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HomeMy WebLinkAboutReso 2000-258 RESOLUTION NO. 2000- ~ 58 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, APPROVING AN AGREEMENT WITH ELLER MEDIA COMPANY FOR CONTINUATION OF PLACEMENT OF BUS SHELTERS WITHIN THE CORPORATE LIMITS OF THE CITY OF SUNNY ISLES BEACH; AUTHORIZING THE CITY MANAGER TO EXECUTE AND DO ALL THINGS NECESSARY TO EFFECTUATE SAID AGREEMENT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 8, 1998, the City of Sunny Isles Beach ("City") entered into an agreement with Eller Media Company for placement of bus shelters throughout the City; and WHEREAS, the bus shelter agreement expired on June 30, 2000, and the City wishes to extend the expiration date for a period of twenty-four (24) months; and WHEREAS, staff believes that the Collins Avenue streetscape program will be implemented within that period, with new bus shelters as part of that plan and the attached Eller Media Company agreement allows the City the option of terminating the agreement after eighteen (18) months, if desired; and WHEREAS, it would be in the 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: 1. Approval of Agreement. The agreement by and between the City of Sunny Isles Beach and Eller Media Company, attached hereto as Exhibit "A" be, and same, is hereby approved. 2. Authorization of City Manager. The City Manager is hereby authorized to execute said agreement attached as Exhibit "A" and do all things necessary to effectuate the agreement. 3. Effective Date. This Resolution will become effective u PASSED AND ADOPTED this 20th day of July, 200 . Bus Shelter Agreement - Eller Media,res 07/1lI00 10:41 AM P,Walker (': " -',. ::.1- A'LTEST:: ' 'l ,1 , '" ~ > ,.,.' ." < t ~', ::: ~,- h:~L{.. ~.\~c~~d Bj own-M~F~lla, City Clerk "."' J/} ,'" \:' , I ' ., , 01. .. l"-\. . f' ,..' .. '" '-" "" .. APPROVED AS TO FORM AND LEGAL SUFFICIENCY Vote: 5-0 Mayor Samson Vice Mayor Morrow Commissioner Iglesias Commissioner Kauffman Commissioner Turetsky Bus Shelter Agreement - Eller Media,res 07/1\/0010:41 AM P,Walker v(Y es) ~(Y es) ~Yes) __JL,CY es) ~(Yes) ~~:~~:;~y: ~ ~~~~Sr;:~~~~~ _(No) _(NO) _(NO) _(NO) _(NO) 2 , , AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the ~day of~ ,2000 by and between the CITY OF SUNNY ISLES BEACH. a Florida municipal corporatio~") and ELLER MEDIA, a Florida corporation ("COMPANY") 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 COMPANY and Miami-Dade County (flkla Dade County) pursuant to that certain agreement OTA-8-R of August, 1981 (the "MDT A 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 COMPANY 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: 1. Right to Place Shelters. The CITY shall permit the COMPANY to use the public rights-of-way over which it maintains control for the placement by the COMPANY of bus shelters upon the terms and conditions hereinafter stated. The CITY shall use its best efforts to cooperate with the COMPANY in connection with the COMPANY'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. COMPANY shall be responsible for pulling all required State permits. The CITY shall also work with the COMPANY, and interface with the necessary public utilities. to expedite the issuance of any and all electrical hookups required for the operation of bus shelters, however the shelters shall remain non-illuminated unless authorized by the City Manager. 2. Erection. Installation. Maintenance and Ownership of Shelters. The COMPANY 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. The COMPANY 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 COMPANY. 3. Compliance With State and Local Laws. The COMPANY 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. The COMPANY 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 COMPANY. COMPANY shall also use good faith efforts to maintain grass areas that may exist around such shelters. 4. License Fees. COMPANY shall pay the CITY $525.00 per year, per operable shelter with advertising, effective as of the effective date of the Agreement, until the expiration of the term of the Agreement: All past monies due and payable under the predecessor in interest have been fully satisfied and are part of the consideration ofthis Agreement. Said payment shall be prorated for partial years during which any said shelter is in place for less than the full calendar year. 5. Shelter Locations. The COMPANY 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. The COMPANY 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 COMPANY. Should the COMPANY fail to remove a shelter within seven (7) business days after notice served upon the COMPANY, the CITY may do so and charge the cost for such removal to the COMPANY. 7. Insurance. The COMPANY, at its own expense, shall procure an Insurance Policy commonly known as Public Liability Insurance Policy with limits of ONE MILLION (S 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. The COMPANY 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 COMPANY'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 twenty-four (24) months commencing on first day of the month following the signature by all parties to this Agreement. This Agreement may be extended by the mutual written consent of both parties. 11. Termination. Subsequently to the 18th month of this Agreement, this Agreement may be terminated unilaterally by the CITY subsequent to the COMPANY'S receipt of sixty (60) days written notice. 12. 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. 13. Entire Agreement. This Agreement sets forth all ofthe 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. 14. 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: AS TO CITY: City Manager City of SUNNY ISLES BEACH City Hall 17070 Collins Avenue Sunny Isles Beach, FL 33160 WITH COPY TO: Lynn M. Dannheisser, City Attorney City Hall 17070 Collins Avenue Sunny Isles Beach, FL 33160 AS TO COMPANY: John Jacobs, PresidentlGM, South Florida Division Eller Media 5800 N. W. 77 Court Miami, FL 33166 WITH COpy TO: George Volsky, Esq. Akerman, Senterfitt & Edison, P.A. Sun trust International Center One SE 3rd Avenue 28th Floor Miami, FL 33131-2398 15. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws ofthe 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. 16. Binding Effect. The obligations imposed pursuant to this Agreement upon the COMPANY shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and assigns. 17. Attorneys' 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. .. .' " , ~.7~ WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year,first afjov~''Y?tten. . r - ~"J , '::',~ ./'; CITY OF SUNNY ISLES BEACH, a Florida municipal corporaf n . CITY: , , . ill. -', " ,'" i .. "_ J ..~ ~J..iJ-~~ . />, ry CLERK .~ ,.,I -.. '..." .f ."~ .. ," .' ... BY ~ " ATTEST: corporation STATE OF FLORIDA COUNTY OF Dade) I HEREBY CERTIFY that on this day of , before me appeared John Jacobs as President, South Florida Division, of Eller Media, a Florida corporation, to me known to be the person who signed the foregoing agreement and who acknowledged before me that John Jacobs 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. NOTARY PUBLIC My Commission Expires: