HomeMy WebLinkAbout5/11/2005 - STAFF REPORTS (7) CITY COUNCIL May 11, 2005
NEW BUSINESS
SUBJECT: HIGHWAY 111 BEAUTIFICATION AGREEMENT WITH
LAMAR CENTRAL ADVERTISING FOR THE RELOCATION
OF 10 OUTDOOR ADVERTISING DISPLAYS FROM
HIGHWAY 111 TO INTERSTATE 10
FROM: Troy L. Butzlaff, Assistant City Manager
BY: City Manager's Office
SUMMARY:
The City has been negotiating with Fairway Outdoor, now doing business as
Lamar Central Advertising, over the past several months to relocate a number of
existing outdoor advertising displays along Highway 111 to help beautify and
enhance the overall visual aesthetics of this important vehicular corridor. The City
and Lamar have reached an agreement whereby Lamar has agreed to relocate
ten (10) outdoor advertising displays from Highway 111 from the westerly city
limits to the area known as Windy Point. These outdoor displays will be relocated
`i to Interstate 10 between Highway 62 and Indian Avenue over a two (2) year
I eriod.
RECOMMENDATION:
1) Adopt Minute Order No. approving an agreement with Lamar Central
Advertising LLC to relocate ten (10) lawfully nonconforming outdoor advertising
displays geographically located along Highway 111 between the city limits and the
area generally known as Windy Point to designated areas along Interstate 10
within the City; 2) authorize the City Manager to execute all documents to
effectuate this agreement.
STAFF ANALYSIS:
In August 2004, the City was contacted by representatives of Fairway Outdoor at
the request of Supervisor Ashley's Office regarding an agreement that they had
reached with the County of Riverside that granted Fairway rights to relocate four
(4) outdoor advertising displays along Highway 111 from the western city limits to
Windy Point near Interstate 10. Additionally, Fairway informed staff that Century
Vintage Homes had independently requested the relocation of an outdoor
advertising display located on a parcel that they were looking at purchasing as part
of a new residential subdivision. Although the parcel is actually located in the
County, it is immediately adjacent to Palm Springs. Fairway indicated that they
Item No. 5 . A .
would be willing to relocate this display along with the other four displays under the
agreement with the County to an area west of Windy Point near Interstate 10.
During the meeting with Fairway, staff inquired whether they would be willing to
relocate four (4) additional outdoor advertising displays along Highway 111 to
Interstate 10 to help beautify, enhance the visual aesthetics and otherwise
improve the westerly gateway to the City. Subsequent to that meeting, Fairway's
representatives informed staff that they would be receptive to such a proposal.
In October 2004, staff presented Fairway's proposal to the City Council. The City
Council was receptive to the idea and directed staff to continue negotiations with
Fairway.
Although California law prohibits public agencies from removing outdoor
advertising displays without providing just compensation to the display owner, the
California legislature specifically has empowered public agencies to enter into
relocation agreements on whatever terms are agreeable to the display owner and
the public agency. The City Attorney's Office has been working for several months
now and has finally reached an agreement with Lamar Central Advertising,
formerly Fairway Outdoor, to relocate all outdoor displays along Highway 111 from
Windy Point to the westerly city limits. A copy of this agreement is attached.
Under the proposed Highway 111 Beautification Agreement, Lamar will relocate
ten (10) outdoor advertising displays that are currently located along Highway 111
from the westerly city limits to the area known as Windy Point to areas along
Interstate 10 between Highway 62 and Indian Avenue. For your information, an
aerial map showing the location of the ten (10) outdoor advertising displays to be
removed and the proposed relocation corridor has been attached. Lamar has
agreed to complete the relocations within two (2) years following execution of the
proposed agreement.
Lamar has indicated that they are currently looking at two primary areas for
relocation. The first area is south of Interstate 10 and east of Indian Avenue. The
second area is north of the Interstate and west of McLane Street adjacent to the
industrial park where SeaWest is located. Each relocated display must be
negotiated with the property owner and will still require a building permit and, in
some instances, a change of zone in order to bring the parcel into substantial
compliance with the compliance with the California Department of Transportation's
outdoor advertising regulations. According to Lamar, the relocated displays will be
consistent in size with the existing displays located along Interstate 10. For your
information a photo depicting the size of the existing displays along Highway 111
and the proposed displays along Interstate 10 has been attached.
When this item was discussed in October 2004, the City Council had expressed
concern over how the proposed relocation would affect current advertisers on the
existing displays along Highway 111. Of the ten (10) displays to be relocated, two
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(2) of them are self promotion and public service announcements. The remaining
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eight (8) displays have ads from businesses based in Palm Springs. Lamar has
advised staff that the proposed relocation will not impact these advertisers
because they participate in a "rotary program" that moves their ad around the
Coachella Valley every couple of months. In addition, Lamar has contacted each
of these advertisers to discuss the proposed relocation program. Most of these
advertisers have indicated a preference to be located along Interstate 10. For
those advertisers wishing to remain on Highway 111, Lamar will utilize their
remaining displays near the junction of Highway 111 and Interstate 10 to
accommodate those advertisers.
The City's existing General Plan has a stated policy (Section 5.15.3) of prohibiting
outdoor displays within the City except in conjunction with transit facilities.
Although the proposed agreement will allow Lamar to place the relocated displays
along Interstate 10 within the City limits, staff believes that this agreement will
serve the public's interest in that it will enhance the visual aesthetics along
Highway 111 which serves as the westerly gateway to the City.
FISCAL IMPACT:
There is no known fiscal impact to the City. Lamar is responsible for all costs
associated with the relocation of the existing displays.
r
Troy L. B a , Assistant City Manager David H. Ready, City er
Attachments:
1. Minute Order
2. Highway 111 Beautification Agreement
3. Aerial Location Map
4. Photo of Existing Display Sign
5. Photo of Proposed Display Sign
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HIGHWAY 111 BEAUTIFICATION AGREEMENT
This Highway 111 Beautification Agreement ("Agreement") is entered into as of May
2005, 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. Lamar is the owner of Ten (10) lawfully nonconforming outdoor advertising
display locations geographically located within the County of Riverside located along
Highway 111 within the City and between the city limits of the City and a location
generally referred to as Windy Point as more particularly set forth on Exhibit "A" attached
hereto and incorporated herein by this reference ("Existing Signs").
B. It is the desire of the City to remove these Existing Signs from this scenic
corridor in order to beautify, enhance the visual aesthetics and otherwise improve the
westerly entry statement of this gateway into the City.
C. California Business & Professions Code § 5412 ("California Law") provides
that governmental entities may not compel the removal of outdoor advertising displays
without just compensation to the display owners thereof.
D. California Law sets forth that it is the policy of this State to encourage local
entities and display owners to enter into relocation agreements which allow local entities
to continue development in a planned manner without the expenditure of public funds
while allowing the continued maintenance of private investment and a medium of public
communication.
E. The California legislature specifically empowered local entities to enter into
relocation agreements on whatever terms are agreeable to the display owner and the
local entity.
F. The City and Lamar desire to enter into this Agreement pursuant to the
foregoing provisions to affect relocation of the Existing Signs in a mutually agreeable
manner as provided and allowed pursuant to California law referenced above.
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 hereby agree as follows:
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TERMS y
1.0 INCORPORATION OF RECITALS
The above stated recitals are expressly made part of this Agreement.
2.0 AGREEMENT TERMS
2.1 Obligations of the Parties
2.1.1 Relocation
Lamar shall immediately commence the relocation of its ten (10)
Existing Signs, as set forth in Exhibit "A", to ten (10) locations along the
Interstate 10 corridor as it passes through the City's limits. Lamar shall
complete these relocations within two (2) years after execution of this
Agreement by all parties ("Relocation Period").
2.1.2 Construction of Relocated Outdoor Advertising Displays
The relocated outdoor advertising displays may be, at the discretion of
Lamar, double faced illuminated monopole outdoor advertising displays with a
display face dimension of up to fourteen feet by forty eight feet (14' x 48'), and
located in compliance with all applicable federal and state laws regulating
outdoor advertising.
2.1.3 Conditions for Relocation
2.1.3(a) Change of Zoning
Prior to the issuance of building permits by City for the
relocations set forth herein, Lamar shall use its best efforts to work with
property owners of the parcels upon which Lamar's outdoor advertising
displays are proposed to be relocated, to file a request for a change of
zone, if applicable, with City for the purpose of bringing these parcels
into substantial compliance with the California Department of
Transportation's outdoor advertising regulations ("State Regulations")
subject to the following:
2.1.3(b) Cooperation by City
The City Manager shall in good faith and consistent with
authority conferred upon him by the City Council advise and/or direct
City Staff to recommend to the Planning Commission and/or City
Council that owners of the parcels upon which Lamar's outdoor
advertising displays are to be relocated should be allowed to re-zone
these parcels in substantial compliance with State Regulations.
2.1.3(c) Acknowledgment by Lamar
Lamar hereby acknowledges, understands, and agrees that this
Agreement does not bind the discretionary determination of either the
Planning Commission and/or the City Council with respect to re-zoning,
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and further, that if said re-zoning is not approved by City on one or
more parcels and Lamar is not be able to relocate its Existing Sign or
Signs to such parcel or parcels which are not otherwise in compliance
with State Regulations as set forth herein, Lamar will not be able to
relocate its Existing Sign or Signs.
2.1.3(d) Remaining Existing Signs
If, at the expiration of the Relocation Period, Lamar is unable to
relocate one or more of its Existing Signs, through no fault of Lamar,
Lamar shall be allowed to keep such remaining Existing Sign or Signs
until relocation is made possible pursuant to the terms of this
Agreement or any extension thereof.
3.1 Mutual Waivers
3.1.1 Waiver of City Claims
Execution of this Agreement shall constitute a waiver pursuant to
California Civil Code Section 1542 which effectively waives any claims City
may raise now or in the future, whether known or unknown, against Lamar, or
any of its political subdivisions, officers, employees, volunteers, attorneys, etc.
regarding the relocation of Lamar's Existing Signs as set forth herein.
3.2.2 Waiver of Claims
,- Execution of this Agreement shall constitute a waiver pursuant to
California Civil Code Section 1542 which effectively waives any claims Lamar
may raise now or in the future, whether known or unknown, against the City, or
any of its political subdivisions, officers, employees, volunteers, attorneys, etc.
regarding payment of just compensation by City for the compelled removal of
Lamar's Existing Signs as set forth herein.
4.0 RELEASE OF CLAIMS
4.1 Mutual and General Release Between City and Lamar
This Agreement shall constitute a mutual and general release of each and
every claim, demand, damage, liability, cost, attorney's fees, obligation, expenditure,
lien, right of arbitration, right of action and cause of action of every kind and nature
whatsoever, whether joint or several, now known or unknown, suspected or
unsuspected which City and Lamar have, or at any time prior to the date of this
Agreement may have against each other and any of their respective agents, partners,
joint ventures, servants, employees, attorneys, successors, heirs, executors,
administrators, assigns, transferees and predecessors-in-interest, concerning the
subject matter of this Agreement.
4.2 Waiver of California Civil Code Section 1542
With respect to the matters set forth in this Agreement, all Parties
acknowledge that they understand the meaning of California Civil Code Section 1542
which provides as follows:
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A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH
THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN
HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Parties expressly waive and relinquish any rights or benefits which
they now have or may in the future have under Section 1542 of the California Civil
Code. In connection with such waiver and relinquishment, the Parties acknowledge
that they are aware that their attorneys or agents may hereafter discover claims or
facts in addition to or different than those which the Parties now know or believe to
exist with respect to such matters, but it is their intention to hereby fully, finally and
forever settle and release all matters, disputes and differences, known or unknown,
suspected or unsuspected, which may exist or heretofore have existed between each
of the Parties and each of their respective agents, partners, joint ventures, servants,
employees, attorneys, both past and present, successors, heirs, executors,
administrators, assigns, transferees, and predecessors-in-interest, and each of them,
arising out of the Action. In furtherance of such intention, the release herein given
shall be and remain in effect as a full and complete release not withstanding the
discovery or existence of any such additional or different claims or facts. This waiver
shall apply to all releases set forth in this Agreement.
5.0 GENERAL PROVISIONS
5.1 Entire Agreement
5.1.1 The terms of this Agreement are intended by the Parties as a final
expression of their Agreement, and constitute and contain the entire
Agreement and understanding as between the Parties with respect to such
terms as are included herein, and may not be contradicted by evidence of any
prior agreement or contemporaneous oral agreement. In addition, this
Agreement supersedes and replaces all prior settlement negotiations,
proposed settlement agreement or agreements, written or oral, as it relates to
this matter and upon execution of this Agreement, City and Lamar owe no
further duties and have no further obligations of any nature to each other
except as set forth and required by this Agreement.
5.1.2 The Parties further intend that this Agreement constitutes a
complete and exclusive statement of its terms and that no extrinsic evidence
whatsoever may be introduced in any judicial or other proceeding, if any,
involving this Agreement. City and Lamar acknowledge that neither has made
any promise, representation or warranty whatsoever, expressed or implied,
written or oral, not contained herein concerning the subject matter hereof, to
induce the execution of this instrument. City and Lamar acknowledge that
they have not executed this instrument in reliance on any promise or
representation or warranty not contained herein.
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' 5.2 Modifications
Neither this Agreement, nor any term or provision thereof, may be waived,
modified, or amended except by written agreement signed by all Parties.
5.3 Attorneys' Fees
If any action at law or in equity is necessary to enforce or interpret the terms of
this Agreement, each party shall be responsible for their respective costs, including
attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees
or related costs.
6.4 Applicable Law
This Agreement shall, in all respects, be interpreted, enforced and governed by
and under the laws of the State of California.
5.5 Jointly Drafted
It is agreed between the Parties that this Agreement was jointly negotiated and
jointly drafted by the Parties and their respective attorneys, and that it shall not be
interpreted or construed in favor or against any Party on the ground that said Party
drafted the Agreement. It is also agreed and represented by all Parties that this
Agreement was the result of extended negotiations between the Parties and counsel
for the Parties hereto, and that said Parties were of equal or relatively equal
bargaining power. In no way whatsoever shall it be deemed that this Agreement is a
contract of adhesion, unreasonable or unconscionable. The language of this
Agreement shall be construed as a whole according to its fair and logical meaning and
not strictly for or against any of the Parties.
5.6 Independent Legal Counsel
Party acknowledges that it has retained independent legal counsel of its own
choice throughout all of the negotiations which preceded the execution of this
Agreement, and that each Party has executed this Agreement with the consent and on
the advice of such independent legal counsel.
5.7 Assignment of Claims
All Parties warrant and represent to the other that no claims they might have, or
do have, and which are otherwise referenced and released by this Agreement have
been assigned to any other person or entity.
5.8 Severability
If any part of this Agreement is said to be unlawful or not effective, the
remainder of this Agreement shall remain in full force and effect.
6.9 Titles
The-headings of the sections of this Agreement are included for purposes of
convenience only and shall not affect the construction or interpretation of any of its
provisions.
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5.10 Gender p
Whenever in this Agreement the context so requires the masculine or feminine
or neuter gender and the singular and plural number shall each be deemed to refer
and include the other.
5.11 Additional Documents
To the extent that it is necessary or appropriate to prepare and execute any
additional documents in order to effectuate this Agreement, the Parties agree to do so
in a timely manner.
6.12 Counterparts
This Agreement may be executed in one or more identical counterparts, each
of which shall be deemed an original hereof.
5.13 Binding On Successors
This Agreement shall be binding on and inure to the benefit of the Parties
hereto and their respective heirs, legal representatives, successors and assigns.
5.14 Authority
Any Party signing this Agreement on behalf of an entity or other than
themselves, hereby represents and warrants that such Party has authority to sign on
behalf of the indicated entity.
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 set forth herein.
LAMAR CENTRAL OUTDOOR, LLC, A DELAWARE LIMITED LIABILITY COMPANY
�y-, Lamar' Media Carp, s sole tnen+er
By:
_�kw— Date: Mky y I �f10
As Its: oe- Presideh+
By:
Date: A �l
As It . S cretary
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MINUTE ORDER NO. 7671
APPROVING AGREEMENT NO. A5097 WITH
LAMAR CENTRAL ADVERTISING TO
RELOCATE TEN (10) LAWFULLY
NONCONFORMING OUTDOOR ADVER-
TISING DISPLAYS LOCATED ALONG
HIGHWAY 111, BETWEEN THE CITY LIMITS
AND THE AREA GENERALLY KNOWN AS
WINDY POINT, TO DESIGNATED AREAS
ALONG INTERSTATE 10 A05097
I, James Thompson, City Clerk of the City of Palm Springs, California, hereby
certify that this Minute Order approving Agreement No. A5097 with Lamar
Central Advertising to relocate ten (10) lawfully nonconforming outdoor
advertising displays located along Highway 111, between the city limits and the
area generally known as Windy Point, to designated areas along Interstate 10,
was adopted by the City Council of the City of Palm Springs, California, in a
meeting thereof held on the 11th day of May, 2005,
James Thompson, City Clerk