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File #: R-2018-209    Version: 1 Name: Rocket Outdoor
Type: Resolution Status: Passed
File created: 6/25/2018 In control: Office of the City Attorney
On agenda: 7/3/2018 Final action: 7/3/2018
Title: A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Rocket Outdoor Advertising, LLC. For The Construction Of A Two-Sided LED Billboard.
Attachments: 1. RESOSETTLEMENROCKETOUTDOORrev.pdf, 2. Rocket Outdoor Settlement AgreementFinal2018.pdf

Title

A Resolution Of The City Commission Of The City Of Hollywood, Florida, Approving And Authorizing The Appropriate City Officials To Implement A Settlement With Rocket Outdoor Advertising, LLC. For The Construction Of A Two-Sided LED Billboard.

 

Body

 

Staff Recommends: Approval of the attached Resolution.

 

 

Explanation:

In November 2016, Rocket Outdoor Advertising, LLC. submitted nine sign permit applications to the City seeking permission to operate billboards along various surface streets, which the City denied.

 

On January 12, 2017, Rocket Outdoor Advertising, LLC. (“Rocket”), filed a civil action in Federal Court against the City of Hollywood alleging portions of the City’s Sign Regulations were invalid and violative of the First and Fourteenth Amendments of the U.S. Constitution, and requested that the City’s entire sign regulatory scheme be declared invalid.

 

In their civil action, Rocket sought the issuance of a mandatory injunction to compel the City to permit the construction of all nine of the applied for dual sided LED billboard signs, as well as damages equal to the revenues which would have been generated had the nine sign permits been issued by the City.

 

The City’s Board of Appeals and Adjustment, pursuant to Resolution No. V-95-08, approved a regulatory variance with conditions to allow the existing off-premise sign located adjacent to the west side of I-95 at 2601 North 29th Avenue, that currently advertises the “Holiday Inn”, to North 29th Avenue, LLC. North 29th Avenue, LLC. possesses the requisite City and Florida of Department permits to operate the sign and had submitted an application to remove the existing sign and replace the sign with a new LED billboard sign. Rocket and North 29th Avenue, LLC. have entered into a joint venture agreement related to North 29th Avenue, LLC.’s sign. The City Attorney, the City’s outside counsel, and the Plaintiff’s attorney have negotiated the attached settlement agreement to allow Rocket and North 29th Avenue, LLC. to replace the existing sign with a two-side LED Billboard at the property under the parameters set forth in the settlement agreement. Pursuant to the settlement agreement, Rocket will withdraw with prejudice the permit applications for the nine signs at issue in the litigation and waives all claims for damages and attorneys’ fees.

 

North 29th Advertising, LLC. agrees to withdraw with prejudice all application or requests to alter the sign that are pending as of the date of the settlement agreement. Rocket and North 29th Advertising, LLC. agree that they will never submit permit applications to the City seeking billboards with the City.

 

Upon the execution of the settlement agreement, Rocket will execute a release in favor of the City for any and all claims arising from or relate to the litigation or the denial of the permit applications that formed the basis of the litigation.

 

The City Attorney recommends that the City Commission approve the negotiated settlement.

 

 

Recommended for inclusion on the agenda by:

Douglas R. Gonzales, City Attorney