HomeMy WebLinkAbout12- City Administrator CITY OF SAN BERN. RDINO - REQUEST F R COUNCIL ACTION
From: Peggy Ducey, Assistant to the Subject:Resolution regarding the third
amendment to Agreement with Metro
City Administrator Display Advertising, dba Bustop
Dept: Administration Shelters
Date: October 7 , 1993
Synopsis of Previous Council action:
June 1 , 1990 - Mayor and Common Council approved agreement with Metro
Display Advertising, dba Bustop Shelters to construct
nineteen shelters .
October 23 , 1991 - First amendment approved to construct an additional
13 shelters and 15 bus benches.
March 8 , 1993 - Second amendment approved Reorganization Plan and
repayment schedule .
Recommended motion:
Adopt resolution.
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Sig Vur e
Contact person: Peggy Duce
Phone: 5122
Supporting data attached: yes
Ward: all
FUNDING REQUIREMENTS: Amount:
Source: Acct. No.
Acct. Description)
Finance:
Council Notes:
Agenda Item No.
CITY OF SAN BERW gDINO - REQUEST F 'R COUNCIL ACTION
STAFF REPORT
On April 16, 1990, the Mayor and Common Council approved Resolution
90-134 between the City of San Bernardino and Bustop Shelters, Inc.
to provide bus shelters and non-advertised bus benches at various
locations throughout the City. In October, 1991, a first amendment
was approved allowing for thirteen ovalt shelters
bus benches. Soon after this app Busto p Shelters
voluntary reorganization under Chapter 11 of the Federal Bankruptcy
Code. Once the reorganization was filed, no action was taken to
install the thirteen shelters.
Bustop changed management and developed a Plan of Reorganization
that was approved by the Mayor and Common Council in March, 1993
and allowed for the timely repayment of all past revenues due to
the City.
It is expected that the court will approve the
reorganization plan in November, 1993.
When Council approved the Reorganization Plan, they requested that
staff negotiate with Bustop Shelters to install the previously
approved bus shelters as soon as possible. Bustop Sheltirs is now
able to install the thirteen shelters and will pay
the gross advertising revenue that is generated from the rental of
advertising space on the shelters. Revenue will be paid on a
quarterly basis to the City.
RECOMMENDATION
Adopt resolution.
75-0264
V
1 RESOLUTION
2 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 MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
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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
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if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
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resolution.
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15 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
16 Common Council of the City of San Bernardino at a meeting thereof, held on the
17 day of 1993, by the following vote, to wit:
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gµ1
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
3 AS BUSTOP SHELTERS OF CALIFORNIA, INC.
4 COUNCIL MEMBERS AYES NAYS ABSTAIN ABSENT
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NEGRETE
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7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
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MILLER
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15 City Clerk
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The foregoing resolution is hereby approved this day
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18 of , 1993.
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20 TOM MINOR, Mayor
21 City of San Bernardino
22 Approved as to form
23 and legal content:
24 JAMES F. PENMAN
25 City Attorney
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By:
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1 THIRD AMENDMENT TO AGREEMENT
2 THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this
3 day of , 1993, by and between the CITY OF SAN BERNARDINO, a
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municipal corporation, 300 North "D" Street, San Bernardino, California 92418 and Metro
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6 Display Advertising, Inc., herein doing business as BUSTOP SHELTERS OF CALIFORNIA,
7 INC., a California corporation, 2692 Dow Avenue, Tustin, CA 92680 (herein referred to as
8 "Contractor").
9 WITNESSETH:
10 WHEREAS, the parties hereto entered into that certain Agreement dated June 1, 19909
11 a first amendment, dated October 23, 1991, and a second amendment, dated March 8, 1993,
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relating to bus shelters at certain bus stop locations throughout the City, and
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14 WHEREAS, the parties desire now to amend said Agreement to provide an additional
15 thirteen shelters at various locations.
16 NOW, THEREFORE, the parties hereto agree as follows:
17 1. Section 1 of said Agreement is hereby amended to read as follows:
18 "1. Right to Construct
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a. City hereby grants to Contractor, on the terms
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21 hereinafter described, a license to construct, erect, install, repair,
22 maintain and insure shelters at nineteen (19) designated bus stop
23 locations on City property, as outlined in the attached Exhibit
24 marked (A).
25 All such shelters shall be completely constructed within
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three (3) months of the date that this Agreement is executed.
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I b. The City grants to Contractor, on the terms
2 hereinafter described, a license to construct, erect, install, repair,
3 maintain and insure an additional thirteen (13) designated bus stop
4 shelters at locations described in Exhibit C. All shelters shall be
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completely constructed within three months of the date this
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7 Amendment to Agreement is executed.
8 2. Section 2 of said agreement is hereby amended to read as follows:
9 112. Fees.
10 a. Contractor shall pay City seventy-five dollars per
11 shelter, per month or sixteen percent (16%) of the gross
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advertising revenue received by Contractor, whichever is greater,
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for the rental of advertising space for the nineteen shelters,
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15 outlined in Exhibit A.
16 b. Contractor shall pay, under the terms of the
17 bankruptcy reorganization, the pre-petition amount owed to City
18 of $14,250, due for the period of April, 1991 through January,
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1992. This amount is to be paid over a two-year period as
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21 specified in the Contractor's Plan of Reorganization, as confirmed
22 by the Federal Bankruptcy Court.
23 The post-petition amount owed to City as of March 1, 1993
24 is $18,525, due for period of February 1, 1992 through February
25 28, 1993. The post-petition amount will continue to accrue each
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month by $1,425 until the Plan of Reorganization is confirmed by
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I the Court. All payments thereafter to be made on a quarterly
2 basis.
3 C. Contractor shall pay City 16% of the gross
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advertising revenue received for rental of advertising space for the
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thirteen (13) shelters described in Exhibit C.
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7 3. Section 3 of said agreement is hereby amended to read as follows:
8 113. Term.
9 The term of this Agreement is five (5) years. At the
10 conclusion of this Agreement, the parties may renew or renegotiate
11 the terms and conditions. If the Agreement is not renewed,
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13 Contractor shall remove all shelters as provided in Paragraph 5(d).
14 4. Exhibit B is hereby deleted.
15 5. Except as provided herein, all other terms and conditions of the
16 original agreement and first amendment remain unchanged and in
17 full force and effect.
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1 IN WITNESS WHEREOF, the parties have executed this Amendment to Agreement on
2 the day and date first above shown.
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ATTEST: CITY OF SAN BERNARDINO
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g BY:
CITY CLERK TOM MINOR, Mayor
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11 Approved as to form
12 and legal content:
13 JAMES F. PENMAN,
14 City Attorney
15 BY:
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19 CONTRACTORS:
METRO DISPLAY ADVERTISING, INC.
20 d.b.a. BUSTOP SHELTERS OF
21 CALIFORNIA, INC.
22 BY:
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BY:
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10"%
Res. 91-437 EXHIBIT A
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 Cl 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
Exhibit C
BUSTOP 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