2007-047
RESOLUTION NO. 2007-47
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, APPROVING THAT
CERTAIN "FIRST AMENDMENT TO AGREEMENT
CONCERNING COMMERCIAL ADVERTISING SIGN"
BETWEEN THE CITY OF AVENTURA AND CLEAR
CHANNEL OUTDOOR, INC., PROVIDING AN
AMENDMENT TO CERTAIN ADVERTISING
RESTRICTIONS CONCERNING BILLBOARD BACK;
PROVIDING FOR IMPLEMENTATION; PROVIDING FOR
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of A ventura, Florida, finds that the
approval of the attached "First Amendment to Agreement Concerning Commercial Advertising
Sign" (the "Amendment to Agreement"), revising the restrictions concerning certain advertising
on the Billboard back, is in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals. That the above stated recital is hereby confirmed and adopted.
Section 2. Amendment to Ae:reement Auuroved. That the attached Amendment
to Agreement, in substantially the form attached hereto, is hereby approved, and the City
Manager is authorized to execute the Amendment to Agreement on behalf of the City, once
approved as to form and legal sufficiency by the City Attorney.
Section 3. Imulementation. That the City Manager is authorized to take any
action which is necessary in order to implement the purposes of this Resolution and the
Amendment to Agreement.
Section 4. Effective Date. That this Resolution shall become effective immediately
upon adoption hereof.
The foregoing Resolution was offered by Commissioner Weinberg, who moved its
adoption. The motion was seconded by Commissioner Joel, and upon being put to a vote, the vote
was as follows:
Commissioner Zev Auerbach
Commissioner Ten Holzberg
Commissioner Billy Joel
Commissioner Michael Stem
Commissioner Luz Urbaez Weinberg
Vice Mayor Bob Diamond
Mayor Susan Gottlieb
yes
absent
yes
yes
yes
no
yes
Resolution No. 2007- '11
Page 2
PASSED AND ADOPTED this 6th day of November, 2007.
Attest:
Approved as to Form and Legal Sufficiency:
U~~
City Attorney
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FIRST AMENDMENT TO AGREEMENT CONCERNING COMMERCIAL
ADVERTISING SIGN
THIS AMENDMENT TO AGREEMENT (the "Amendment to Agreement")
is entered into this 6th day of November, 2007 by and between the City of Aventura, a
Florida municipal corporation (the "City") and Clear Channel Outdoor, Inc., a Florida
corporation ("Clear Channel").
WIT N E SSE T H:
WHEREAS, pursuant to that certain Agreement Concerning Commercial
Advertising Sign ( the " Agreement" ) of April 10, 2007, the City and Clear Channel
have entered into an Agreement concerning revenue payable to the City from advertising
displays on the Billboard Back of that certain billboard which is situated at the southwest
comer of the intersection of Biscayne Boulevard (U.S. 1) and Ives Diary Road in the
City; and
WHEREAS, the parties desire to revise the advertising restrictions which are set
forth in Section II (D) of the Agreement, as provided in this Amendment to Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS
HEREOF, THE PARTIES HERETO DO COVENANT AND AGREE AS
FOLLOWS:
I. Recitals Adopted.
A. The above stated recitals are adopted and confirmed.
B. All defined terms from the Agreement shall have the meaning provided
therein when used herein, unless otherwise specified .
II. Amendment to Agreement.
A. That Section II (D) of the Agreement is hereby amended by deleting
paragraph (D) of Section II, and in its place creating a new paragraph (D) of Section II, to
read, as follows:
D. Clear Channel specifically agrees that the Billboard
Back shall not be utilized for commercial advertisements
which include or refer to alcoholic beverages, tobacco
products, pari-mutuel gaming, casino or slot machine
gambling, adult entertainment uses, or any use which is
reasonably objectionable to City in light of City's interest
in the health, safety and welfare of its residents. However,
Clear Channel may be granted permission to utilize the
Billboard Back for commercial advertisements which
include or refer to pari-mutuel gaming, casino or slot
machine gambling if it is determined by the City Manager
that Clear Channel has provided evidence that Clear
Channel was unable to obtain other non objectionable
advertisements. Such approval by the City Manager shall
be in hislher sole discretion. Prior to displaying or
installing any commercial advertising copy which may
contravene the restrictions stated herein above, Clear
Channel shall first provide a copy or proof of such
proposed advertisement to the City Manager for his review
in accordance with the provisions of Section III( e) of this
Agreement. Clear Channel shall not display any
advertising copy which is timely objected to by the City
Manager.
B. Except as specifically provided herein the Agreement of April 10, 2007,
shall remain in full force and effect.
C. Nothing in this Amendment to Agreement shall be construed to affect or
impair those certain other previous agreements of the parties, including the September 3,
2002 Agreement Concerning Commercial Advertising Signs, and the February 14,2003
Covenant, each of which is on file in the Office of the City Clerk.
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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:
ATTEST:
By:
By:
City Manager
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
City Attorney
CLEAR CHANNEL OUTDOOR,
INC.
ATTEST:
By:
(Seal)
Name:
Secretary
Title:
WITNESSED:
(Print Name)
(Print Name)
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