CAO 01-08 Adshel, Inc.
.
CITY OF MIAMI BEACH
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO:
Jorge M. Gonzalez
City Manager
Murray H. Dubbi~ 1\ 1&,,\\, ,O/~
City Attorney IW\ ~~
Raul J. Aguila L ~ ~.;, \
First Assistant City Attotne~
C.A.O. NO. 01-08
FROM:
C.M.O. NO. 3-6/01
SUBJECT: Adshel, Inc. Contract
DATE: June 14,2001
This memorandum is prepared in response to your memorandum, dated June 13, 2001,
regarding whether the proposed Lincoln Road directory signage (which includes commercial
advertising), as contemplated between that certain Agreement between the City and Adshel, Inc.,
dated April18, 2001 (the "Agreement"), will need to go back to the City Commission for a waiver
of development regulations.
Accordingly, I have reviewed Request for Proposals No. 112-99/00 to "Construct, Operate
and Maintain a Minimum of Ten (10) Directory Structures in the Lincoln Road Area, Providing
Directory Information, Location Maps and Offering Advertising Space for Commercial Use, and
Fabricate and Install Street Signs and Block Numbers at Ten (10) Intersections along Lincoln Road"
(the RFP). There is no provision in the RFP which would constitute a "de-facto" approval by the
Mayor and City Commission of a waiver of development regulations for the subject Lincoln Road
signage directories 1. Additionally, the Agreement requires Adshel (as the Contractor therein) to
obtain any and all necessary design approvals for the subject directory signage.
As stated in your June 13,2001 memorandum, as the City's Planning Department has now
advised that the proposed directory signage (which includes commercial advertising) will need to
go back to the City Commission for a waiver of development regulations, there is nothing in my
review of either the RFP or the Agreement, which would substantiate that such a waiver has either
expressly or impliedly been granted. Notwithstanding Adshel's further compliance with any and all
required necessary design approvals (including, but not limited to, Historic Preservation Board and
1 Assuming arguendo that there was language in the RFP intending to waive development
regulations, it would be questionable whether such language could supersede the requirements/
process for such waivers provided pursuant to the City's Zoning Ordinance.
Design Review approvals), further City' Commission action will be required with regard to its
consideration of a waiver of development regulations for the proposed signage directories.
Should you have any questions or comments regarding the above, please do not hesitate to
contact me.
cc: Ronnie Singer, Executive Assistant to the City Manager
Jorge Gomez, Planning and Zoning Director
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