HomeMy WebLinkAboutReso 98- 93RESOLUTION NO.98-fty
AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, ADOPTING AN AGREEMENT WITH
ELLER MEDIA COMPANY FOR CONTINUATION OF PLACEMENT OF
BUS SHELTERS WITHIN THE CORPORATE LIMITS OF THE CITY OF
SUNNY ISLES BEACH; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, prior to June 16, 1997, Eller Media Company, a Florida corporation had a
license agreement with Miami -Dade County (the "County") in connection with the placement ofbus
shelters; and
WHEREAS, on June 16,1997, the citizens of the City of Sunny Isles Beach adopted a City
Charter and incorporated the City of Sunny Isles Beach (the "City"); and
WHEREAS, the City has decided it would be in the present best interest of the City to allow
Eller Media company to continue to provide said shelters based on the terms and conditions of the
Agreement attached hereto and incorporated herein as Exhibit "A"(the "Agreement");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Agreement by and between the City and Eller Media Company. attached as
Exhibit "A", be and the same be hereby approved.
Section 2. The City Manager is hereby authorized to enter into said Agreement on behalf of the
City.
Section 3. This Resolution shall be effective immediately upon adoption.
PASSED AND ADOPTED this 8th day of October, 1998.
ATTEST: I 1
Richard E.13Town-Morrilla, City Clerk
Interlocal Ext. Res k^ ~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
l..
}� M. Dannheisser, City Attorney
Vote: S- l7
Mayor Samson
Vice Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
Interlocal Ext. Res
(Yes)
V (Yes)
(Yes)
Yes)
(Yes)
Moved by: ��awuwn�waiorw+
Seconded by: Vi
(No)
(No)
(No)
(No)
(No)
Cant I di 4
AGREEMENT
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S GREEMENT (the "Agreement") is made and entered into as of the day of
1998, by and between the SUNNY ISLES BEACH, a Florida
municipal corporation (the "CITY"), and ELLER MEDIA COMPANY, a Florida corporation
("LICENSEE")
WITNESSETH :
WHEREAS, on June 16, 1997, the CITY incorporated and became a separate
municipality within Miami -Dade County, and acquired all interest in the existing contract
between the LICENSEE and Miami -Dade County (f/k/a Dade County) pursuant to that certain
agreement OTA-8-R of August, 1981 (the "MDTA AGREEMENT") pertaining to lands located
within the jurisdictional limits of the CITY; and
WHEREAS, the CITY is willing to enter into this Agreement with the LICENSEE under
the terms and conditions stated herein; and
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the parties
hereto agree as follows:
l . Right to Place Shelters. The CITY shall permit the LICENSEE to use the
public rights -of -way over which it maintains control for the placement by the LICENSEE of bus
shelters upon the terms and conditions hereinafter stated. The CITY shall use its best efforts to
cooperate with the LICENSEE in connection with the LICENSEE's erection, installation,
maintenance and repair of said bus shelters, including, but not limited to, the issuance of any and
all permits, authorizations, or other approvals of governmental agencies or utilities that may be
required for same. LICENSEE shall be responsible for pulling all required State permits. The
CITY shall also work with the LICENSEE, and interface with the necessary public utilities, to
expedite the issuance of any and all electrical hookups required for the operation of bus shelters.
2. Erection, Installation, Maintenance and Ownership of Shelters. LICENSEE
shall erect, or has erected, and maintained bus shelters at no less than four (4) sites with
advertising to be located along the public right-of-way within the CITY limits. By agreement
with the City Manager, this Agreement may be expanded by up to four (4) additional bus
shelters. Said sites shall be selected by both parties, and LICENSEE shall coordinate with such
other governmental agencies as may be necessary for such erection and installation. LICENSEE
shall restrict advertising of Adult Entertainment, Massage Parlors, Adult Book Stores, Adult
Theaters, Adult Escort Services, Pornographic, obscene or objectionable material. The
determination of objectionable material shall be at the sole discretion of the CITY and shall be
removed upon written request of the CITY. Any and all shelters are, and shall remain, the sole
and exclusive property of the LICENSEE.
3. Compliance With State and Local Laws. LICENSEE shall erect, install, light,
clean, maintain, repair or replace such bus shelters in compliance with all applicable CITY laws,
at no cost to the CITY. LICENSEE shall maintain all shelters weekly and damage to the shelter
shall be repaired within forty eight (48) hours of the time said damage is reported to the
LICENSEE. LICENSEE shall also use good faith efforts to maintain grass areas that may exist
around such shelters.
4. License Fees. LICENSEE shall pay the CITY the amounts set forth below in this
paragraph, per shelter with advertising effective as of the anniversary date of the Agreement,
until the expiration of the term of the Agreement:
Year
1) July, 1997 - June, 1998
2) July 1, 1998 — June 30, 1999
3) July 1, 1999 — June 30, 2000
Payment Per Shelter
As Per MDTA Agreement
$ 500.00
$ 525.00
All past monies due and payable under the predecessor in interest have been fully satisfied and
are part of the consideration of this Agreement. Said payment shall be prorated for partial years
during which any said shelter is in place for less than the full calendar year. As additional
revenue, the LICENSEE will annually adjust payments from the preceding year based upon
fifteen (15%) percent of the Net Gross Revenue against the minimum guaranteed payment. For
the purpose of the Agreement, Net Gross is defined as the Gross Collected Revenue, less Agency
Commission for the contract period. This adjustment shall be submitted within forty-five (45)
days of the last day of the Agreement period.
5. Shelter Locations. LICENSEE shall furnish the CITY Administrator a
schedule showing the location of each bus shelter at the time of paying the license fee for same.
No bus shelter shall be placed at any location without the prior approval of the CITY
Administrator as to its location and placement. Bus shelters shall not be placed in such a manner
as to obstruct traffic or otherwise constitute a traffic hazard.
6. Removal of Shelters. LICENSEE shall promptly, at its own expense, remove any
bus shelter which the CITY Administrator determines to be a traffic hazard, and if a fee has been
paid to the CITY for such shelter, a refund or credit shall be given to the LICENSEE. Should the
LICENSEE fail to remove a shelter within seven (7) business days after notice served upon the
LICENSEE, the CITY may do so and charge the cost for such removal to the LICENSEE.
2
7. Insurance. LICENSEE, at its own expense, shall procure an Insurance Policy
commonly known as Public Liability Insurance Policy with limits of ONE MILLION
($1,000,000.00) DOLLARS naming the CITY as Co -Insured or Additional Insured and shall
hold the CITY harmless from financial responsibility arising out of any claims or lawsuits that
may be made against the CITY because of this Agreement or the placement of the bus shelters
hereunder.
8. Indemnification. LICENSEE agree to indemnify and hold harmless the
CITY, its elected and appointed officers, agents, servants and employees, from and against any
and all claims, demands, or causes of action of whatsoever kind or nature sustained by the CITY
or any third party arising out of, by reason of, resulting from, or in connection with the
LICENSEE's performance of this Agreement, and from and against any resulting losses, costs,
expenses, reasonable attorneys' fees, liabilities, damages, orders, judgements, or decrees.
9. Payments. Any and all payments to the CITY shall be made to the following
address:
City of SUNNY ISLES BEACH
Attn: City Manager
City Hall
17070 Collins Avenue
Sunny Isles Beach, FL 33160
10. Term. The term of this Agreement shall be three (3) years commencing on June
16,1997 through June 30,2000. The CITY may extend this Agreement an additional five (5)
years with the written consent of the LICENSEE.
11. Amendment. This Agreement may be amended by the mutual written consent of
the parties. This Agreement, or any interest herein, shall not be assigned, transferred or
otherwise encumbered without the prior written consent of CITY.
12. Entire Agreement. This Agreement sets forth all of the promises, covenants,
agreements, conditions and understandings between the parties hereto, and supersedes any and
all prior or contemporaneous agreements, understandings, inducements or conditions, express or
implied, oral or written, except an herein contained.
13. Notices. Upon further written notice by either party to the other, all notices
provided for herein shall be in writing and transmitted by overnight mail, certified mail return
receipt requested, or by hand -delivery, and shall be mailed or delivered as follows:
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AS TO CITY:
WITH COPY TO:
James DiPietro, City Manager
City of SUNNY ISLES BEACH
City Hall
17070 Collins Avenue
Sunny Isles Beach, FL 33160
Lynn M. Dannheisser
City Hall
17070 Collins Avenue
Sunny Isles Beach, FL 33160
City Attorney
AS TO LICENSEE: Ignacio J. Ayala, President, South Florida Division
Eller Media Company
9202 N.W. 101 st Street
Medley, FL 33178
WITH COPY TO: Jeffrey S. Bartel, Esq.
Steel Hector & Davis LLP
200 South Biscayne Boulevard, Suite 4000
Miami, FL 33131-2398
14. Governing Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the State of Florida, and any proceeding arising between the
parties in any manner pertaining to this Agreement shall, to the extent permitted by law, be held
in Miami -Dade County, Florida.
15. Binding,Effect. The obligations imposed pursuant to this Agreement upon
the LICENSEE shall be binding upon and enforceable by and against the parties hereto, their
personal representatives, heirs, successors, grantees and assigns.
16. Attorne s' Fees. Should either party hereto bring an action against the other
to enforce the terms and provisions hereof, the party prevailing in said action shall be entitled to
a judgment against the other for its reasonable attorneys' fees and costs.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first above written.
CITY:
ATTEST:
N -9-W- � V, - A' W
(Name)Tt*cHjkCp I�, "w+J- Mori t(o,
CITY CLERK
APPROVED AS TO FORM:
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CITY ATTORNEY
LICENSEE:
CITY OF SUNNY ISLES BEACH,
a Florida municipal corporation
I
James DiPietro, City Manager
k
ELLER MEDIA COMPANY,
a Florida corporation
BY. `
nacio J.
President, IVuth Florida Division
STATE OF FLORIDA
COUNTY OF D4
I HEREBY CERTIFY that on this day of _QG7�L t' , 1998, before me
appeared Ignacio J. Ayala as President, South Florida Division, of Eller Media Company, a
Florida corporation, to me known to be the person who signed the foregoing agreement and who
acknowledged before me that Ignacio J. Ayala executed the same freely and voluntarily for the
purposes expressed in the agreement.
WITNESS my signature and official seal at said County and State, the day and year last
aforesaid.
A _.r
NOTARY PUBLI
My Commission Expires:
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OFFICIAL NOTARY SEAL
JOSIE CENCO
COMMISSION NO. CC600534
MY COMMISSION EXP NOV 11,2000
Z
City of Sunny Isles Beach
17070 Collins Avenue. Suite 250
Sunni• Isles Beach. Florida 33160
(305) 917-0606 phone (305) 949-3113 fax
David Samson
Mayor
To:
City Commission
Iming Turetsky
Vice mayor
From:
City Manager
Commissioners
Danny Iglesias
Date:
October 8, 1998
Lila Kauffman
Connie Morrow
Subject:
BUS SHELTER AGREEMENT
James DiPietro
City Nlanaoer
Lynn M. Dannheisser
Cin•Anornes,
RECOMMENDATION
It is recommended that the City Commission adopt, by resolution, the attached
agreement with Eller Media Company, for the placement of bus shelters within the
City.
REASONS
The adoption of this agreement will enable the City to receive 15%, of net gross
revenues, dating back to the City's incorporation on June 16, 1997. Currently, there
are four Eller Media bus shelters in the City. This agreement allows for four additional
sites to be mutually agreed upon, for a total of eight locations.
ADDITIONAL INFORMATION
Unless extended by the City, this agreement will expire on June 30, 2000. This will
allow the City to substitute its own shelters consistent with the Comprehensive Plan,
without advertising, should you desire.
Annual revenue to the City, based upon eight installed shelters, will be at least S4,000.
Respectful bmitted,
ames DiPietro,
City Manager
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SEP-28-1998
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9202 N.W. 101 Street
Medley, FL 33178
3051887-8788
3051887-9411 Fax
www.ellermedia.com
Mr. Richard E. Brown-Morrilla
City Clerk
City of Sunny Isles Beach
17070 Collins Avenue
Suite 250
Sunny Isles Beach, FL.33160
Re: Executed Shelter Contract
Dear Mr. Morrilla
RECEIVED I
OCT 2 7 1998
City of Sunny Isles Beach
October 22, 1998
Please find enclosed a fully executed original contract between the City of Sunny Isles Beach and Eller
Media Company for the transit shelters in the City. If you have questions in the future please contact me.
1nc
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rol d
ublic Affatrs /Real Estate Manager
Cc: David Samson, Mayor
James DePietro, City Manager
Bob Pushkin, Public Works Superintendent
Ruben Garcia, Finance Manager
Kathi Ruttter, Public Affairs Representative
Contract Fi