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.

4. The Department and Northampton have agreed to amicably resolve the case without

the n e ce ss ity of a hearing , under the tem1s set fotth in the Stipulation of Settlement.

CONCLUSIONS OF LAW

The Department has jurisdiction over the subject matter of and the parties to this

proceeding pursuant to Chapters 120 and 479 , Florida Sta t ute s, and Chapters 14-10 and 28-106,

Florid a Administrative Code.

ORDER

Based on the foregoing Findings of Fact and Conclusion s of Law, it is

ORDERED that Northampton may continue to maintain the Sign as an on-premise sign

pur s u a nt to the tenns set forth in the Stipulation of Settleme n t.

ORDERED that N orthampton' s request for an admini s trative hearing is DISMISSED. It

is further

ORDERED that the attached Stipulation of Settlemen t i s incorporated into this Order by

refer e nce. \\ _

_

DON E AND ORDERED da y 2020.

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! .. .. '

, P. E. _,

Secretary :s: ¢r)- r.

D epartment of T ransportation CD ... .

H aydon Bums B uil d ing a> 0 . i

605 Suwannee S tr eet

Tal l aha ss ee , F l orida 32399

NOTICE OF RIGHT TO APPEAL

THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE

APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES,

AND RULES 9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY

FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE

9.110(d), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE

APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE

APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY

PROCEEDINGS, HAYDON BURNS BUILDING, 605 SUWANNEE STREET, M.S. 58,

TALLAHASSEE, FLORIDA 32399-0458, WITHIN 30 DAYS OF RENDITION OF THIS

ORDER.

Copies furnished to:

David Tropin, Esq.

Austin Hensel, Esq.

Assistant General Counsel

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 58

Tallahassee, Florida 32399

Michael Green

Outdoor Advertising Administrator

Department ofTransportation

Haydon Bums Building

605 Suwannee Street, M.S. 22

Tallahassee, Florida 32399-0450

Kelly O'Keefe, Esq.

Melanie Leitman, Esq.

Stearns Weaver

106 East College Avenue, Suite 700

Tallahassee, FL 32301

STATE OF FLORIDA

DEPARTMENT OF TRANSPORTATION

Haydon Burns Building

605 Suwannee Street

Tallahassee, Florida

NORTHAMPTON TEl EQUITIES, LLC, DOAH CASE NO.: 20-1254

DOT CASE NO.: 19-027

Petitioner,

vs.

DEPARTMENT OF TRANSPORTATION,

Respondent.

STIPULATION OF SETTLEMENT

Northampton Shopping Center, LLC, as successor-in-interest to Northampton TEl

Equities, LLC, ("Northampton"), 1 and the Florida Department of Transportation, ("Department"),

together referred to as "Parties," enter into this Stipulation of Settlement ("Stipulation") and agree

as follows:

RECITALS

Northampton owns and operates an outdoor advertising sign on the east side of

Thomasville Road, milepost 7.578, in Tallahassee, Florida ("Sign").

Northampton owns parcels 142725 P0010, 142725 P0021, and 142725 P0023 (the

"Parcels") which, excluding the outparcels, comprise the Northampton Shopping Center located

1 At the time that the Notice of Violation giving rise to this matter was issued, the three parcels of

the shopping center in question were owned by three affiliated entities as tenants-in-common;

Northampton TEl Equities LLC was one of those three entities. Subsequent to issuance of the

Notice, the three entities consolidated their interest in the three parcels into Northampton Shopping

Center LLC, which is now the sole owner of the Northampton Shopping Center. Northampton TEl

Equities is one of the entities which holds a membership interest in Northampton Shopping Center

LLC.

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at 2910 Kerry Forest Parkway, Tallahassee, Florida. The legal description for the three parcels is

attached hereto as Exhibit A.

On March 20,2019, the Department issued a Notice of Violation-Illegally Erected Sign,

notice number 3646 (''Notice"), to Northampton regarding its Sign. The Notice stated that the Sign

is illegal and must be removed within 30 days absent a timely request for a hearing or information

provided to the Department sufficient to resolve the violation.

On April19, 2019, Northampton requested a hearing challenging the Department's Notice.

The Petition was assigned DOT Case No. 19-027 (''the Matter").

On March 5, 2020, the Parties referred this matter to the Division of Administrative of

Hearings ("DOAH"). The Matter was assigned DOAH Case No. 20-1254.

On January 27, 1987, the date the Northampton Planned Unit Development's

(''Northampton PUD") charter (attached as "Exhibit B") was approved by the Leon County Board

of Commissioners, the entirety of the 260-acre tract on which the Northampton PUD was

developed including Kerry Forrest Parkway, where the Sign is located, was owned and operated

by a singular ownership group. The Northampton PUD is a multi-use development that includes

commercial, residential, and preservation areas. Currently, Northampton has a right-of-way

encroachment agreement with the City of Tallahassee along Kerry Forrest Parkway that extends

to the Sign.

The Northampton PUD's charter, as approved by the Leon County Board of

Commissioners, has an express provision that allows the Sign. Specifically, "Article XI: Signs"

states in relevant part:

Allowable Si gn s

1. One Northampton identification sign at each entrance to the

development on Streets A [Kerry Forrest Parkway] and B. The sign

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may include the identification of individual businesses and services

within the Northampton development.

The Department and Northampton have agreed to amicably resolve this issue without the

necessity of a hearing, under the terms set forth in this Stipulation of Settlement.

THE PARTIES AGREE AS FOLLOWS:

1. The recitals are incorporated in and made a part ofthis Stipulation.

2. Northampton may continue to maintain its Sign as an on-premise sign, so long as

its advertising copy is limited to the "identification of individual businesses and services within

the Northampton development" and remains at the entrance of the Northampton PUD on Kerry

Forrest Parkway in accordance with Article XI of the Northampton PUD's charter. The Sign shall

only continue to exist in its existing footprint and must retain its current dimensions. Maintenance

includes repair or reconstruction of the Sign in case of damage or deterioration

3. If Northampton sells or transfers ownership of the Northampton Shopping Center,

ifNorthampton or Northampton Shopping Center ceases business operations, or if Northampton

relocates the Northampton Shopping Center, the Sign will no longer be considered an on-premise

sign and will become subject to the permitting requirements of Chapter 4 79, Florida Statutes. Any

subsequent owner of the Sign will be required to obtain a permit from FDOT or demonstrate

entitlement to an exemption under Section 479.16, Florida Statutes. Any subsequent owner ofthe

Sign will be subject to the terms of this Paragraph unless the lease, sale, or transfer of the

Northampton Shopping Center or the Sign meets the requirements of Paragraph 4 below.

4. Northampton may not lease, transfer, or sell the Sign to any other entity unless the

lease, sale, or transfer meets the following requirements: 1) the new ownership entity must comply

with all terms enumerated in this Stipulation in its entirety and 2) the new ownership entity must

simultaneously own the Northampton Shopping Center, the Sign, and either own or hold a lease

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to the parcel of land where the Sign is located. In order for any subsequent owner of the Sign to

maintain the Sign's on-premise status, in addition to complying with all of the terms enumerated

in this Stipulation, subsequent owners of the Sign must simultaneously own Northampton

Shopping Center, the Sign, and either lease or own the parcel of land where the Sign is located.

For purposes of this Stipulation, the right of way encroachment agreement with the City of

Tallahassee shall be considered a form of lease.

5. Northampton shall not erect any sign at the entrance to the Northampton PUD on

Velda Dairy Road. If Northampton wishes to erect a sign at the entrance to the Northampton PUD

on Velda Dairy Road it must first a obtain permit from the Department pursuant to Chapter 479,

Florida Statutes, prior to erecting the sign. In the event that Northampton erects a sign at the

entrance to the Northampton PUD on Velda Dairy Road without first obtaining a permit from the

Department, the Department will remove the sign structure and Northampton will reimburse the

Department for the entire cost of removal.

6. The Department will continue to monitor the Sign. Nothing in this Stipulation

prevents the Department from taking all action available under Florida law if a new violation

involving the Sign occurs. A violation shall be considered new if the sign or its ownership interest

fails to comply with any of the conditions contained in this Stipulation.

7. Each Party shall bear its own costs and attorney's fees in this proceeding.

8. Northampton shall withdraw its request for an administrative hearing upon

execution of this Stipulation.

9. Northampton, for itself and its attorneys, administrators, heirs, and asstgns,

unconditionally releases and forever discharges the State of Florida and the Department and its

Secretary, agents, employees, representatives, insurers, and attorneys from any and all charges,

Page 4 of7

complaints, claims, liabilities, demands, actions, causes of actions, suits, damages, losses, and

expenses of any nature, including attorney's fees and costs, whether known or unknown,

whatsoever arising from any or all of the facts or circumstances which give rise to, or related to

this Matter in any manner, from the beginning of time until the date of final execution of this

Stipulation. This release is not intended to waive any rights Northampton has under Chapter 120

regarding any future notice of violation or other enforcement action relating to the subject sign.

10. This Stipulation may not be used to set any future precedent by any party and may

not be used in any future litigation, including an administrative proceeding, except to enforce the

terms ofthe Stipulation.

11. Northampton agrees to indemnify the Department and its Secretary, agents,

employees, representatives, insurers, and attorneys ("Department and Indemnitees"), and to hold

the Department and Indemnitees harmless against any loss, liability, or expense incurred without

negligence or bad faith on the part of the Department and Indemnitees, arising out of or in

connection with this Stipulation of Settlement, including the costs and expenses of defending the

Department and Indemnitees against any claim or liability in connection with the exercise or

performance of any powers or duties hereunder. This indemnification shall survive the termination

of this Stipulation. Nothing contained in this paragraph is intended to nor shall it constitute a

waiver of the State ofFlorida's sovereign immunity.

12. If a provision of this Stipulation of Settlement is held invalid, the remainder shall

not be affected, subject to the law of severability. In such an instance the remainder would then

continue to conform to the terms and requirements of applicable law.

13. The parties hereto represent and warrant that terms of this Stipulation of Settlement

were negotiated at arm's length, and this Stipulation of Settlement was prepared without fraud,

Page 5 of7

duress, undue influence, or coercion of any kind exerted by any of the parties upon other, and that

the execution and delivery of this Stipulation of Settlement is the free and voluntary act of each

party hereto.

14. The terms of this Stipulation of Settlement may not be changed, waived,

discharged, or terminated orally, but only by an instrument or instruments in writing, signed by

both signatories to this Stipulation (or, if the Parcels are sold or transferred, by FDOT and the

current owner of the Parcels).

15. Any failure of any party to insist upon the strict performance of any terms or

provisions hereof shall not be deemed to be a waiver of any of the terms and provisions thereof.

16. This document incorporates and includes all prior negotiations, correspondence,

agreements, or understandings of the matters contained herein and the parties agree that there are

no commitments, agreements, or understandings concerning the subject matter of this Stipulation

of Settlement that are not contained in this document. Accordingly, it is agreed that no deviation

from the terms hereof shall be predicated upon any prior representation or agreements whether

oral or written.

17. The parties stipulate to and request entry of a final order consistent herewith.

18. The Stipulation of Settlement is contingent upon the approval of the Secretary of

the Department or his authorized representative. Until such approval is received, by the issuance

of a Final Order, the Department incurs no liability or obligation whatsoever pursuant to this

Stipulation.

19. Each individual signing this Stipulation directly and expressly warrants that he/she

has been given and has received and accepted authority to sign and execute the documents on

behalf of the Party for whom it is indicated he/she has signed, and further has been expressly given

Page 6 of7

and received and accepted authority ro enter into a binding agreement on behalf of such Party with

respect to the matters concerned herein and as stated herein . A signature transmitted by facsimile

or as a pdf copy to electronic mail shall be treated as original for all purposes.

The parties hereto have executed the foregoing Stipulation of

SeUlement:

FLORIDA DEPARTMENT f F TRANSPORTATION

Signed this /1/tt day of AvJmt , 2020 .

By: ----w

Prillted : r T.

Legal Review:

By: dJOL.f

David Tropin

Assistant General Counsel

NORTHAMPTON SHOPPING CENTERLLC

as successor in interest to

NORTHAMPTON TEl EQUITIES, LLC.

Signedthi s 18th ; 2020.

By : \\\\. <:::> A v -

Title: Manager

Printed: Robert Kantor

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