Loading...
HomeMy WebLinkAbout5/27/2009 - STAFF REPORTS - 2.G. ;Q,F A`M Sp? � fy41 N y w* c r9!IFpOR14 CITY COUNCIL STAFF REPORT DATE: May 27, 2009 SUBJECT: Second Amendment 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: Douglas Holland, City Attorney SUMMARY The City approved an agreement with Lamar Central Outdoor in May of 2005 authorizing the removal and relocation of ten (10) outdoor displays along Highway 111 to designated sites along Interstate 10. In May of 2007, the City and Lamar entered into an amendment to the agreement that authorized the removal and relocation of four (4) additional outdoor displays currently located along Highway 111 to Interstate 10 between Indian Avenue and Gene Autry Trial. This Second Amendment would provide Lamar an additional two years to complete the removal and relocation of the 4 additional displays covered by the First Amendment. RECOMMENDATION: 1. Approve Second Amendment 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. 6394581 Item No. 2 • V • City Council Staff Report May 27, 2009 Amendment No. 2 to Highway 111 Beautification Agreement In May of 2007, the City and Lamar entered into an amendment to the original agreement for the removal and relocation of 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. The removal and relocation or these four (4) outdoor displays would essentially clear Highway 111, from Snowcreek Canyon Road to the westerly City limits, of outdoor displays. Staff found that the removal of these four (4) displays would be consistent with the intent of the original agreement with Lamar in that it furthers the goal of beautifying, enhancing the visual aesthetics and otherwise improving the westerly entry statement of the City. Lamar planned to relocate the four (4) additional outdoor advertising displays within two (2) years. In addition, as a condition of the amendment, Lamar 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- Lamar was not able to affect these relocations within the original two-year period and has requested a two-year extension to perform. With the exception of the extension of two years, all terms of the agreement and the first amendment will remain in full force and effect Staff concurs with this recommendation. FISCAL IMPACT: There is no known fiscal impact to the City- DouglO Holland, City Attorney David H. Ready, City M 639458.1 - 0 SECOND AMENDMENT TO HIGHWAY 111 BEAUTIFICATION AGREEMENT This Second Amendment to Highway 111 Beautification Agreement ("Second Amendment") is entered into as of May 27, 2009, by and between Lamar Central Outdoor, LLC, a Delaware 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. In or about May of 2007, the Parties entered into a First Amendment to the Agreement ("First Amendment") and Lamar agreed to remove an additional four (4) outdoor advertising structures ("Existing Signs") from Highway 111 extending from Windy Point to Snow Creek Road and to 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. Lamar and the City desire to extend the First Amendment for two years thereby providing Lamar an additional two years to relocate the Existing Signs- D. The City and Lamar desire to enter into this Second 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. Section 2.1 A of the First Amendment is amended to read: 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 by June 1, 2011 ("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. 639458.1 3 2. Except as otherwise provided in this Second Amendment, the provisions of the Agreement and the First Amendment shall remain in full force and effect. 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 LAMAR CENTRAL OUTDOOR a municipal corporation DISPLAYS, LLC By: By: City Manager Name: Title: ATTEST. City Clerk APPROVED AS TO FORM: City Attorney 639459 1 Z'