HomeMy WebLinkAbout08-77 - First Amended Franchise Agreement for Renewal of Bus Shelter Franchise Clear Channel Outdoor, IncRESOLUTION NO. 08-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE
FIRST AMENDED FRANCHISE AGREEMENT FOR
RENEWAL OF THE BUS SHELTER FRANCHISE WITH
CLEAR CHANNEL OUTDOOR, INC.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, City of Costa Mesa and Clear Channel Outdoor, Inc. ("Franchisee")
entered into a Franchise Agreement ("Agreement') on November 1, 2003, for a bus
shelter franchise to construct, install, operate and maintain transit shelters and benches
with advertising displays at certain bus stops throughout the City of Costa Mesa; and
WHEREAS, the Agreement provided for a five (5) year term for the Franchise,
which expires on October 31, 2008; and
WHEREAS, the Agreement and Costa Mesa Municipal Code ("CMMC")
section 19-303 provides for the renewal of the Franchise for one (1) five (5) year
renewal term upon compliance with the terms of the Agreement and the CMMC; and
WHEREAS, the City of Costa Mesa Public Services Department has prepared
a report on the performance of Clear Channel Outdoor, Inc. under the terms of the
Agreement and the CMMC ('Report"); and
WHEREAS, on October 21, 2008, the Report was considered and testimony
and evidence were received by City Council on the performance of the Franchisee;
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WHEREAS, City Council finds the Franchisee to be in compliance with the
terms of the Agreement and CMMC.
NOW, THEREFORE, BE IT RESOLVED that, the City Council of the City of
Costa Mesa:
1. Approves the First Amended Franchise Agreement, attached
hereto as Exhibit "A" and incorporated herein by this reference, for a renewal term of
five (5) years, terminating on October 31, 2013; and
2. Authorizes the Mayor to sign the First Amended Franchise
Agreement.
PASSED AND ADOPTED this 21St day of October, 2008.
Eric R. Bever, Mayor
ATTEST: APPROVED AS TO FORM:
Juli olcik, City Clerk Ki berly Hall Barlow, City Attorney
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
), JULIE FOLCIK; City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 08-77 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 21St day of October, 2008, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY, LEECE.
NOES: COUNCIL MEMBERS: NONE.
ABSENT: "COUNCIL MEMBERS: NONE.
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 22nd day of October, 2008.
JUL,jE FOLCI , CITY CLERK
(SEAL)
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FIRST AMENDED
FRANCHISE AGREEMENT
THIS AGREEMENT is made and entered into this 1" day of November, 2008, by and
between the CITY OF COSTA MESA, a municipal corporation ("City"), and CLEAR
CHANNEL OUTDOOR, INC., a Delaware corporation ("Franchisee").
WITNESSETH:
WHEREAS, City and Franchisee entered into a Franchise Agreement ("Agreement") on
November 1, 2003, for a franchise to construct, install, operate and maintain transit shelters and
benches with advertising displays at certain bus stops throughout the City; and
WHEREAS, the Agreement provided for a five (5) year tern, which expires on October
31, 2008; and
WHEREAS, the Agreement and Costa Mesa Municipal Code ("CMMC") section 19-303
provides for the renewal of the Franchise for one (1) five (5) year renewal tern upon compliance
with the terms of the Agreement and the CMMC; and
WHEREAS, the City of Costa Mesa Public Services Department has prepared a report on
the performance of Clear Charmel Outdoor, Inc, on the performance of Franchisee under the
terms of the Agreement and CMMC ("Report"); and
WHEREAS, on October 21, 2008, the Report was considered and testimony and
evidence were received by City Council, and City Council found the Franchisee to be in
compliance with the teens of the Agreement and CMMC.
NOW, THEREFORE, the parties hereto agree as follows:
1. The tern of the Franchise Agreement of November 1, 2003, is hereby extended
for one (1) five (5) year extension, which term shall end on October 31, 2013 at 12:00 midnight,
Pacific Standard Time. No further extension of the term of the Franchise shall be granted until a
bidding process has been completed as directed by City Council.
The Franchise terms shall include those terms contained in the Franchise
Agreement of November 1, 2003 and the Costa Mesa Municipal Code (collectively "Franchise
Agreement as Amended").
3. Except as provided herein, all other teens and conditions of the Franchise
Agreement as Amended shall remain in full force and effect.
CITY OF COSTA MESA,
A municipal corporation
Mayor of the City of Costa Mesa
Date: 007— 2'eoe
Clear Channel Outdoor, Inc.
CLEAR CHANNEL OUTDOOR, INC.
Date: Sept. 18, 2008
Gregory McGrath
President, Western Region
Title
86-0801051
Social Security or Taxpayer ID Number
/M11918M
Cit lerlc and x-officik
e
of the City of Costa Mesa
APPROVED AS TO FORM: j
" °� Date:
Cit Attorney
APPROVED AS TO INSURANCE:
Risk(M ement
APPROVED AS TO CONTENT:
Project Manager
Date: _ lala 1 oa
Date: 1, 1 ' v e,
Clear Channel Outdoor, Inc.