HomeMy WebLinkAboutR-2007-139RESOLUTTON NO. 2007-139
A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA,
AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN
AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT
EXISTING BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC.
TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM
SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section l. That the proper City officials are authorized to execute an amendment to that
certain Agreement existing between the City and Martin Outdoor Media, Inc., to extend the term
subject to certain conditions, all as shown on the attached amendment and incorporated by this
reference into this Resolution as Exhibit "A".
Section 2. That the City Manager and City Attorney are authorized to make minor
revisions to the amendment to the Agreement as are deemed necessary and proper for the best
interests of the City and as are consislent with the express directions of the City Commission.
Section 3. That all resolutions or part of resolutions in conflict with this Resolulion are
repealed to the extent of such conflict.
Section ,1. That this Resolution shall be in force and take elfect immediatel y upon its
passage and adoption
PASSED and ADOPTED on August 14,2007.
OB TO
MAYOR-C MISSIONER
APPROVED AS TO FORM D
LOUISE STILSON,
CITY CLERK
CORRE
BY:
CTNESS
THO AS
MC
CITY A RNEY
RO
ATTEST:
SECOND AMENDMENT TO BUS BENCH ADVERTISING AGREEMENT
'fHIS IS A SECOND AMENDMENT (the "Second Amendment"), madc on
IA .Itc .2007 to the No\,ember I.2OO2 BUS BENCH ADVERTISING AGITEEMENT
(the "Agreement") existing betu'een the CITY OF DANIA BEACH ("CiIy"), a municipal
corporation organized and existing under the la*'s ol the State of Florida. and MARTIN
OUTDOOR MEDIA. INC., a Florida corporation ("Advertiser").
WHEREAS, City and Advertiser entered into the above-referenced Agreement on
November 1, 2002, in connection rvith bus bench adverlisements in the City; and
WHEREAS, the City is willing to extend the term of this Agreement. subjecl to certain
conditions:
NOW, THEREFORE, in consideration of the mutual promises contained in this
Amendment and other good and valuable consideration, the receipt and adequacy of which are
ackno*'ledged and agreed upon. the parties agree as follows:
L
Agreement
That the tbregoing recitals are true and correct and thel- are incorporated into this
2. That pursuant to paragraph 4 of the Contract, the lerm of the Agreement is
extended for a period of two (2) years, commencing on October l, 2008 and terminating on
September 30,2010.
3. That in exchange for the extcnded term, Advertiser agrees that all existing
concrete and n'ood bus benches shall, by October 1,2008, be replaced and new bus benches,
fabricated entirely from steel, shall replace all of them. A copy of a photograph of the approved
steel bench is attached and incorporated by this reference.
4. Advertiser agrees that all bus benches, including those that currenlly exist as of
the date of this Second Amendment and all bus benches that replace them as provided in
Paragraph 3, above. shall fully comply with all ADA accessibility requirements.
5. Advertiser acknowledges and agrees that the Cily has a contracl with another
party pertaining to the installation of bus shelters. At such time as a bus shelter is replaced or a
new bus shelter is installed. Advertiser shall remove its bench or benches from the bus stop area,
unless the City, in its sole determination. advises Advertiser in writing that a bus bench may
remain al the location, due to the number ofbus patrons who use the bus service and bus stop.
BETWEEN THE CITY OF DANIA BEACH. FLORIDAAND@
6. That excepl as specifically provided in this Second Amendment, all other terms
and conditions of the Bus Bench Advertising Agreement as first amended remain in lull lbrce
and effect.
IN WITNESS OF THE FOREGOING, the parties have signed this Second
Amendment el-fective on the date first written above.
CITY
ATTEST:CITY OF DANIA BEACH.
a Florida Municipal Corporation6LLrurlr)
LOUISE STILSON
CI'TY CLERK
BOB , MAY
APPROVED AS TO IIORM AND
CORRECTNESS
IVAN PATO. CITY MANAGER
TI]O SJ.
CITY ATTO E
MARTIN OUTDOOR MEDIA, a Florida
Corporation
Br':
Print Name:S'( ott t/LlctRt tit
(CORPORATE SEAL)
2
)-K
til/{-ne''sigMtVri"'L'-
erinttrtte: []tQ( \ t Lrrn-{
MART!NourDoorfTD]TSTEEL BENCH ASSEMBLY
ctngu lar ..rill
*
!
I
I
f
7
-
i*l8&r-
4
t
!
I -877-41-BENCH
WWW. TIARTI NOU TDOORTE D IA. COM