuse, abuse, ne�lect, or failure to exercise due care in, or
about the Easement Areas, except for any and all liability arising out of the Grantor's own
negligence.
9. Dama�e. The provisions contained herein to the contrary notwithstanding, any
parry causing damage to any of the Easement Areas, which damage extends beyond normal wear
and tear for the uses contemplated by this Agreement, shall bear the full responsibility and cost
of repair or replacement, and such repair or replacement shall be performed as soon as
practicable after damage occurs.
10. Governin� Law. All questions concerning the meaning, execution, construction,
Page-3-
effect and validity of this Agreement shall be judged and resolved in accordance with the laws of
the State of Florida. Venue for any action involving this Easement shall lie only in Seminole
County,Florida.
11. Modification. No changes, alterations, modifications, additions or qualifications
to the terms of this Agreement shall be binding upon any present or future parties,unless made in
writing and signed by the parties to be bound thereby and any modification shall take ef�ect only
upon recordation of same in the Public Records of Seminole County, Florida.
IN WITNESS WHEREOF,this Agreement has been executed to be effective as of the
day and year first above written.
Signed, Sealed and Delivered
in the Presence of
WALT DITTMER AND SONS, INC.,
Print Name: a Florida corporation
By:
Print Name: Dana S. Callan, President
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing instrument was acknowledged before me this day of January,
2015,by Dana S. Callan, as President of Walt Dittmer and Sons, Inc., a Florida corporation,on
behalf of the corporation. Said person did not take an oath and (check one)O is personally
known to me, O produced a driver's license{issued by a state of the United States within the last
five(S) years) as identification, or D produced other identification,to wit:
NOTARY PUBLIC
Page-4-
Signed, Sealed and Delivered
in the Presence of
DITTMER PR�PERTIES, INC.,
Print Name: a Florida corporation
By:
Print Name: Walter Dittmer,Jr., President
STATE OF FLORIDA
COUNTY OF SEMINOLE
The foregoing inshvment was acknowledged before me this day of January,
2U15,by Walter Dittmer, Jr., as President of Dittmer Properties, Inc., a Florida corporation, on
behalf of the corporation. Said person did not take an oath and(check one)O is personally
known to me,O produced a driver's license(issued by a state of the United States within the last
five(5) years) as identification, or O produced other identification,to wit:
NOTARY PUBLIC
Page-5-
EXHIBIT"A"
LEGAL DESCRIPTI�N OF THE WDSI PROPERTY
That certain real property lying and being in Seminole County, Florida,more particularly
described as follows:
Page-b-
EXHIBIT"B"
LEGAL DESCRIPTION�F THE
DIGITAL BILLBOARD EASEMENT AREA
That certain real property lying and being in Seminole County,Florida,more par�icularly
described as follows:
Page-7-
EXHIBIT"C"
LEGAL DESCRIPTION �F THE
DIGITAL BILLB�ARD ACCESS EASEMENT AREA
That certain real praperty lying and being in Seminole County, Florida,more particularly
described as follows:
Page-g-
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Attachment "C"
F�R M ETC�
��"`°<�4d1�e+rh
�►Y
August 26,2014
Formetco Digital Operation Guidelines for City of Winter Springs FL for Mac Media Location at the
intersection of US 17-92 and Shepard Road.
The Formetco Digital Billboard System offers features which enable Billboard Operators to comply with
the City of Winter Springs ordinance requirements. Below are the methodologies in which the Formetco
software is able to provide billboard operators the ability to adapt to the specific requirements within
their zoning market and operate within the specific guidelines that are established within each
municipality.
Global Display Settings per face - Upon initial set up into the Formetco Content Management System,
each display has a dwell time feature that is set according to the Billboard Operators requirements and
local hold time regulations.This dwell time dictates the duration that each scheduled message is
consistently displayed.This is a global administrative setting and is only editable by the Billboard
Operators Administrative level users, who are categorized as the highest level users.
Profile ID Communications �isplay Service
- ' �
4�
�'=' - ,wi�:�� '�
Valid art work file extension types for upload to the scheduling platform include:
JPEG, PNG, BMP.TIFF and RTD
These files types prevent the sign from displaying any content that may flash,twinkle, blink or show any
animation. Transitions between messages are instant and seamless and occur over the entire face of
the sign.
Page 1 of 4
Brightness—Illumination of the sign is closely monitored. Each sign is preset at the factory for daytime
and nigh time operating levels based on local ordinances at the installation location. A Konica-Minolta
CS-100A(a precision light meter) is used to set the levels.
r
.�
. �
• .i._.
CS-100A in use at factory
S`' ' �
�
�
N/T Readings Sign under testing, using FULL White
Signs are tested at FULL White.A factory set configuration table limits the upper and lower end
brlghtness. (Source—Player PC Server.cfg file excerpt)
<dimmer max>255</dimmer max>
<dimmer min>9</dimmer min>
<dimmer reported max>255</dimmer reported max>
<dimmer reported min>0</dimmer reported min>
Page 2 of 4
Each sign face has an onboard photocell that provides 255 brightness steps based on ambient light
conditions at the face.Two independent safe guards are in place to monitor the proper brightness level
of the sign.
Post installation, a technician will verify the ambient light conditions applicable to the local ordinances.
An Extech light meter is used to verify the night time ambient conditions.Typical factory settings
provide for less than a 0.3 foot candle measurement at distances appropriate for the signs square
footage. Brightness level will not exceed an illumination of 6000 NITs during daytime operation and 500
NITs during nighttime operation.
In addition to the above mentioned software/firmware precautions that monitor the brightness settings,
onboard diagnostics alert operators to system problems via email notification. A redundant player PC
provides for continued proper operation of the sign in the event that a failure is detected with the
primary player PC.The system will also be equipped with a remote controllable power control relay that
enables operators to remotely shut all power down to the face.
Britt McConnell
Digital Sales Manager
678-315-9054 brittm@formetco.com
Page 3 of 4
Page 4 of 4
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Attachment "E"
Sec. 16-77. -Outdoor display/billboards—Off-premises signs prohibited.
(a) Other than as provided within this section, off-premises signs, as defined in section 16-51 of the City
Code, are strictly prohibited within the City of Winter Springs.
(b) Notwithstanding anything in the City of Winter Springs Code of Ordinances to the contrary, from and
after the effective date of Ord. No. 2001-50 [Oct. 22, 2001], the total number of outdoor off-premises
signs located in the incorporated areas of the city shall be limited as hereafter specified.
(c) The initial limitation on outdoor off-premises signs are the five (5) outdoor off-premises sign
structures (hereinafter referred to as "Existing Structure(s)") currently existing in the incorporated
areas of the city (the "Existing Structures"). An inventory of these existing structures dated October
22, 2001, as amended in June 2013, is filed in the community development department and is
incorporated herein by this reference.
(d) The limit stated in subsection (c) above may only be increased by the number of lawfully existing off-
premises sign structures within unincorporated areas of Seminole County which are annexed by the
City of Winter Springs. Contemporaneously with annexation the city shall conduct a survey of all
existing off-premises sign structures within the annexed portions of unincorporated Seminole County.
The inventory of existing structures, on file with the community development department, shall be
amended by resolution of the city commission to include the addition of legally existing off-premises
sign structures.
(e) The limit stated in subsection (c) above, as may be amended by subsection (d), shall be
correspondingly reduced upon the occurrence of any of the following:
(1) An existing structure is removed incident to a road widening or other public works project; and
(2) An existing structure is removed incident to the development or redevelopment of the property
upon which the existing structure is located; or
(3) An existing structure is removed incident to the expiration of the lease or other agreement
authorizing placement of the existing structure on the property.
(4) An existing structure which is non-conforming due to zoning is removed due to destruction,
damage or other casualty which results in destruction of fifty(50) percent or more of the support
structure for or of fifty(50) percent or more of the face of the sign.
(5) An existing structure is removed or dismantled by fifty (50) percent or more of the support
structure or fifty(50) percent or more of the face of the sign.
(6) By the terms and conditions of a development agreement with the city, except that any
development agreement after the effective date of this section shall not allow the removal of an
existing structure later than the time that would otherwise be provided by this section. Any
existing structure subject to a development agreement with the city prior to the effective date to
this section shall be exempt from the provisions of this subsection (e) and shall be removed in
accordance with the terms of the development agreement.
(fl At any point in time the then current limit on the number of outdoor off-premises signs located in the
incorporated areas of the city shall be the initial limit specified in subsection (c) and as amended by
subsection (d) above less the total number of existing structures which have been removed as
specified in subsection (e) above.
(g) In addition to the limitation specified above, there is hereby imposed a limitation upon the number,
size and orientation of the sign faces located upon the existing structures. From and after the
effective date of Ord. No. 2001-50 [Oct. 22, 2001], the number of sign faces on an existing structure
may not be increased, either by adding an additional face oriented in a different direction or by
changing the display mechanism to permit the display of multiple signs on a single sign face. From
and after the effective date of this Ord. No. 2001-50, no sign face on an existing structure may be
increased in size and the orientation of each sign face located upon an existing structure may not be
changed.
Page 1
(h) Except for an existing structure which is non-conforming (which cannot be replaced), an existing
structure damaged or destroyed by flood, fire, earthquake, war, riot, act of God or other similar
casualty loss may be reconstructed in the same location with the same (or smaller or fewer, as the
case may be) size and number of sign faces. An existing structure may not be relocated to another
location.
(i) Except as specifically authorized by permit issued by the State of Florida Department of
Transportation or as required by specific state statute, no trees or vegetation shall be removed or
trimmed from the property upon which an outdoor off-premises sign is located or from property
adjacent thereto in order to enhance the visibility of the outdoor off-premises sign.
Q) In connection with any off-premise signs which are erected or constructed in violation of the
provisions of this section, each day that said sign remains erected in violation of this section shall
constitute a separate violation and each person responsible for erecting or constructing such off-
premises sign, including but not limited to the real property owner, shall pay the city a penalty of five
hundred dollars ($500.00) per day until the off-premises sign is removed.
(k) This subsection is intended to provide requirements for a person to propose converting an existing
structure identified on the aforementioned inventory list, and which is located on real property
abutting U.S. 17-92 and within the Seminole County 17-92 Redevelopment Area, to an off-premises
digital billboard sign under negotiated terms and conditions approved by the city commission. The
purpose of this subsection is to adopt standards and restrictions for any such conversion that are
pursuant to the interest of the citizens of the city and Seminole County and the redevelopment area
related to visual aesthetics and the safety of vehicular traffic. No conversion shall be allowed in the
city except as provided in this subsection.
(1) An owner of an existing structure subject to this subsection shall first be required to submit, in
writing, a conversion request to the city for an informal and preliminary review to determine
whether the city, at its discretion, desires to engage in more formal negotiations regarding the
request.
(2) If the city desires to engage in formal negotiations, the owner shall be required, as a
precondition to negotiations, to execute an affidavit on a form prepared by the city attorney. The
affidavit shall provide at a minimum that the owner is acknowledging and agreeing that the
future negotiations with the city are optional and at the sole discretion of the city. Further, the
owner agrees that the city is under no obligation whatsoever to approve or deny the request and
that the owner shall release and hold harmless the city regarding any decision made by the city
on the request. Should the city commission decide to approve an owner's conversion proposal,
the conversion shall be subject to terms and conditions of a binding written agreement and the
following minimum standards and requirements:
(i) If the owner of the existing structure is not the owner of the property on which the existing
structure is located, the owner of the property shall be required to approve and execute the
agreement. Said agreement shall be recorded in the Official Records of Seminole County
and shall be binding on the owner of the sign and the real property;
(ii) The conversion shall be subject to all applicable building, fire and land development codes
and law; however, to the extent this section conflicts with state or federal law, the more
restrictive will be applied by the city;
(iii) The following minimum technical display requirements shall apply unless the city
commission requires more restrictive requirements by written agreement:
1. Display messages shall be static only. Such static images shall hold the display face
for a minimum of eight (8) seconds before transitioning to another static image.
2. Transitions from one static image to the next shall appear within three (3) seconds
and shall not have the appearance of flashing, flickering, blinking, pulsating animation
or videos or varying light intensity. Dissolving from one static image to the next within
the three (3) second transition period shall not constitute animation for purposes of
this article.
Page 2
3. The billboard shall come equipped with functioning automatic dimming technology
which automatically adjusts, at all times while the electronic message center is
operating, the sign's brightness in direct correlation with ambient light conditions.
4. No billboard shall be brighter than is necessary for clear and adequate visibility. No
electronic billboard shall exceed a brightness level of 6,000 NITs (NITs are the
standard measure of brightness for electronic signs and devices) during daytime use
or 500 NITs during nighttime use and to account for adverse weather conditions that
reduce the amount of sunlight.
5. No billboard shall display light of such intensity or brilliance as to cause glare or
otherwise impair the vision of a driver or result in a nuisance. No billboard shall be of
such intensity or brilliance that it interferes with the effectiveness of an official traffic
sign, device or signal.
6. The billboard shall have a default mechanism built in to either turn the display off or
show "full black" on the display in the event of a malfunction. Malfunction is defined as
any operation of the billboard that causes glare or impairs the vision of motorists or
otherwise distracts motorists so as to interfere with the motorists' ability to safely
operate their vehicles or otherwise constitutes a violation of the City Code.
7. The billboard shall not be configured to resemble a warning, danger signal, official
signage used to control traffic or to cause a driver to mistake the billboard for a
warning or danger signal.
8. Any billboard operating out of compliance with any standard of this section must
immediately terminate displaying an image until compliance is achieved.
(iv) The maximum height of the billboard shall be fifty (50) feet measured from the crown of the
adjacent U.S. 17-92 and shall be compatible with the surrounding area;
(v) The maximum size of the billboard face, as viewed from one direction, shall be six hundred
seventy-two (672) square feet (fourteen (14) feet by forty-eight (48) feet). All visible
portions of the back side of any billboard shall be painted monochromatic black or other
monochromatic, dark, neutral color, as approved by the city. No embellishments and cut
outs may be utilized on the billboard;
(vi) Notwithstanding the current location of the existing structure being removed pursuant to
this subsection, the city may require the digital billboard to be located elsewhere on the
subject property in order to provide adequate buffer distances from the digital billboard and
U.S. 17-92 and other public right-of-way, as well as from other sensitive areas adjacent to
the subject property;
(vii) The billboard may offer to provide copy space for public announcements like amber and
silver alerts, public emergency notices, and community events;
(viii) Upon approval by the city, the billboard shall constitute an existing structure and shall
remain on the inventory list pursuant to this section.
(ix) Section 16-77 encourages the removal of existing structures on the inventory list required
by this section. Further, the city currently participates in the Seminole County 17-92
Community Redevelopment Agency for purposes of revitalizing and redeveloping the U.S.
17-92 corridor. In furtherance of these legitimate public purposes, the city may, in its
discretion and as a condition of negotiating an agreement under this subsection, require a
sign owner, in exchange for the right to construct a digital billboard, to agree to remove
another existing, legally non-conforming billboard located elsewhere in the city or within
any portion of the Seminole County 17-92 Redevelopment Area within or outside the city's
jurisdictional boundaries.
(Code 1974, § 5-113(b); Ord. No. 2001-50, § 2, 10-22-01; Ord. No. 2006-18, § 2, 10-23-06; Ord. No.
2013-11, § 2, 3-10-14)
Page 3
Attachment "F"
ORDINANCE NO.2014-13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA, REGARDING
THE REGULATION OF EXISTING OUTDOOR OFF-PREMISE
ADVERTISING DISPLAYSBILLBOARDS LOCATED WITHIN THE
CITY OF WINTER SPRINGS ON U.S. 17-92; AMENDING THE CODE
RELATED TO CHANGEABLE COPY SIGNS AND ELECTRONIC
MESSAGE CENTERS; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS,
SEVERABILITY, INCORPORATION INTO THE CODE; AND AN
EFFECTIVE DATE.
WAEREAS,the City is granted the authority, under§2(b), Art.VIII of the State Constitution, to
exercise any power for municipal purposes, except when expressly prohibited by law; and
WHEREAS, the City has previously adopted regulations regulating outdoor off-premises
advertising displays/billboards and changeable copy signs and electronic message centers within the
municipal limits of the City; and
WHEREAS, based upon previous legislative findings and upon recommendation of the City's
Community Development Department,the City Commission desires to modify several technical provisions
of the City's existing billboard sign regulations;
WHEREAS, the City's Land Planning Agency conducted a public hearing regarding the Code
amendments recommended by the Community Development Department set forth in this Ordinance on
June 4,2014, and recommended that the City Commission adopt the amendments; and
WHEREAS, the City Commission of the City of Winter Springs, Flarida, hereby finds this
ardinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE,THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference
as legislative findings of the City Commission of Winter Springs.
Section 2. Chapter 16 Sign Code Amendment. The City of Winter Springs Code of
Ordinances, Chapter 16, Article III, Signs, is hereby amended as follows (underlined type indicates
additions and st�ee� type indicates deletions, while asterisks (* * *) indicate a deletion from the
Ordinance of text existing in Chapter 16,Article IIL It is intended that the text in Chapter 16,Article III,
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this ordinance).
City of Winter Springs
Ordinance No. 2014-13
1
Sec. 16-77.- Outdoor display/billboards—Off-premises signs prohibited.
* * *
(k) This subsection is intended to provide requirements for a person to propose converting an
existing structure identified on the aforementioned inventory list, and which is located on real property
abutting U.S. 17-92 and within the Seminole County 17-92 Redevelopment Area,to an off-premises digital
billboard sign under negotiated terms and conditions approved by the City Commission. The purpose of
this subsection is to adopt standards and restrictions for any such conversion that are pursuant to the interest
of the citizens of the City and Seminole County and the Redevelopment Area related to visual aesthetics
and the safety of vehicular traffic. No conversion shall be allowed in the City except as provided in this
subsection.
***
(2) If the City desires to engage in formal negotiations, the owner shall be required, as a
precondition to negotiations,to execute an affidavit on a form prepared by the City Attorney. The affidavit
shall provide at a minimum that the owner is acknowledging and agreeing that the future negotiations with
the City are optional and at the sole discretion of the City.Further,the owner agrees that the City is under no
obligation whatsoever to approve or deny the request and that the owner shall release and hold harmless the
City regarding any decision made by the City on the request. Should the City Commission decide to
approve an owner's conversion proposal, the conversion shall be subject to terms and conditions of a
binding written agreement and the following minimum standards and requirements:
***
(vi) Notwithstanding the current location of the existing structure being removed pursuant to
this subsection,the City may require the digital billboard to be located elsewhere on the subject property in
order to provide adequate buffer distances from the digital billboard and U.S. 17-92 and other public
right-of-way, as well as from other sensitive areas adjacent to the subject property, ar require the billboard
to be located on other properly abuttin�U.S. 17-92 which is owned bv the owner of the structure or subject
property if the relocation of the structure more fullv satisfies the purpose of subsection(k)in comparison to
the property on which the structure currentiv exists;
***
Sec. 16-81-Changeable copy signs; electronic message centers.
All changeable copy signs and electronic message centers shall be as follows:
***
(b) Changeable copy signs and electronic message centers may be incorporated into permitted
signs and shall be included as part of the permitted sign area as described below:
City of Winter Springs
Ordinance No. 2014-13
2
(1) With the exception of billboards which are regulated by other provisions of the City Code,
changeable copy signs shall not comprise more than twenty-five(25)percent of the permitted sign area and
electronic message centers shall not comprise more than fifty(50)percent of the permitted sign area.
(2) Electronic message centers shall display °+�+:� : ° �'" c„�'� �*�*;� : ° �'��„ '��,-'
. messages
using the followin� transitional methods only: static, fade, dissolve, scroll and fly-in. Static messa�
shall hold the display face for a minimum of two (2) seconds before transitionin�to another static image.
Messages that fade dissolve scroll and flv-in shall transition to and from the displav area at a rate of speed
no faster than the medium speed pro�ram settingt
(3) Messa�es or ima eg s displaved shall not have the appearance of flashing flickering,
blinkin�pulsating, or motion videos. ''':�.���:�:� ��:� �ri, �*�*�� � ° *� *�° �°�* ���" � ��*���
� , �
��:�„�� ., .,�:,... �..,. „��,�:., .,..�:,.io
.,.,...,�.�..�., u.���.���.�...�.-���--�ra�.�--�-��..,,.
***
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph, number or letter, and any heading may be changed or
modified as necessary to effectuate the faregoing. Grammatical, typographical, and like errors may be
corrected and additions, alterations, and omissions, not affecting the construction or meaning of this
Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word ar
provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate,distinct and independent provision,and such holding shall not affect the validity of the remaining
portions of this ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida,and pursuant to the City Charter.
City of Winter Springs
Ordinance No. 2014-13
3
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting
assembled on the "��day of w� , 2014.
I
C ES AC , ayor
ATT +ST
'..
ORENZO-LUACES
City Clerk
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR THE CITY OF WINTER SPRINGS ONLY.
ANTHONY A. GARGANESE
City Attorney
First Reading: June 23, 2014
Legal Ad Published: June 12, 2014
Second Reading: July 28, 2014
Effective Date: July 28, 2014
City of Winter Springs
Ordinance No. 2014-13
4
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