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Cant I di 4 <br />AGREEMENT <br />v� <br />,61­1 <br />S GREEMENT (the "Agreement") is made and entered into as of the day of <br />1998, by and between the SUNNY ISLES BEACH, a Florida <br />municipal corporation (the "CITY"), and ELLER MEDIA COMPANY, a Florida corporation <br />("LICENSEE") <br />WITNESSETH : <br />WHEREAS, on June 16, 1997, the CITY incorporated and became a separate <br />municipality within Miami -Dade County, and acquired all interest in the existing contract <br />between the LICENSEE and Miami -Dade County (f/k/a Dade County) pursuant to that certain <br />agreement OTA-8-R of August, 1981 (the "MDTA AGREEMENT") pertaining to lands located <br />within the jurisdictional limits of the CITY; and <br />WHEREAS, the CITY is willing to enter into this Agreement with the LICENSEE under <br />the terms and conditions stated herein; and <br />NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and <br />other good and valuable consideration, the receipt of which are hereby acknowledged, the parties <br />hereto agree as follows: <br />l . Right to Place Shelters. The CITY shall permit the LICENSEE to use the <br />public rights -of -way over which it maintains control for the placement by the LICENSEE of bus <br />shelters upon the terms and conditions hereinafter stated. The CITY shall use its best efforts to <br />cooperate with the LICENSEE in connection with the LICENSEE's erection, installation, <br />maintenance and repair of said bus shelters, including, but not limited to, the issuance of any and <br />all permits, authorizations, or other approvals of governmental agencies or utilities that may be <br />required for same. LICENSEE shall be responsible for pulling all required State permits. The <br />CITY shall also work with the LICENSEE, and interface with the necessary public utilities, to <br />expedite the issuance of any and all electrical hookups required for the operation of bus shelters. <br />2. Erection, Installation, Maintenance and Ownership of Shelters. LICENSEE <br />shall erect, or has erected, and maintained bus shelters at no less than four (4) sites with <br />advertising to be located along the public right-of-way within the CITY limits. By agreement <br />with the City Manager, this Agreement may be expanded by up to four (4) additional bus <br />shelters. Said sites shall be selected by both parties, and LICENSEE shall coordinate with such <br />other governmental agencies as may be necessary for such erection and installation. LICENSEE <br />shall restrict advertising of Adult Entertainment, Massage Parlors, Adult Book Stores, Adult <br />Theaters, Adult Escort Services, Pornographic, obscene or objectionable material. The <br />determination of objectionable material shall be at the sole discretion of the CITY and shall be <br />removed upon written request of the CITY. Any and all shelters are, and shall remain, the sole <br />and exclusive property of the LICENSEE. <br />