Resolution No. 2022-37 Approving Fourth Amendment to Clear Channel Outdoors Agreement - May 12, 2022 CITY OF AVENTURA RESOLUTION NO. 2022-37
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING THE FOURTH AMENDMENT TO
AGREEMENTS (THE "AGREEMENT") CONCERNING COMMERCIAL
ADVERTISING SIGNS BETWEEN THE CITY OF AVENTURA AND
CLEAR CHANNEL OUTDOORS, INC.; AUTHORIZING THE CITY
MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY
TO IMPLEMENT THE AGREEMENT; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Commission finds that approval of the attached Fourth
Amendment to Agreements Concerning Commercial Advertising Signs (the "Fourth
Amendment") between the City of Aventura, Florida (the "City") and Clear Channel
Outdoors, Inc. ("Clear Channel") is in the best interest of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recital. That the foregoing "WHEREAS" clause is ratified and
confirmed as being true and correct and is made a specific part of this Resolution.
Section 2. Fourth Amendment Approved. That the Fourth Amendment
between the City and the Clear Channel, in substantially the form attached hereto and
incorporated herein as Exhibit "A," is hereby approved.
Section 3. Implementation. That the City Manager is hereby authorized to
execute the Fourth Amendment, and to take any action which is necessary to implement
this Resolution and the Fourth Amendment.
Section 4. Effective Date. That this Resolution shall take effect immediately
upon adoption and shall be applied retroactively to coincide with the effective date of the
Fourth Amendment.
The foregoing Resolution was offered by Commissioner Shelley, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote,
the vote was as follows:
Commissioner Rachel S. Friedland Yes
Commissioner Billy Joel Yes
Commissioner Dr. Linda Marks Yes
Commissioner Marc Narotsky Yes
Commissioner Robert Shelley Yes
Vice Mayor Denise Landman Yes
Mayor Enid Weisman Yes
City of Aventura Resolution No. 2022-37
PASSED AND ADOPTED this 12th day of May, 2022.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVA , MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
r � . " ! �
CITY ATTORNEY
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FOURTH AMENDMENT TO AGREEMENTS
CONCERNING COMMERCIAL ADVERTISING SIGNS
THIS FOURTH AMENDMENT TO AGREEMENTS (the 'Fourth Amendment") is entered into
this 12`h day of May, 2022 by and between the City of Aventura, a Florida municipal corporation (the
"City") and Clear Channel Outdoor, LLC, a Delaware limited liability company and successor in
interest to Clear Channel Outdoor, Inc.,a Delaware corporation ("Clear Channel").
WITNESSETH:
WHEREAS,Clear Channel owns billboards located at the southwest corner of Biscayne Boulevard
and Ives Dairy Road in the City of Aventura(the 'Billboards"), and the Billboards have a total of four(4)
faces, as depicted in the schematic drawing attached hereto as Exhibit "A," which is attached hereto and
incorporated herein by reference,and all references to 'Face"numbers are used herein as defined therein;
and
WHEREAS, on September 3, 2002, the City and Clear Channel entered into an Agreement
Concerning Commercial Advertising Signs to provide for Clear Channel to provide for an agreed upon
height for the existing Billboards, to prohibit any advertising on Face 3 and Face 4 of the Billboards,
and to provide for the removal of two (2) existing billboards on Biscayne Boulevard (the "2002
Agreement")
WHEREAS, on September 6, 2005, the City and Clear Channel entered into an Agreement
Concerning Commercial Advertising Sign- Charter School Revenue, to allow for advertising and provide
for sharing of revenue generated from advertisements placed on Face 4 of the Billboards (the "2005
Agreement"); and
WHEREAS, on April 10, 2007, the City and Clear Channel entered into an Amendment
to Agreement for Commercial Advertising Sign to provide for additional revenue payments to the City
in consideration of permitting additional advertising on Face 3 of the Billboards (the "April 2007
Amendment"); and
WHEREAS, the 2002 Agreement, the 2005 Agreement, and the 2007 Amendment are collectively
referred to as the "Agreements," and serve both a municipal and public purpose, and are in the best
interest of the City; and
WHEREAS, on November 6, 2007,the City and Clear Channel entered into First Amendment
toAgreements Concerning Commercial Advertising Signs,to amend the Agreements in order to provide
additional conditions related to advertising placed on the Billboards (the 'First Amendment"); and
WHEREAS,on October 7,2014,the City Commission passed Resolution 2014-53, extending the
date of the variance approval granted under the 2007 Agreement to January 6,2020; and
WHEREAS, on May 14, 2020, the City Commission passed Resolution 2020-31, extending
the date of the variance approval granted under the 2007 Agreement until January 6,2030;and
WHEREAS, on May 14, 2020, the City Commission passed Resolution 2020-32, which
grantedapproval of a variance for the installation of digital billboard faces ("Digital Displays") on the
Causeway Billboard, as defined herein; and
WHEREAS, on May 14, 2020, the City passed Resolution 2020-33 approving the Second
Amendment to Agreements Concerning Commercial Advertising Signs between the City and Clear
Channel; and
WHEREAS,on March 1,2021,the City and Clear Channel entered into the Second Amendment
to the Agreements Concerning Commercial Advertising Signs(the "Second Amendment"); and
WHEREAS,on January 4t1i,2022,the City and Clear Channel entered into a Third Amendment to
the Agreement Concerning Commercial Advertising Signs(the"Third Amendment"); and
WHEREAS,consistent with the intent and provisions of Section 70.20,Florida Statues,the City
and Clear Channel desire to enter into this Fourth Amendment (i) to provide for the construction of
Site 91 Single Face Digital on the Southern End of Brightline Platform and Site 92 Single Face Digital
on the Northern End of Brightline Platform and placement of Digital Displays with changeable copy
panels on Site 91 And Site 92 the two billboard faces of such Brightline Platform, and (ii) to provide
for increased revenue payments to the City in consideration of permitting additional advertising on
the Brightline Platform.
NOW, THEREFORE, in consideration of the promises, mutual covenants, provisions, and
undertakings hereinafter contained, and for other good and valuable considerations, the receipt and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. That the recitals set forth above are true and correct and are incorporated herein by
reference.
2. The City and Clear Channel agree that Clear Channel may install Single Digital
Display faces with changeable copy panels on the two single billboard faces of Site 41
and Site 92 of the Brightline Platform The Digital Display faces with changeable copy
panels will change content no more frequently than once every eight (8) seconds, and
the content displayed on the Digital Displays shall not include any animated content,
and the illumination shall be dimmed at night to minimize any light pollution from
the Digital Displays. In addition, upon the City's written request, Clear Channel shall
display emergency messages and event announcements on the Digital Display faces in
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accordance with the conditions provided in the Second Amendment. In consideration of
permitting Clear Channel to install the Single Digital Display faces on Site 91 and Site
92 with changeable copy panels on the two single faces of the Billboard, Clear Channel
shall pay the City the sum of Thirty-Five Thousand and 00/100 Dollars ($35,000.00),
annually during the term of this Agreement, foreach Digital Display, for a total of
Seventy Thousand and 00/100 Dollars ($70,000.00)per year.
3. The City and Clear Channel agree that Clear Channel shall construct and operate the
billboard faces on Site 91 and Site 92 of the Brightline Platform in conformance with the following
requirements:
a. Clear Channel shall construct a decorative sign support structure to
support Site 91 & Site 92 subject to the approval of the City Manager;
b. Clear Channel shall be permitted to install Single Digital Display faces
with changeable copy panels on the two faces of Site 91 and Site 92.
In conjunction with the installation of the Digital Display faces with
changeable copy panels, Clear Channel shall provide the City Manager
with an illumination chart, photometric report, and proof of brightness
report for the Digital Display faces prior to installation.
C. Clear Channel shall install an ambient light sensor and secondary
backupmethod to ensure illumination levels do not exceed more than
0.3 foot candles above changing light levels throughout the day,
measured on the nominal face size of 14 ft. x 48 ft. and the distance
of two hundred fifty (250) feet from the source.
d. The Digital Displays will change content no more frequently than once
every eight(8) seconds, and the content displayed on the Digital Displays
shall not include any animated content, and the illumination shall be
dimmed at night to minimize any light pollution to adjacent residential
neighborhoods from the Digital Displays;
4. The term 'Billboards," as contained in the Third shall be amended to include Site 91 and
Site 92. Clear Channel agrees that it shall operate and utilize the Digital Displays on Site 91 and Site
92 in a manner consistent with the requirements as contained in the Second and Third Amendment.
5. Upon the City's written request at least seven(7) days in advance, Clear Channel shall
display with no charge for advertising space,on one slot out of eight, City event announcements on a space
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available basis on(a)one of the Digital Displays on either face of Site#1 and Site 92("City Messages").
The display of City Messages is subject to the conditions and parameters as provided in Section7 of the
Second Amendment.
6. Clear Channel agrees that it shall not erect, construct, or install any new commercial
advertising signs, including billboards, within the City's municipal boundaries without the City's prior
written consent.
7. That except as amended herein,the City and Clear Channel ratify,approve and reaffirm
the terms of the Agreements, as amended by the First Amendment, the Second Amendment, the Third
Amendment and this Fourth Amendment, which shall remain in full force and effect.
8. In the event of any conflict or ambiguity by and between the terms and provisions of the
Agreements, the First Amendment, the Second Amendment, the Third Amendment, and this Fourth
Amendment the terms and provisions of this Fourth Amendment shall control to the extent of any such
conflict or ambiguity.
(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written, in several counterparts, each of which shall be deemed an original, but all constituting
only one agreement.
CITY OF AVENTURA,
a Florida municipal corporation
Attest:
By:
Ellisa L. Horvath, MMC, City Clerk Ronald J. son, City Manager
(seal) _ Dated: 12a'day of May, 2022.
�P
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY FOR THE USE AND
RELIANCE BY THE CITY OF AVENTURA
ONLY:
By: I4,�LA�
City Attorney
Weiss Serota Helfman
Cole & Bierman, P.L.
CLEAR CHANNEL OUTDOOR, LLC.
a Delaware limited liability company
ATTEST:
By: By:
Print Name: Print Name:
Title: Title:
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EXHIBIT "A"
LOCATION MAP AND DEPICTION OF BILLBOARD LOCATED AT
BISCAYNE BLVD WS .22M S/O NE 203 ST FN
BISCAYNE BLVD WS .43M S/O NE 203 ST FS
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Clear Channel Outdoor
Exhibit
A
RELOCATION OF BILLBOARD
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RELQCATIQN QF BILLSQARD 2A & 2B EAST STATIQN TRACK
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Site #2
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SITE #1 BISCAYNE BLVD WS .22M S/O NE 203 ST FN
SITE #2 BISCAYNE BLVD WS .43M S/O NE 203 ST FS
Exhibit B
3 faces to be removed
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