HomeMy WebLinkAbout98-54 - Approving third amended Franchise Agreement for removal of the Bus Shelter Franchise with Eller Media Co.1
RESOLUTION NO. 98-54
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING THE
THIRD AMENDED FRANCHISE AGREEMENT FOR
RENEWAL OF THE BUS SHELTER FRANCHISE WITH
ELLER MEDIA COMPANY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City of Costa Mesa and Target Media entered into a Franchise
Agreement on June 14, 1993, 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, Eller Media Company is the successor in interest to Target Media
by a transfer of ownership from Patrick Media Group and entered into a Second
Amended Franchise Agreement on September 18, 1995; and
WHEREAS, the Franchise Agreement provided a five-year (5) term for the
Franchise to expire on June 14, 1998; and
WHEREAS, the Franchise Agreement and the Costa Mesa Municipal Code
Section 19-303 provide for the renewal of the Franchise for five one-year (1) renewal
terms upon compliance with the terms of the Franchise Agreement and the Costa
Mesa Municipal Code; and
WHEREAS, the City of Costa Mesa Public Services Department has prepared
a report on the performance of Eller Media Company and predecessors in interest,
Target Media, and Patrick Media Group ("Franchisee"), under the terms of the
Franchise Agreement and the Costa Mesa Municipal Code ("Report"); and
WHEREAS, on June 1, 1998, the Report was considered and testimony and
evidence were received by the City Council on the performance of the Franchisee
under the terms of the Franchise Agreement and the Costa Mesa Municipal Code, and
the City Council finds the Franchisee to be in compliance with the terms of the
Franchise Agreement and the Costa Mesa Municipal Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES HEREBY RESOLVE AS FOLLOWS:
1 . Approves the Third Amended Franchise Agreement, on file in the office
of the City Clerk and incorporated herein by this reference, for a renewal
term of five (5) years to terminate on June 14, 2003; and
2. Authorizes the Mayor to sign the Third Amended Franchise Agreement.
PASSED AND ADOPTED this 1st day of June,
ATTEST:
T
Deputy City Cl I
k of the City of Costa Mesa
of
Mayor of the City of
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa, hereby certify that the above and foregoing
Resolution No. 98-54 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on the 1st day of June, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 2nd day of June, 1998.
l
Deputy City Jerk and ex -officio Clerk of
the City Co cil of the City of Costa Mesa
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THIRD AMENDED
FRANCHISE AGREEMENT
THIS AGREEMENT, dated June 14, 1998, is hereby made by the CITY OF
COSTA MESA, a political subdivision of the State of California (CITY), and ELLER
MEDIA COMPANY, a subsidiary of Eller Investment Company, Inc., and Helliman &
Friedman Capital Partners (FRANCHISEE).
WITNESSETH:
WHEREAS, City of Costa Mesa and Target Media entered into a
Franchise Agreement on June 14, 1993, 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, Eller Media Company is the successor in interest to Target Media
by a transfer of ownership from Patrick Media Group and entered into a Second
Amended Franchise Agreement on September 18, 1995; and
WHEREAS, the Franchise Agreement provided a five (5) year term for the
Franchise to expire on June 14, 1998; and
WHEREAS, The Franchise Agreement and Costa Mesa Municipal Code
section 19-303 provides for the renewal of the Franchise for five one year (1)
renewal terms upon compliance with the terms of the Franchise Agreement and
Costa Mesa Municipal Code; and
WHEREAS, the City of Costa Mesa Public Services Department has prepared
a report on the performance of Eller Media Company and predecessors in interest,
Target Media and Patrick Media Group ("Franchisee"), under the terms of the
Franchise Agreement and Costa Mesa Municipal Code ("Report"); and
WHEREAS, On June 1, 1998, the Report was considered and testimony and
evidence were received by City Council on the performance of the Franchisee under
the terms of the Franchise Agreement and Costa Mesa Municipal Code, and City
Council finds the Franchisee to be in compliance with the terms of the Franchise
Agreement and Costa Mesa Municipal Code.
NOW, THEREFORE, the parties hereto agree as follows:
1. Section 10.01 of the Franchise Agreement of June 14, 1993, is
hereby amended to read as follows:
Exhibit
Resolution No. 98-54
Page 1 of 2
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"The term of this Agreement shall be for five (5) years
commencing with the date of execution of this Agreement by all
parties. Up to one (1) five (5) year extension may be requested by
FRANCHISEE in accordance with the conditions for renewal as set in
Costa Mesa Municipal Code (CMMC) section 19-303(G). Upon
application by FRANCHISEE, CITY may grant a renewal on conditions
set forth in CMMC section 19-303 without a bidding process."
2. The term of the Franchise Agreement of June 14, 1993, is hereby extended
for one (1) five (5), year extension which term shall end on June 14, 2003 at 12
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.
3. The franchise terms shall include those terms contained in the
Franchise Agreement of June 14, 1993, First Amended Agreement of August 2,
1993, First Supplement to Franchise Agreement for Electrical Services of November
15, 1993, Second Amended Franchise Agreement of September 18, 1995, and the
Costa Mesa Municipal Code (collectively "Franchise Agreement As Amended").
4. Except as provided herein, all other terms and conditions of the
Franchise Agreement As Amended shall remain in full force and effect.
ATTEST: CITY OF COSTA MESA
Deputy C y Clerk Mayor ou
APPROVED AS TO FORM: ELLER MEDIA COMPANY
City Attorney '
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APPROVED AS TO CONTENT: Address: 0". V- r -k -% «�
Telephone:
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ELLER 3D AMENDED.29 14-21-981
Exhibit
Resolution No. 98-54
Page 2 of 2
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