HomeMy WebLinkAbout1991-437
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RESOLUTION NO. 91-437
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE
CITY OF SAN BERNARDINO AND METRO DISPLAY ADVERTISING, INC., DOING
BUSINESS AS BUSTOP SHELTERS OF CALIFORNIA, INC. RELATING TO THE
PROVISION OF AN ADDITIONAL 13 SHELTERS IN LOCATIONS THROUGHOUT THE
CITY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor is hereby authorized and directed to
execute on behalf of said city a first amendment to the Agreement
by and between the City of San Bernardino and Metro Display
Advertising, Inc. doing business as Bustop Shelters of California,
Inc., a California corporation, 18023 Sky Park Circle, H2, Irvine,
CA 92714 relating to the provision of 13 additional shelters in
various locations throughout the City.
SECTION 2.
The authorization to execute the above
referenced amendment is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereon, held on the 21st
day
, 1991, by the following vote, to wit:
of
October
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RESOLUT!ON OF -THE CITY OF SAN BERNARDINO EXECUTING ~N AMENDMENT
TO THE AGREEMENT WITH METRO DISPLAY ADVERTISING, INC. (BUSTOP
SHELTERS OF CALIFORNIA) RELATING TO THE PROVISION OF AN
ADDITIONAL 13 SHELTERS.
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Councilmembers AYES NAYS ABSTAIN ABSENT
ESTRADA x
REILLY X
HERNANDEZ X
MAUDSLEY X
MINOR X
POPE-LUDLAM X
MILLER X
(:;>~~~-V
CI CLERK c1
The foregoing resolution is hereby approved this
23rd
day
of October
, 1991.
~
W. H
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY~/
-2-
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Res. 91-437
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FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT made and entered into this
lRTh day of "nup~h"T , 1991, by and between the CITY OF
SAN BERNARDINO, a municipal corporation, 300 North "D" Street, San
Bernardino, California 92418 (herein doing business as BUSTOP
SHELTERS OF CALIFORNIA, INC., a California corporation, 18023 Sky
Park Circle, H2, Irvine, California 92714 (herein referred to as
"Contractor").
WITNESSETH:
WHEREAS, the parties hereto entered into that certain
Agreement dated June 1, 1990, relating to bus shelters at certain
bus stops locations throughout the City, and
WHEREAS, the parties desire now to amend said Agreement to
allow for additional locations and,
NOW, THEREFORE, the parties hereto agree as follows:
1. section 1 of said Agreement is hereby amended to read as
follows:
"I. Riqht to Construct
City hereby grants to Contractor, on the
terms hereinafter described, a license to
construct, erect, install, repair, maintain
and insure shelters at nineteen (19)
designated bus stop locations on City
property, attached as Exhibit "A".
All such shelters shall be completely
constructed within three (3) months of the
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date this Agreement is executed.
ci ty further 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 on City property,
attached as Exhibit "B".
All such additional shelters shall be
completely constructed with three (3) months of the
date this Amendment to Agreement is executed."
"2. Fees.
Contractor shall pay city seventy-five dollars
per shelter per month or sixteen percent (16%) of
the gross advertising received by Contractor for
the rental of advertising space for each shelter,
whichever is greater.
Subsection b of Section 2 is hereby amended to read as
"b. For every nineteen (19) shelters constructed
under this Agreement, Contractor shall construct,
repair, maintain, and insure, at its sole expense,
two shelters that contain no advertising and twenty
(20) non-advertised benches. The consideration set
forth in Paragraph 2 (a) shall not be paid for non-
advertised shelters. City shall be responsible for
determining the sites for the bus benches.
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In addition to the foregoing and without
additional compensation, Contractor will provide an
additional fifteen (15) non-advertised bus benches
at any locations determined by the City.
Section 3 of said agreement is hereby amended to read as
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follows:
3.
"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).
Except as amended herein said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this
Amendment to Agreement on the day and date first above shown.
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AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO AND
METRO DISPLAY ADVERTISING, INC. (BUSTOP SHELTERS OF
CALIFORNIA)
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2 ATTEST:
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:./'I)'LU~ /'r~'<A--"T
Clh' CLERK
BY
CONTRACTORS:
METRO DISPLAY ADVERTISING, INC.
d.b.a. BUSTOP SHELTERS OF
CALIFORNIA, INC.
BY:
BY:
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Res. 91-437
EXHIBIT A
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"....,-.
BUSTOP SHELTERS OF CALIFORNIA, INC.
LOCATION LIST BY CITY
prepared 10/17/90
CITY/UNIT' Location Mapkey county
CITY OF: SBDO
SBDO 798 NB 'E' * FS 7th 16 D2 SBDO
SBDO 801 NB 'E' FS Ent Orange pavilln 16 D5 SBDO
SBDO 799 NB 'E' FS Orange Show Road 16 D6 SBDO
SBDO 940 SB 'E' * NS 30th 7 D4 SBDO
SBDO 939 SB 'E' FS Marshall 7 D4 SBDO
SBDO 783 EB 2nd FS 'G' 16 D3 SBDO
SBDO 811 EB 40th FS Sepulveda 7 E2 SBDO
SBDO 812 WB 40th FS Waterman 7 F2 SBDO
SBDO 780 WB Baseline FS Mt. Vernon 16 C1 SBDO
SBDO 781 SB Del Rosa FS Date 8 B4 SBDO
SBDO 810 WB Highland FS Del Rosa 8 B5 SBDO
SBDO 941 WB Highland FS Muscupiabe 7 B5 SBDO
SBDO 832N WB Mill FS Lena 17 A4 SBDO
SBDO 779 NB Mt. Vernon NS Mill 16 C4 SBDO
SBDO 782 SB Sepulveda FS Sierra Way 7 E1 SBDO
SBDO 831N SB Tippecanoe FS Mill 17 B4 SBDO
SBDO 785 NB Waterman FS 9th 16 F2 SBDO
SBDO 800 NB Waterman FS Baseline 16 F1 SBDO
SBDO 784 NB Waterman FS Olive 16 F1 SBDO
TOTAL SHELTERS FOR CITY OF SBDO = 19
Total Shelters 19
*Far Side
*Near Side
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Res. 91-437
EXHIBIT B
PROPOSED SITES FOR CITY OF SAN BERNARDINO
1. WESTBOUND 5th Street AT Mt. Vernon
2. EASTBOUND 9th Street AT Waterman
3. EASTBOUND 21st Street AT 402 21st Street
4. EASTBOUND 21st Street AT 780 E. 21st Street
5. EASTBOUND Baseline AT G Street
6. WESTBOUND Baseline AT Mt. View
7. EASTBOUND Baseline AT Sierra
8. EASTBOUND Baseline AT Waterman
9. WESTBOUND Rialto AT Ent. M.H.P.
10. EASTBOUND Rialto AT Macy
11. WESTBOUND 5th Street AT Belle
12. EASTBOUND Baseline AT 1718 Baseline Street
13 . WESTBOUND 9th Street AT Sierra