Broward County Commission Regular Meeting

MOTION TO APPROVE Billboard License Agreement between Broward County and CBS Outdoor, LLC at the Fort Lauderdale-Hollywood International Airport; effective May 1, 2014, with a five-year term that will expire on April 30, 2019; and authorize Mayor and Clerk to execute same.

ACTION: (T-10:24 AM) Approved.

VOTE: 8-0. Commissioner Jacobs was not present.

Chapter 2, Section 2-40 (a) of the Broward County Code of Ordinances, requires that the Broward County Board of County Commissioners (Board) authorize any commercial activities or occupation of any portion of the airport.

Allows CBS Outdoor, LLC (CBS) to continue the operation and maintenance of an advertising billboard on the west side of the Fort Lauderdale-Hollywood International Airport (FLL) for a five-year term.

None.

THE AVIATION DEPARTMENT RECOMMENDS APPROVAL OF THE ABOVE MOTION.

This action approves a Billboard License Agreement (License) allowing CBS to continue the operation and maintenance of an advertising billboard on the west side of FLL for a five-year term.

On March 24, 2009 (Item No. 21), the Board approved the entry of a Stipulated Final Judgment with National Advertising Company, in Broward County v. National Advertising Co. and National Advertising Co. d/b/a Viacom Outdoor n/k/a CBS Outdoor, Inc. v. Broward County, Circuit Court Case No. 06-004260 CACE (04) (Settlement).

The Settlement was the result of an eviction and ejectment action pertaining to a billboard located on the Dynegy property owned by the Broward County Aviation Department (BCAD) and Port Everglades Department. The Settlement provided for a five-year billboard license with no renewal options on BCAD property on the west side of FLL. In addition, the Settlement provided for the payment of the greater of 25% of annual gross revenues or a Minimum Annual Guarantee (MAG) of $28,000. The term of the Settlement expires on April 30, 2014.

The proposed License between Broward County (County) and CBS will allow CBS to continue the operation and maintenance of the billboard at its current location at FLL. The License has a five-year term that will expire on April 30, 2019. CBS will pay the County annual fees in an amount equal to the greater of 25% of gross revenues or a MAG of $32,460. The MAG will increase annually by the greater of 3% or the CPI.

A provision in the County's standard form agreement requires that the parties agree that venue for litigation shall be in the state courts located in Broward County. This standard provision in this License has been revised by the Office of County Attorney to address CBS’s requirement that its access to federal court be preserved.

The amount referenced in this agenda has been rounded to the nearest whole dollar. CBS's payments will be based on the actual amount payable under the License. The Agreement Summary Sheet reflects the actual amount payable.