HomeMy WebLinkAboutCC Resolution 13266 (Advertising Transit Shelter)RESOLUTION NO. 13266
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
APPROVING AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE AN AMENDMENT TO THE ADVERTISING TRANSIT SHELTER
AGREEMENT WITH SUCCESSOR IN INTEREST CBS OUTDOOR, INC.
WHEREAS, the parties entered into an Advertising Transit Shelter Agreement, dated
September 7, 1993 ("Agreement"), under which CONTRACTOR had the obligation to install
transit shelters in the CITY's right-of-way, on which CONTRACTOR could place advertising in
exchange for compensation paid to the CITY; and
WHEREAS, CBS Outdoor, Inc., the CONTRACTOR, is the successor in interest to
Outdoor Systems, Inc., which was successor in interest to the original contractor, Combined
Communications Corp. dba Gannett Outdoor Co. of Northern California; and
WHEREAS, following expiration of the Agreement on September 6, 2008, the parties
have continued to operate under the terms of the Agreement, but now desire to approve an
Amendment extending and revising certain other terms of the Agreement; and
WHEREAS, the parties wish to amend Paragraph II (Duration of Contract) of the
original Agreement to extend the term for an initial period of 5 years, November 21, 2011
through November 20, 2016 and, by written agreement of both parties, for another 5 year period
on the same terms, subject to the written approval of the Public Works Director; and
WHEREAS, the parties wish to amend Paragraph V (Payment) of the original
Agreement to raise the amount paid to the CITY by the CONTRACTOR from the original
$90.00 per shelter per month to $150.00 per shelter per month or 18% of gross advertising
revenue, whichever is greater; and
WHEREAS, the parties wish to amend Paragraph XII (Notice) of the original Agreement
to revise the recipients of notices as follows:
CITY: Public Works Director
City of San Rafael
P.O. Box 151560
San Rafael, CA 94915-1560
CONTRACTOR: CBS Outdoor Inc.
450 Lexington Ave.
New York, NY 10174
WHEREAS, the parties wish to amend the Agreement to delete Paragraph XIII
(Arbitration) and to renumber Paragraph XIV (?Modification of Agreement) as Paragraph XIII.;
and
WHEREAS, all other terms and conditions of the Agreement shall remain unchanged
and in full force and effect for the teen of this Agreement, as amended; and
WHEREAS, this Amendment to Advertising Transit Shelter Agreement is found to be
exempt from the California Environmental Quality Act ("CEQA") pursuant to the State CEQA
Guidelines, since it can be seen with certainty that there is no possibility that this Amendment or
its implementation would have a significant effect on the environment (14 Cal. Code of
Regulations Section 15061(b)(3)).
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of San
Rafael, that it approves and authorizes the Director of Public Works to execute the Amendment
to the Advertising Transit Shelter Agreement, a copy of which is hereby attached and by this
reference made a part hereof.
I, ESTHER C. BEIRNE, 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 21" day of November, 2011 by the following vote,
to wit:
AYES: COUNCILMEMBERS
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Brockbank, Connolly, Heller, Levine & Mayor Boro
None
None
ESTHER C. BEIRNE, City Clerk