HomeMy WebLinkAboutCC Resolution 15063 (Advertising Transit Shelter Agreement)RESOLUTION NO. 15063
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE
ADVERTISING TRANSIT SHELTER AGREEMENT WITH OUTFRONT MEDIA LLC
EXTENDING THE TERM BY FIVE YEARS
WHEREAS, the City of San Rafael and Combined Communications Corp. dba
Gannett Outdoor Co. (“Gannett”) entered into an Advertising Transit Shelter Agreement,
dated September 7, 1993 (“Agreement”), under which Gannett assumed the obligation
to install and maintain transit shelters in the City’s right-of-way, on which Gannett could
place advertising in exchange for compensation paid to the City; and
WHEREAS, after a series of corporate changes, Outfront Media LLC (“Outfront”),
is the current successor-in-interest to the rights and obligations of Gannett under the ;
and
WHEREAS, on May 7, 2012, the City and Outfront agreed to an Amendment of
the Agreement to amend Paragraph II (Duration of the Contract) to provide for an
extension of the term of the Agreement for an additional period of 5 years through May
6, 2017, with an option for renewal for another 5 years, under the terms of the original
1993 Agreement, except for a revision to Paragraph V (Payment) to provide for the
payment of $126 per shelter per month (adjusted annually by CPI change) or 25% of
gross advertising revenues, whichever was greater; and
WHEREAS, on May 7, 2017, the parties agreed to a Second Amendment of the
Agreement to remove the $126 per shelter per month minimum payment, requiring only
that Outfront Media pay the City 25% of gross advertising revenues, and amend
Paragraph II (Duration of Contract) to extend the term for an additional period of 5
years, May 7, 2017 through May 6, 2022 and, by written agreement of both parties, for
another 5 year period on the same terms; and
WHEREAS, the OUTFRONT has performed regular and satisfactory
maintenance and upkeep to transit shelters located within the City Right of Way,
providing enhanced service for San Rafael transit riders; and
WHEREAS, the parties wish to amend the Agreement will be extended for a five-
year period commencing May 7, 2022 through May 6, 2027 and may be extended for
another five-year period on the same terms by the written agreement of the parties,
subject to the written approval of the City Manager.
WHEREAS, all other terms and conditions of the Agreement shall remain
unchanged and in full force and effect for the term of this Agreement, as amended.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL resolves
that it approves and authorizes the City Manager to execute the Amendment to the
Advertising Transit Shelter Agreement, subject to approval as to form by the City
Attorney.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the
foregoing Resolution was duly and regularly introduced and adopted at a regular
meeting of the City Council of said City held on Monday, the 2nd day of May 2022 by the
following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Hill, Kertz, Llorens Gulati & Mayor Kate
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
LINDSAY LARA, City Clerk