Reso 2000-258 - Laserfiche WebLink

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, , AGREEMENT THIS AGREEMENT (the "Agreement") is made and entered into as of the ~day of~ ,2000 by and between the CITY OF SUNNY ISLES BEACH. a Florida municipal corporatio~") and ELLER MEDIA, a Florida corporation ("COMPANY") WITNESSETH: WHEREAS, on June 16, 1997, the CITY incorporated and became a separate municipality within Miami-Dade County, and acquired all interest in the existing contract between the COMPANY and Miami-Dade County (flkla Dade County) pursuant to that certain agreement OTA-8-R of August, 1981 (the "MDT A AGREEMENT") pertaining to lands located within the jurisdictional limits of the CITY; and WHEREAS, the CITY is willing to enter into this Agreement with the COMPANY under the terms and conditions stated herein, and NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and other good and valuable consideration, the receipt of which are hereby acknowledged, the parties hereto agree as follows: 1. Right to Place Shelters. The CITY shall permit the COMPANY to use the public rights-of-way over which it maintains control for the placement by the COMPANY of bus shelters upon the terms and conditions hereinafter stated. The CITY shall use its best efforts to cooperate with the COMPANY in connection with the COMPANY's erection, installation, maintenance and repair of said bus shelters, including, but not limited to, the issuance of any and all permits, authorizations, or other approvals of governmental agencies or utilities that may be required for same. COMPANY shall be responsible for pulling all required State permits. The CITY shall also work with the COMPANY, and interface with the necessary public utilities. to expedite the issuance of any and all electrical hookups required for the operation of bus shelters, however the shelters shall remain non-illuminated unless authorized by the City Manager. 2. Erection. Installation. Maintenance and Ownership of Shelters. The COMPANY shall erect, or has erected, and maintained bus shelters at no less than four (4) sites with advertising to be located along the public right-of-way within the CITY limits. The COMPANY shall restrict advertising of Adult Entertainment, Massage Parlors, Adult Book Stores, Adult Theaters, Adult Escort Services, Pornographic, obscene or objectionable material. The determination of objectionable material shall be at the sole discretion of the CITY and shall be removed upon written request of the CITY. Any and all shelters are, and shall remain, the sole and exclusive property of the COMPANY. 3. Compliance With State and Local Laws. The COMPANY shall erect, install, light, clean, maintain, repair or replace such bus shelters in compliance with all applicable CITY laws, at no cost to the CITY. The COMPANY shall maintain all shelters weekly and damage to the shelter shall be repaired within forty-eight (48) hours of the time said damage is reported to the COMPANY. COMPANY shall also use good faith efforts to maintain grass areas that may exist around such shelters. 4. License Fees. COMPANY shall pay the CITY $525.00 per year, per operable shelter with advertising, effective as of the effective date of the Agreement, until the expiration of the term of the Agreement: