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HomeMy WebLinkAboutR-2005-103 Bus Bench Amend to Contract RESOLUTION NO. 2005-103 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, AUTHORIZING THE PROPER CITY OFFICIALS TO EXECUTE AN AMENDMENT TO THE BUS BENCH ADVERTISING CONTRACT BETWEEN THE CITY AND MARTIN OUTDOOR MEDIA, INC. TO PROVIDE FOR AN EXTENSION OF THE LENGTH OF THE TERM, AN INCREASE IN THE PAYMENTS MADE TO THE CITY AND TO REVISE THE ADVERTISING RESTRICTIONS PERTAINING TO PERMITTED ADVERTISING COLORS; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the proper City offials are authorized to execute an amendment to that certain Agreement existing between the City and Martin Outdoor Media, Inc., to extend the term, increase the payments payable to the City and to revise the advertising restrictions pertaining to permitted advertising colors, 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 Agreement as are deemed necessary and proper for the best interests of the City and as are consistent with the expressed directions of the City Commission. Section 3. That all resolutions or part of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 4. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on June 28, 2005. ANNE CASTRO MAYOR-COMMISSIONER AT ROLL CALL: COMMISSIONER ANTON - YES 4 COMMISSIONER BERTINO - YES LOUISE STILSON COMMISSIONER MCELYEA - YES CITY CLERK VICE MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS /-P BY: n. THO A %BRO CITY ATTORNEY • • 2 RESOLUTION #2005-1 03 AMENDMENT TO BUS BENCH ADVERTISING CONTRACT BETWEEN THE CITY OF DANIA BEACH AND MARTIN OUTDOOR MEDIA, INC. THIS IS AN AMENDMENT (the "Amendment") to the November 1st, 2002 BUS BENCH ADVERTISING CONTRACT (the "Contract") made on . cJn/ c ', 2005, between the CITY OF DANIA BEACH ("City"), a municipal corporation organized and existing under the laws of 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 Ist, 2002, in connection with bus bench advertisements in the City; and WHEREAS, the City is willing to extend the term and remove the current advertising color restrictions, subject 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 acknowledged and agreed upon, the parties agree as follows: 1. That the foregoing recitals are true and correct and they are incorporated into this Agreement. 2. That pursuant to paragraph 4 of the Contract, the term is extended for a period of three (3) years, commencing on October 1, 2005 and terminating on September 30, 2008. 3. That despite any provision in the Contract which is or may appear to be to the contrary, the restrictions as to use of the colors of green and white only for all advertising panels is removed. Advertiser agrees only to use colors in the panels as indicated on the color palette identified in Exhibit A, a copy of which is attached to this Amendment and incorporated by this reference. 4. Beginning October 1, 2005, Advertiser agrees to pay the City the amount of $1'200.00 per month in advance of each applicable month. For each of the remaining two years of the extended term, such payment shall be adjusted based on the Consumers' Price Index, provided, however, that the adjustment shall not exceed five percent (5%) for any such year. The monthly payment amount shall be adjusted on October 1, 2006 and October 1, 2007 by multiplying the applicable payment then being paid by a fraction, the numerator of which shall be the Consumer Price Index — U.S. South Urban for all items (1982-84 equals 100) ("CPI") for September of the Lease Year in which the adjustment is being made, and the denominator of which shall be the CPI of October of the prior year. Should the CPI become unavailable, the payment will be made using the then current rate until the CPI is available and at that the calculations be made and the Advertiser time the calculations will be made anct the (r t f E I if any when the next month rent is paid. In no case shall Advertiser pay the City the difference, • the adjustment exceed five percent (5%) of the amount being paid in the prior year. 5. That except as specifically provided in this Amendment, all other terms and conditions of the Bus Bench Advertising Contract remain in full force and fully in effect. IN WITNESS OF THE FOREGOING, the parties have signed this Amendment effective on the date first written above. CITY: ATTEST: CITY OF DANIA BEACH, o a Florida Municipal Corporation LOUISE STILSON CITY CLERK ANNE CASTRO, MAYOR APPROVED AS TO FORM AND CORRECTNESS: • IVAN PATO, CITY MANAGER THO AS ,, 8RO CITY ATT/6R EY MARTIN OUTDOOR MEDIA, a Florida Corporation , By: Si 'nature ' Print Title: \.� j c Print Name:C, I-- lv1'o" (CORPORATE SEAL) • 2 • 79 CITY OF DANIA BEACH MEMORANDUM TO: Ivan Pato, City Manager Patty, Varney FROM: Tom Ansbro, City Attorney DATE: June 21, 2005 RE: Bus Bench Contract Amendment As discussed at the June 14, 2005 City Commission meeting, an amendment to the existing referenced contract with Martin Outdoor Media, Inc. has been prepared which will: • 1) extend the term for three additional years (rather than five ears as requested b the years, q Y company); 2) increase the monthly payment from $917.00 to $1,200.00, beginning October 1, 2005, subject to an annual C.P.I. adjustment not to exceed five percent (5%); and 3) remove the green and white color restrictions for advertising panels. Colors will be approved by the City Commission (a color palette is currently being circulated for comments as to acceptable advertising panel colors). A Resolution has been prepared and is ready for adoption to authorize execution of the amendment. TJA:slw Attachments •