20-001254
Northampton Tei Equities, Llc vs.
Florida Department Of Transportation
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 19, 2020.
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 19, 2020.
14. The Department and Northampton have agreed to amicably resolve the case without
14the n e ce ss ity of a hearing , under the tem1s set fotth in the Stipulation of Settlement.
33CONCLUSIONS OF LAW
36The Department has jurisdiction over the subject matter of and the parties to this
50proceeding pursuant to Chapters 120 and 479 , Florida Sta t ute s, and Chapters 14-10 and 28-106,
67Florid a Administrative Code.
71ORDER
72Based on the foregoing Findings of Fact and Conclusion s of Law, it is
86ORDERED that Northampton may continue to maintain the Sign as an on-premise sign
99pur s u a nt to the tenns set forth in the Stipulation of Settleme n t.
116ORDERED that N orthampton' s request for an admini s trative hearing is DISMISSED. It
131is further
133ORDERED that the attached Stipulation of Settlemen t i s incorporated into this Order by
148refer e nce. \\ _
153_
154DON E AND ORDERED da y 2020.
161= (I) c= -
""1651:)
166! .. .. '
, 170P. E. _,
173Secretary :s: ¢r)- r.
177D epartment of T ransportation CD ... .
185H aydon Bums B uil d ing a> 0 . i
196605 Suwannee S tr eet
201Tal l aha ss ee , F l orida 32399
210NOTICE OF RIGHT TO APPEAL
215THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE
224APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,
234AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY
245FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE
2569.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE
265APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE
273APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY
283PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,
292TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS
302ORDER.
303Copies furnished to:
306David Tropin, Esq.
309Austin Hensel, Esq.
312Assistant General Counsel
315Department ofTransportation
317Haydon Bums Building
320605 Suwannee Street, M.S. 58
325Tallahassee, Florida 32399
328Michael Green
330Outdoor Advertising Administrator
333Department ofTransportation
335Haydon Bums Building
338605 Suwannee Street, M.S. 22
343Tallahassee, Florida 32399-0450
346Kelly O'Keefe, Esq.
349Melanie Leitman, Esq.
352Stearns Weaver
354106 East College Avenue, Suite 700
360Tallahassee, FL 32301
363STATE OF FLORIDA
366DEPARTMENT OF TRANSPORTATION
369Haydon Burns Building
372605 Suwannee Street
375Tallahassee, Florida
377NORTHAMPTON TEl EQUITIES, LLC, DOAH CASE NO.: 20-1254
385DOT CASE NO.: 19-027
389Petitioner,
390vs.
391DEPARTMENT OF TRANSPORTATION,
394Respondent.
395STIPULATION OF SETTLEMENT
398Northampton Shopping Center, LLC, as successor-in-interest to Northampton TEl
407Equities, LLC, ("Northampton"), 1 and the Florida Department of Transportation, ("Department"),
422together referred to as "Parties," enter into this Stipulation of Settlement ("Stipulation") and agree
438as follows:
440RECITALS
441Northampton owns and operates an outdoor advertising sign on the east side of
454Thomasville Road, milepost 7.578, in Tallahassee, Florida ("Sign").
464Northampton owns parcels 142725 P0010, 142725 P0021, and 142725 P0023 (the
"475Parcels") which, excluding the outparcels, comprise the Northampton Shopping Center located
4871 At the time that the Notice of Violation giving rise to this matter was issued, the three parcels of
507the shopping center in question were owned by three affiliated entities as tenants-in-common;
520Northampton TEl Equities LLC was one of those three entities. Subsequent to issuance of the
535Notice, the three entities consolidated their interest in the three parcels into Northampton Shopping
549Center LLC, which is now the sole owner of the Northampton Shopping Center. Northampton TEl
564Equities is one of the entities which holds a membership interest in Northampton Shopping Center
579LLC.
580Page 1 of7
583at 2910 Kerry Forest Parkway, Tallahassee, Florida. The legal description for the three parcels is
598attached hereto as Exhibit A.
603On March 20,2019, the Department issued a Notice of Violation-Illegally Erected Sign,
616notice number 3646 (''Notice"), to Northampton regarding its Sign. The Notice stated that the Sign
632is illegal and must be removed within 30 days absent a timely request for a hearing or information
650provided to the Department sufficient to resolve the violation.
659On April19, 2019, Northampton requested a hearing challenging the Department's Notice.
670The Petition was assigned DOT Case No. 19-027 (''the Matter").
681On March 5, 2020, the Parties referred this matter to the Division of Administrative of
696Hearings ("DOAH"). The Matter was assigned DOAH Case No. 20-1254.
708On January 27, 1987, the date the Northampton Planned Unit Development's
719(''Northampton PUD") charter (attached as "Exhibit B") was approved by the Leon County Board
735of Commissioners, the entirety of the 260-acre tract on which the Northampton PUD was
749developed including Kerry Forrest Parkway, where the Sign is located, was owned and operated
763by a singular ownership group. The Northampton PUD is a multi-use development that includes
777commercial, residential, and preservation areas. Currently, Northampton has a right-of-way
787encroachment agreement with the City of Tallahassee along Kerry Forrest Parkway that extends
800to the Sign.
803The Northampton PUD's charter, as approved by the Leon County Board of
815Commissioners, has an express provision that allows the Sign. Specifically, "Article XI: Signs"
828states in relevant part:
832Allowable Si gn s
8361. One Northampton identification sign at each entrance to the
846development on Streets A [Kerry Forrest Parkway] and B. The sign
857Page 2 of7
860may include the identification of individual businesses and services
869within the Northampton development.
873The Department and Northampton have agreed to amicably resolve this issue without the
886necessity of a hearing, under the terms set forth in this Stipulation of Settlement.
900THE PARTIES AGREE AS FOLLOWS:
9051. The recitals are incorporated in and made a part ofthis Stipulation.
9172. Northampton may continue to maintain its Sign as an on-premise sign, so long as
932its advertising copy is limited to the "identification of individual businesses and services within
946the Northampton development" and remains at the entrance of the Northampton PUD on Kerry
960Forrest Parkway in accordance with Article XI of the Northampton PUD's charter. The Sign shall
975only continue to exist in its existing footprint and must retain its current dimensions. Maintenance
990includes repair or reconstruction of the Sign in case of damage or deterioration
10033. If Northampton sells or transfers ownership of the Northampton Shopping Center,
1015ifNorthampton or Northampton Shopping Center ceases business operations, or if Northampton
1026relocates the Northampton Shopping Center, the Sign will no longer be considered an on-premise
1040sign and will become subject to the permitting requirements of Chapter 4 79, Florida Statutes. Any
1056subsequent owner of the Sign will be required to obtain a permit from FDOT or demonstrate
1072entitlement to an exemption under Section 479.16, Florida Statutes. Any subsequent owner ofthe
1085Sign will be subject to the terms of this Paragraph unless the lease, sale, or transfer of the
1103Northampton Shopping Center or the Sign meets the requirements of Paragraph 4 below.
11164. Northampton may not lease, transfer, or sell the Sign to any other entity unless the
1132lease, sale, or transfer meets the following requirements: 1) the new ownership entity must comply
1147with all terms enumerated in this Stipulation in its entirety and 2) the new ownership entity must
1164simultaneously own the Northampton Shopping Center, the Sign, and either own or hold a lease
1179Page 3 of7
1182to the parcel of land where the Sign is located. In order for any subsequent owner of the Sign to
1202maintain the Sign's on-premise status, in addition to complying with all of the terms enumerated
1217in this Stipulation, subsequent owners of the Sign must simultaneously own Northampton
1229Shopping Center, the Sign, and either lease or own the parcel of land where the Sign is located.
1247For purposes of this Stipulation, the right of way encroachment agreement with the City of
1262Tallahassee shall be considered a form of lease.
12705. Northampton shall not erect any sign at the entrance to the Northampton PUD on
1285Velda Dairy Road. If Northampton wishes to erect a sign at the entrance to the Northampton PUD
1302on Velda Dairy Road it must first a obtain permit from the Department pursuant to Chapter 479,
1319Florida Statutes, prior to erecting the sign. In the event that Northampton erects a sign at the
1336entrance to the Northampton PUD on Velda Dairy Road without first obtaining a permit from the
1352Department, the Department will remove the sign structure and Northampton will reimburse the
1365Department for the entire cost of removal.
13726. The Department will continue to monitor the Sign. Nothing in this Stipulation
1385prevents the Department from taking all action available under Florida law if a new violation
1400involving the Sign occurs. A violation shall be considered new if the sign or its ownership interest
1417fails to comply with any of the conditions contained in this Stipulation.
14297. Each Party shall bear its own costs and attorney's fees in this proceeding.
14438. Northampton shall withdraw its request for an administrative hearing upon
1454execution of this Stipulation.
14589. Northampton, for itself and its attorneys, administrators, heirs, and asstgns,
1469unconditionally releases and forever discharges the State of Florida and the Department and its
1483Secretary, agents, employees, representatives, insurers, and attorneys from any and all charges,
1495Page 4 of7
1498complaints, claims, liabilities, demands, actions, causes of actions, suits, damages, losses, and
1510expenses of any nature, including attorney's fees and costs, whether known or unknown,
1523whatsoever arising from any or all of the facts or circumstances which give rise to, or related to
1541this Matter in any manner, from the beginning of time until the date of final execution of this
1559Stipulation. This release is not intended to waive any rights Northampton has under Chapter 120
1574regarding any future notice of violation or other enforcement action relating to the subject sign.
158910. This Stipulation may not be used to set any future precedent by any party and may
1606not be used in any future litigation, including an administrative proceeding, except to enforce the
1621terms ofthe Stipulation.
162411. Northampton agrees to indemnify the Department and its Secretary, agents,
1635employees, representatives, insurers, and attorneys ("Department and Indemnitees"), and to hold
1648the Department and Indemnitees harmless against any loss, liability, or expense incurred without
1661negligence or bad faith on the part of the Department and Indemnitees, arising out of or in
1678connection with this Stipulation of Settlement, including the costs and expenses of defending the
1692Department and Indemnitees against any claim or liability in connection with the exercise or
1706performance of any powers or duties hereunder. This indemnification shall survive the termination
1719of this Stipulation. Nothing contained in this paragraph is intended to nor shall it constitute a
1735waiver of the State ofFlorida's sovereign immunity.
174212. If a provision of this Stipulation of Settlement is held invalid, the remainder shall
1757not be affected, subject to the law of severability. In such an instance the remainder would then
1774continue to conform to the terms and requirements of applicable law.
178513. The parties hereto represent and warrant that terms of this Stipulation of Settlement
1799were negotiated at arm's length, and this Stipulation of Settlement was prepared without fraud,
1813Page 5 of7
1816duress, undue influence, or coercion of any kind exerted by any of the parties upon other, and that
1834the execution and delivery of this Stipulation of Settlement is the free and voluntary act of each
1851party hereto.
185314. The terms of this Stipulation of Settlement may not be changed, waived,
1866discharged, or terminated orally, but only by an instrument or instruments in writing, signed by
1881both signatories to this Stipulation (or, if the Parcels are sold or transferred, by FDOT and the
1898current owner of the Parcels).
190315. Any failure of any party to insist upon the strict performance of any terms or
1919provisions hereof shall not be deemed to be a waiver of any of the terms and provisions thereof.
193716. This document incorporates and includes all prior negotiations, correspondence,
1947agreements, or understandings of the matters contained herein and the parties agree that there are
1962no commitments, agreements, or understandings concerning the subject matter of this Stipulation
1974of Settlement that are not contained in this document. Accordingly, it is agreed that no deviation
1990from the terms hereof shall be predicated upon any prior representation or agreements whether
2004oral or written.
200717. The parties stipulate to and request entry of a final order consistent herewith.
202118. The Stipulation of Settlement is contingent upon the approval of the Secretary of
2035the Department or his authorized representative. Until such approval is received, by the issuance
2049of a Final Order, the Department incurs no liability or obligation whatsoever pursuant to this
2064Stipulation.
206519. Each individual signing this Stipulation directly and expressly warrants that he/she
2077has been given and has received and accepted authority to sign and execute the documents on
2093behalf of the Party for whom it is indicated he/she has signed, and further has been expressly given
2111Page 6 of7
2114and received and accepted authority ro enter into a binding agreement on behalf of such Party with
2131respect to the matters concerned herein and as stated herein . A signature transmitted by facsimile
2147or as a pdf copy to electronic mail shall be treated as original for all purposes.
2163The parties hereto have executed the foregoing Stipulation of
2172SeUlement:
2173FLORIDA DEPARTMENT f F TRANSPORTATION
2178Signed this /1/tt day of AvJmt , 2020 .
2186By: ----w
2188Prillted : r T.
2192Legal Review:
2194By: dJOL.f
2196David Tropin
2198Assistant General Counsel
2201NORTHAMPTON SHOPPING CENTERLLC
2204as successor in interest to
2209NORTHAMPTON TEl EQUITIES, LLC.
2213Signedthi s 18th ; 2020.
2217By : \\\\. <:::> 2220A v -
2223Title: Manager
2225Printed: Robert Kantor
2228Page 7 of7
- Date
- Proceedings
- PDF:
- Date: 06/24/2020
- Proceedings: Order Continuing Final Hearing (parties to advise status by July 24, 2020).
- PDF:
- Date: 06/15/2020
- Proceedings: Respondent's Notice of Service of Responses to Petitioner's Second Request for Production filed.
- PDF:
- Date: 06/15/2020
- Proceedings: Respondent's Notice of Service of Responses to Petitioner's First Set of Interrogatories filed.
- PDF:
- Date: 05/22/2020
- Proceedings: Petitioner's Notice of Service of Amended and Supplemental Answers to Interrogatories by Northhampton filed.
- PDF:
- Date: 05/15/2020
- Proceedings: Petitioner's Notice of Service of First Interrogatories to Department of Transportation filed.
- PDF:
- Date: 05/04/2020
- Proceedings: Order Granting Continuance and Rescheduling Hearing (hearing set for July 6 and 7, 2020; 9:00 a.m.; Tallahassee).
- PDF:
- Date: 04/30/2020
- Proceedings: Notice of Telephonic Status Conference (status conference set for May 1, 2020; 2:00 p.m.).
- PDF:
- Date: 04/28/2020
- Proceedings: Petitioner's Corrected Responses to Department's First Set of Requests for Admissions filed.
- PDF:
- Date: 04/13/2020
- Proceedings: Petitioner's Responses to Department's First Set of Requests for Admissions filed.
- PDF:
- Date: 04/13/2020
- Proceedings: Petitioner's First Request for Production to Department of Transportation filed.
- PDF:
- Date: 03/24/2020
- Proceedings: Respondent's Notice of Service of its First Set of Interrogatories to Petitioner filed.
Case Information
- Judge:
- E. GARY EARLY
- Date Filed:
- 03/05/2020
- Date Assignment:
- 03/09/2020
- Last Docket Entry:
- 10/19/2020
- Location:
- Tallahassee, Florida
- District:
- Northern
- Agency:
- Other
Counsels
-
Austin M. Hensel, Esquire
Address of Record -
Melanie R. Leitman, Esquire
Address of Record -
Kelly A. O`Keefe, Esquire
Address of Record -
David Tropin, Esquire
Address of Record