MODIFICATION TO SETTLEMENT STIPULATION BETWEEN CITY OF CLEARWATER AND ELLER MEDIA COMPANY
IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY. FLORIDA
PATRICK MEDIA GROUP. INC.,
a Delaware corporation
PlaintirC
v.
Civil Case No. 93-174-CI (21)
CITY OF CLEARWATER. a Florida
municipal corporation.
Defendant.
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 2007201540 06/1412007 at 10:47 AM
OFF REC BK: 15841 PG: 565-568
DocType:COURT RECORDING: $35.50
MODIFICATION TO SETTLEMENT STIPULATION
BETWEEN crry OF CLEARWATER AND ELLER MEDIA COMPANY
TillS MODIFICATION TO SETTLEMENT STIPULATION betwcen City of
Ckanvater and [:lIer Mcdia Company ("Ellcr") is entered into this _L'-tl..cIay Of~ ,2007
by and betwecn the City of Clearwater. Florida (herein "City") and Clear Channel Outdoor Inc.,
doing business in Florida as CC Outdoor Inc.. as successor to Eller Media Company (herein
"Clear Channel").
RECITALS
WHEREAS on January 15. 1998 the City and Eller entered into a Settlement Stipulation
(herein the "Stipulation") \vhich was approved by the Circuit Court in and for Pinellas County on
October I 3. 1998 in Patrick Media Group Inc. v. Citv ofClcarwater. Case No. 93-174-CI (21);
WHEREAS pursuant to paragraph 5 of the Stipulation, Clear Channel was allowed a one
(1) timc right to replacc cach of the two signs described as Sign Nos. 15 and 16 in Exhibit A to
the Stipulation which were located on State Road 60 to the cast of U.S. Highway 19 with two (2)
signs to bc ereekd by Clear Channel at any two (2) locations along U.S. Highway 19 within the
corporate limits of the City (the "Replacement Signs") within seven (7) years from the date(s) of
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IN 'rHE CIRCUIT COURT OF TilE SIXTH JUDICIAL
CIRCUIT IN AND FOR PINELLAS COUNTY. FLORIDA
PA-fRICK MEDIi\. GROUP. INC..
a Delaware corporation
Plaintill
v.
Civil Case No. 93-174-CI (21)
CITY OF CLE':AR \VATER. a Florida
municipal corporation,
Defendant.
/
/
MODIFICATION TO SETTLEMENT STIPULATION
BErWEEN CITY OF CLEARWArER AND I~LLER MEDIA COMPANY
'II-lIS MODIFIC:\lION TO SETTLEMENT SrlPULATION between City of
Clean-vater and Eller Media Company ("Eller") is entered into this _L~~ay Of~__, 2007
by and betvveen the City of Clearwater, Florida (hcrein"City") and Clear Channel Outdoor Inc.,
doing business in Florida as CC Outdoor Inc.. as successor to Eller ]'vledia Company (herein
"Clear Channel").
RECITALS
WHEREAS on January 15. 1998 the City and Eller entered into a Settlement Stipulation
(herein the "Stipulation") which vvas apprO\ed by the Circuit Court in and for Pinellas County on
Octobcr13. 1998 in Patrick Media Group Inc. v. City of Clearwater, Case No. 93-174-CI (21);
WHERE/\S pursuant to paragraph 5 of the Stipulation, Clear Channel was allowed a one
(1) time right to replace each of the tvvo signs described as Sign Nos. 15 and 16 in Exhibit A to
the Stipulation vvhich were located on State Road 60 to the east oftJ.S. Highway 19 with two (2)
signs to be erected by Clear Channel at any two (2) locations along U.S. Ilighway 19 within the
corporate limits of the City (the "'Replacement Signs") within seven (7) years from the date(s) of
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removal of the respective signs and in conformance with applicable state and kdcrallaws and
regulations:
WHEREAS, pursuant to paragraph 5 of the Stipulation, the sign areas on the two (2)
Replacement Signs could equal. but shall not exceed. ten ( 10) feel by forty (40) feet in size and
the height of the Replacement Signs. measured from the (rown of the road at the applicable
location on U.S. llighway 19, could equaL but not exceed. the height of Sign No. 15 and Sign
No. 16 measured from the crown of the road at the location of these signs on Gulf to Bay
Boulevard (State Road 60). The height of those signs \vas forty (40) feel measured from the
crown of the road:
WIH.:REAS. Clear Channel has se(ured a lease on a lo(ation at 19246 U.S. Highway 19
at the intersection of U.S. 19 and Ham Road \vithin the corporate limits of the City:
WHEREAS. due to trees and shrubbery. visibility of the sign would be compromised ifit
were constructed at forty (40) feel; and
WHEREAS. the City has determined that this \o(ation is preferable to other locations
which Clear Channel could obtain on u.s. Higlmay 19.
WHEREAS. the City has determined that it may need to (hange the Development Order
in place for the proposed location.
In consideration of the foregoing and j~)1" other good and valuable wnsideration, the
parties have reached the follO\ving agreements:
AGREEMENTS
1.
The above recitals are true and (orre(1.
,
The City agrees that Clear Channel may apply iiJr and upon submission of a
sufti(ient and complete application the City shall issue a permit for a sign structure to be located
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at 19246 U.S. Highway 19. Highvvay U.S. 19 at HarnRoad. 'The parties further agree that the
sign shall be double-faced. the size of the sign areals] on the sign shall be ten (10) feet six (6)
inches in height by thirty-six (36) feet in length. and the height of said sign structure shall be
fifty (50) feet measured from the crown of the road. Clear Channel shall submit said permit
application \vithin thirty (30) days of the approval of this agreement by the Clearwater City
Commission.
3. The City further agrees to support an appl ication by the property owner to the
Community Development Board for any necessary changes to the Development Order currently
applicable to the site to allow for the construction of a billboard sign at this location.
4. Within thirty (30) days of the issuance of the permit for the construction of the
billboard sign at the above location. Clear Channd agrees to obtain any necessary approval from
the property o\vner and to remove the sign structure currently located at I:klcher Road ES 100 ft
N/O Drew Street F/S. Construction shall not commence on the sign to be located at US Highway
19 and Harn Road until the sign structure at Belcher and Drew has been removed.
5. The parties agree that any time limits contained within the original stipulation for
the relocation of the signs described in Paragraph 5 of the Stipulation are tolled for a period of
one hundred twenty( 120) days from the date of execution of this Modi fication.
6. All provisions of the Stipulation not inconsistent with this Modification shall
remain in full force and effect.
7. The parties agree to seek any approval necessary for this Modification from the
Circuit Court for the Sixth Judicial Circuit.
This Modification to Settlement Stipulation is executed as of the date and year first set
forth above.
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Countersigned:
crrv OF CLEARWATER
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Approved as to form:
Attest:
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Pamela K. Akin
City Attorney
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'ynthi' E. Goude[tu ~--., .:,->.-
City Clerk ""-;;>-...' - .. .~. w-
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CLEAR CHANNEL OUTDOOR INC., doing
business in Florida as CC Outdoor Inc.. as
successor to Eller Media Company
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