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Home My WebLink About1993-399 1 2 RESOLUTION 93-399 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT BY AND BETWEEN 3 THE CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING 4 BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. 5 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor is hereby authorized and directed to execute on behalf of said 8 City a third amendment to the Agreement by and between the City of San Bernardino and Metro 9 Display Advertising, Inc. doing business as Bustop Shelters of California, Inc., a California 10 corporation, 2692 Dow Avenue, Tustin, CA, 92680. 11 SECTION 2. The authorization to execute the above-referenced amendment is rescinded 12 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this 13 resolution. 14 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 15 16 Common Council of the City of San Bernardino at a regular meeting thereof, held on the 17 18 19 20 21st October , 1993, by the following vote, to wit: day of 1/1// 1/1// 1//1/ 21 22 1/1// 23 1/1// 24 1/1// 25 1/1// 26 1/ 1/ / 27 28 IIIII 93-399 1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A THIRD AMENDMENT TO AN AGREEMENT BY AND BETWEEN THE CITY OF 2 SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. 3 4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT 5 6 NEGRETE x 7 CURLIN 8 HERNANDEZ ----X.... x 9 OBERHELMAN 10 11 12 13 14 15 16 17 18 of ---1L DEVLIN x POPE-LUDLAM x MILLER ----X.... G~~ bty Clerk The foregoing resolution is hereby approved this d-.l N J day October , 1993. 19 20 21 ---:fir:: ~2j.~;;~~ City of San Bernardino 22 Approved as to form 23 and legal content: 24 25 26 JAMES F. PENMAN City Attorney By: /l../W~,j)f~~~ ) 27 ~~ 28 2 93-399 I . WITNESSETH: WHEREAS, the parties hereto entered into that certain Agreement dated June I, 1990, a first amendment, dated October 23, 1991, and a second amendment, dated March 8, 1993, relating to bus shelters at certain bus stop locations throughout the City, and marked (A). All such shelters shall be completely constructed within three (3) months of the date that this Agreement is executed. 93-399 1 2 3 4 5 6 7 8 2. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 //1/1 .. b. The City grants to Contractor, on the terms hereinafter described, a license to construct, erect, install, repair, maintain and insure an additional thirteen (13) designated bus stop shelters at locations described in Exhibit C. All shelters shall be completely constructed within three months of the date this Amendmen' '0 Agreement is executed. Section 2 of said agreement is hereby amended to read as follows: "2. Fees. a. Contractor shall pay City seventy-five dollars per shelter, per month or sixteen percent (16 % ) of the gross advertising revenue received by Contractor, whichever is greater, for the rental of advertising space for the nineteen shelters, outlined in Exhibit A. b. Contractor shall pay, under the terms of the bankruptcy reorganization, the pre-petition amount owed to City of $14,250, due for the period of April, 1991 tllrough January, 1992. This amount is to be paid- over a two-year period as specified in the Contractor's Plan of Reorganization, as confirmed by the Federal Bankruptcy Court. The post-petition amount owed to City as of March 1, 1993 is $18,525, due for period of February 1, 1992 through February 28, 1993. The post-petition amount will continue to accrue each month by $1,425 until the Plan of Reorganization is confirmed by 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 IIIII 19 IIIII 20 21 IIIII 22 IIIII 93-399 the Court. All payments thereafter to be made on a quarterly basis. c. Contractor shall pay City 16% of the gross advertising revenue received for rental of advertising space for the thirteen (13) shelters described in Exhibit C. 3. Section 3 of said agreement is hereby amended to read as follows: "3. Term. The term of this Agreement is five (5) years. At the conclusion of this Agreement, the parties may renew or renegotiate the terms and conditions. If the Agreement is not renewed, Contractor shall remove all shelters as provided in Paragraph 5(d). 4. Exhibit B is hereby deleted. 5. Except as provided herein, all other terms and conditions of the original agreement and first amendment remain unchanged and in full force and effect. 23 IIIII 24 IIIII 25 IIIII 26 IIIII 27 28 11111 3 93-399 1 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement on 2 the day and date first above shown. 3 4 5 6 7 ATTEST: CITY OF SAN BERNARDINO 8 9 BY: CITY CLERK TOM MINOR, Mayor 10 11 Approved as to form 12 and legal content: 13 14 15 16 17 18 JAMES F. PENMAN, City Attorney BY~/~ 19 20 21 22 23 24 25 26 27 28 CONTRACTORS: METRO DISPLAY ADVERTISING, INC. d.b.a. BUSTOP SHELTERS OF CALIFORNIA, INC. BY: BY: 4 - Res. 91-437 EXHIBIT A -~~:~'D. - ;.\Q ~~jii. " ~ ~ '-'" . 93-399 BUSTOP SHELTERS OF CALIFORNIA, LOCATION LIST BY CITY prepared 10/17/90 INC. ".'" ,_;:;:.1 . i CITY/UNITt CITY OF: ~ Location Mapkey county SBOO 798 NB 'E' * FS 7th 16 02 SBOO SBOO 801 NB IE' FS Ent Orange pavilln 16 05 SBOO SBOO 799 NB 'E' FS orange Show Road 16 06 SBOO SBOO 940 SB 'EI * NS 30th 7 04 SBOO SBOO 939 SB IE' FS Marshall 7 04 SBOO SBOO 783 EB 2nd FS IG' 16 03 SBOO SBOO 811 EB 40th FS Sepulveda 7 E2 SBOO SBOO 812 WB 40th FS Waterman 7 F2 SBOO SBOO 780 WB Baseline FS Mt. Vernon 16 C1 SBOO SBOO 781 SB Del Rosa FS Date 8 B4 SBOO SBOO 810 WB Highland FS Del Rosa 8 B5 SBOO SBOO 941 WB Highland FS Muscupiabe 7 B5 SBOO SBOO 832N WB Mill FS Lena 17 A4 SBOO SBOO 779 NB Mt. Vernon NS Mill 16 C4 SBOO SBOO 782 SB Sepulveda FS Sierra Way 7 E1 SBOO SBOO 831N SB Tippecanoe FS Mill 17 B4 SBOO SBOO 785 NB Waterman FS 9th 16 F2 SBOO SBOO 800 NB Waterman FS Baseline 16 F1 SBOO SBOO 784 NB Waterman FS Olive 16 F1 SBOO TOTAL SHELTERS FOR CITY OF SBOO = 11 Total Shelters 19 *Far Side *Near Side . 93-399 BUS TOP SHELTER LOCATIONS 1. Westbound - 5th Street at Mount Vernon 2. Eastbound - 9th Street at Waterman 3. Westbound - Baseline at Mt. View 4. Eastbound - Baseline at Sierra Way 5. Northbound - Mt. Vernon between College and Grant 6. Westbound - Grant, east of Mt. Vernon 7. Westbound - 4th Street at Palm Lane 8. Southbound - Palm Lane at 4th Street 9. Eastbound - Baseline at "G" Street 10. Eastbound - Baseline at Waterman 11. Eastbound - at 402 21st Street 12. Eastbound - at 780 East 21st Street 13. Eastbound - Rialto at Macy Exhibit C