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Home My WebLink About5/2/2007 - STAFF REPORTS - 2.Q. OF 4ALM IPA V N za City Council Staff Report • C94/Fp RN�P^ DATE: May 2, 2007 Consent Calendar SUBJECT: Amendment No. 1 to Agreement Number A5097 with Lamar Central Outdoor, LLC, for the relocation of four (4) additional outdoor advertising displays from Highway 111 to Interstate 10. FROM: David H. Ready, City Manager BY: Assistant City Manager—Administrative Services SUMMARY The City has previously approved an agreement with Lamar Central Outdoor authorizing the removal and relocation of ten (10) existing outdoor displays along Highway 111 to designated sites along Interstate 10. This amendment would authorize the removal and relocation of four (4) additional outdoor displays currently located along Highway 111 to Interstate 10 between Indian Avenue and Gene Autry Trail. RECOMMENDATION: 1, Adopt Minute Order No. approving Amendment No. 1 to Agreement Number A5097 with Lamar Central Outdoor, LLC for the relocation of four (4) additional outdoor advertising displays from Highway 111 to Interstate 10, 2. Authorize the City Manager to execute all necessary documents. STAFF ANALYSIS: On May 11, 2005, the City Council approved an agreement with Lamar Central Outdoor, LLC, doing business as Lamar of Palm Springs, to relocate ten (10) outdoor advertising displays along Highway 111 from the western city limits and the area generally known as Windy Point to designated sites along Interstate 10 between Indian Avenue and Highway 62. Recently, representatives from Lamar approached City staff, indicating that they would be willing to remove and relocate four (4) additional outdoor displays along Highway 111 near the Snow Creek area to designated sites along Interstate 10 just west of Gene Autry Trail. For your information, an aerial map showing the location of the four (4) outdoor advertising displays to be removed and the proposed relocation ITEM NO. City Council Staff Report May 2, 2007 -- Page 2 Amendment No. 1 to Highway 111 Beautification Agreement sites has been attached. The removal and relocation of these four (4) outdoor displays will essentially clear Highway 111, from Snowcreek Canyon Road to the westerly City limits, of outdoor displays. Staff finds that the removal of these four (4) displays is consistent with the original intent of the agreement with Lamar in that it will further the goal of beautifying, enhancing the visual aesthetics and otherwise improving the westerly entry statement of the City. Lamar plans to relocate the four (4) additional outdoor advertising displays within two (2) years. In addition, as a condition of the amendment, Lamar has agreed not to apply for outdoor advertising permits along Highway 111 within the City, or the unincorporated area of the County, between Interstate 10 and San Raphael Road for a period of not less than twenty five (25) years. FISCAL IMPACT: There is no known fiscal impact to the City. Ry L. Butzla A stant City Manager David H. Ready, City ana Attachments: 1. Minute Order 2. Amendment No. 1 3. Aerial Map iL1(�1B?� MINUTE ORDER NO. APPROVING AMENDMENT NO. 1 TO AGREEMENT NUMBER A5097 WITH LAMAR CENTRAL OUTDOOR, LLC FOR THE RELOCATION OF FOUR (4) ADDITIONAL OUTDOOR ADVERTISING DISPLAYS FROM HIGHWAY 111 TO INTERSTATE 10. --------------- I HEREBY CERTIFY that this Minute Order, approving Amendment No. 1 to Agreement Number A5097 with Lamar Central Outdoor, LLC for the relocation of four (4) additional outdoor advertising displays from Highway 111 to Interstate 10.1, was adopted by the City Council of the City of Palm Springs, California, in a meeting thereof held on the 2nd day of May, 2007. JAMES THOMPSON City Clerk FIRST AMENDMENT TO HIGHWAY 111 BEAUTIFICATION AGREEMENT This First Amendment to Highway 111 Beautification Agreement ("First Amendment") is entered into as of May _, 2007, by and between Lamar Central Outdoor, LLC, a Deleware Limited Liability Company, doing business as Lamar of Palm Springs ("Lamar") and the City of Palm Springs, a California charter city ("City'), (hereinafter collectively "Parties"), as follows: RECITALS A. In or about May of 2005, the Parties entered into that certain "Highway 111 Beautification Agreement" ("Agreement") which allowed Lamar to remove ten (10) outdoor advertising structures from Highway 111 between Windy Point and the City limits and relocate them to areas along Interstate 10 within the City subject to certain provisions as contained therein- B. Lamar desires to remove an additional four (4) outdoor advertising structures ("Existing Signs") from Highway 111 extending from Windy point to Snow Creek Road relocate them to areas along Interstate 10, thus furthering the goals to "beautify, enhance the visual aesthetics and otherwise improve the westerly entry statement of this gateway to the City" as stated in the Agreement. C. The City and Lamar desire to enter into this First Amendment subject to the terms and conditions of the Agreement as set forth below. NOW THEREFORE, in consideration of the mutual promises set forth herein, and for good and valuable consideration the sufficiency and receipt of which is hereby acknowledged, the Parties do agree as follows: 1.0 INCORPORATION OF RECITALS The above stated recitals are expressly made part of this amendment. 2.0 AMENDMENT TERMS 2.1 Obligations of the Parties 2.1.1 Relocation Lamar shall immediately commence the relocation of its four (4) Existing Signs as set forth in Exhibit "A" attached hereto from Highway 111 to locations along the Interstate 10 corridor as it passes through the City's limits. Lamar shall complete these relocations within two years after execution of this Amendment by all Parties (`Relocation Period"). If Lamar is unable to complete these relocations within this time frame, it shall be subject to the provisions paragraph 2.3.3(d) of the Agreement. 2.1.2 No New Permits Lamar agrees that it will not apply for outdoor advertising permits along Highway 111 within the legal jurisdictions of the City or the County of Riverside between Interstate 10 and San Raphael Road for a period of not less than twenty (25) years. 2.1.3 Incorporation of Agreement But for this Amendment, all terms and conditions of the Agreement shall prevail expressly including, but not limited to, Paragraphs 3.1 and 4.0 as it relates to waivers of claims and release of claims. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective on the day and year first above written. The undersigned hereby warrant that they are legally authorized and entitled to make the promises, covenants, and representations herein. CITY OF PALM SPRINGS, a municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: LAMAR CENTRAL OUTDOOR DISPLAYS, LLC City Attorney Name: Title: tB O .. 1-.;,;L::: �lc r �h'�.:1�i a:��rP� r,?�,."i"• �yY_ - °_: _ _ - - - rr' - �Q-R GFi r.TM r�rt�h r��•'.�- �y�;y ifK .�..� ,'.' �"��r.',ir��` °.�•:r .�:' - . V - 3"��{"v�irSY@ "'K.�`tid,(,L'n,Y. ' :.,�q 7T(hr '.'1.'IL-I!"a'- n .'• _- - - �M' - . �"'� -:-•�Y.��Wjf:r ��r�. •�ti:.�i.MrrM�-�t:r�,".,R_ -��._•., a i- - ..:.�. ^�.._al-+•-' � O ^'at..�f{t��)7�� A,1/W�':^u�'.R°{:.i'rf;t:•f{r _ r r.;�,;�_:-: _ _ ..:J'.r::"J'/• ' -1 IL.rr� "�'A��.{:"i� dbyW VMY Faf Z. ",:. ^i@r:Y.''F "r��'i i,�.. ^sy'lt `,.�'1 ,. . _ .,� r••� .'gip� _ �° �r''r}:'. .r/":•R Ae.:Y" - �• y�,J_�` '" . r �.�.tiih•'r"`F'..-�: r - - VI .'Fr:.kr11C•7i@LMF".'f"•L. i] r� -^ �ri.."wdr. l�'."„_.,J= . ��_r,.•Ca.'y✓` r+�� r .. `esl - e • '� - -�y,F, LU (••I# r ;��r•,t 'f fir. :'� `�b.. •�- .n}. ;r -y_rr_ " �' r,..r. ;, r '},r , 141, :. . may ".vt,a^ '. 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