HomeMy WebLinkAboutResolutions 89-108 N.C.S. 04/24/1989
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1~esOllltl®rl N®. 89-108 N.C.S.
of the City of Petaluma, California
AGREEMENT TO LEASE BILLBOARD FROM
MR. DAVID FORD AT
4445 REDWOOD HIGHWAY SOUTH
WHEREAS, the billboard located at 4445 Redwood Highway
South has become available for lease and
WHEREAS, the City Council desires to promote the City
of Petaluma, Community Organizations and Special Events
through the use of Transient Occupancy Tax Revenues.
NOW THEREFORE BE IT RESOLVED, that the City Council
authorizes the City Manager to execute a 1 year lease
agreement, Exhibit A, with Mr. David Ford, for the lease of
billboard at 4445 Redwood Highway South for $3,000 per. month
to be paid from the Transient Occupancy Tax Fund..
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was i~uc~d adopted by the A rov d as to
ourn f
Council of the City of Petaluma at a (Regular) ~2~) meeting --
on the .24th ............... day of ...-.........-~~rll..................................-, 19.$9-., by the
following vote:
C~ Attorney
AYES: Cavanagh, Tencer, Sobel, Woolsey, Balshaw, Vice Mayor Davis, Mayor Hills
NOES: 0
ABSENT: 0 - __-,
ATTEST: ..--- ~~ ... --• ...............:............ ....... .. ..~-.. . - .._.. ..: ... _..... .. -..-. -,
City Clerk Mayor
Gbuncil FilOe._ .............-....°---°---......
CA 10-85 Res. No. ... O ~.-~. Q.o......... N.C.S.
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THIS AGREEMENT is mad:e.,by and-between the CITY OF PETALUMA
(hereinafter called "CI'TY") and David L. Ford•of Petaluma (hereinafter
called "'OWNER")
WHEREAS OWNER installs and maintains highway display o,f
advert'i.si:ng, and
`WHERE'°AS CITY wshea for Owner to provide a highway display
advertising CITY on a structure•l.ocated approx~i-mately 1/2 mile
south o`f° the Petaluma City Limits and approximately l00 feet
east of Highway 1.01 facing tfi e northbound. lane of said Highway
• 1'01 which structure is hereinafter referred to as "BILL-BOARD".
NOW, THEREFORE I'T iS MUTUALLY AGREED AS FOLLOWS:
1. The City of Pefaluma hereby agrees to rent said billboard
. for the period of one. (1) year - May. 1, 1989. - April 30, 1990 ,
for the sum of $3000.00 per month: Owner hereby represents
to the City the right of first refusal to renew said contract
Y for an additional period of one year at a 5$ increase in annual
rental. fee. ~ '
2. Said Billboard shall be electronically illuminated
and said Billboard shal'1 be illuminated from one-half hour
after sunset until midnight. All illuminated panels shall
b;e.properly equipped wi `h a sufficient number of reflectors
• and lamps of adequate s,ize~.to permit illumination of each panel
to the extent necessary t.o effect an even,b'rilliant illumination
in keeping with the standards of the outdoor advertising industry ._
If said Billboard should fo'r any reason be .without .illumination
temporarily, a credit shall be rendered prorata for such loss
of ~ser•vice. For purposes of establishing the basis upon which
to render such credit, it, is agreed that. the charge for illumination
shall be considered as equivalent to 25$ of the entire monthly
,charge for such Billboard.
3. The billboaad panels will be prepared in accordance
with the comprehensive layouts to be provided to•OWNER or his
r'epresentative.by~CITY. T.he cost o'f initial painting and additional
pantirig~s sh-all be borne by the City.
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4. This agreement m'a'y, be cancelled ;at any time at the
options of CTTY by~ giving not lesa than sixty (6Q) days prior
writ e'n notice to OWNER. OWNER sha1T have .the right to terminate
this agreement upon- sixty'(6.0) days wriaten notice.. In the
- event CITY shall fail .to make- any payments required by thi
agreement, OWNER sfiall also have the right to terminate this
agreement upon t"e n. (1"0) days written notice to C=ITY of~CITY'S
failure to pay. During said ten (10 ),, day :period CITY shall
have, the abs:olu.te right to cure said default by paying any
rent that may then be~due and owing.
5. OWNER shal construct all dispaays in accordance with.
the customary manner of_ the outdoor adwerti~sng industry.
OWNER will regularly inspect the display, replace damaged and
worn out parts, re-.erec•t f`allen_displays, straighten twisted
or leaning displays, conform to z"oning ordin°ances and regulations,
comply with right-of-way-regulations, remove natural obstructions
of approach to the Billboard, pay all ~leas.e .rental and property
taxes, secure and pay ;for building permits, annual business
license and display permits, and perform.all those services
neces dry to provide effective'highway advertising during the
term of this agreement.
6. In the. event of; any governmental action, whether Federal,
State, or local,. prohibits or restricts-the subject matter
or the continuance-of any displays. hereunder,--OWNER
shall have the right to cancel the Bala"nce o:f the term of this
agreement as of the: effective date of such restriction or prohibition
with respect to such display without penalty.
7. OWNER agrees to save CITY harmless from any and all
claims or .demands on account of bodily injury or physical property
damage caused by or resulting from the B:alboard or any dspla-y
thereon,,including the maintenance o,f, said Billboard any display
thereon. OWNER further agrees t'o carry, at its own cost. and
experis'e, adequate public liability insurance covering all such
contngence so long as this agreement shall be in effect.
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8. OWNER shall, a"t his own. expense, provide the costs
of ail utilities required to illuminate the billboard.
IN WITNESS WHEREOF the parties fiereto have executed this
agreement as of th'e day and year fit"st hereinabove written.
CITY OF PETALUMA
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By:.;~-' 'l %~ '_ % , ~~ ,~ :ter: ~l.GiwL=
~ ance recto/Auditor John S aver, City Manager
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Date: ~~L~/I
By:
DAVID L . FORD= .55 }-33-0964
4554 Redwood Highway S.
Pet luma CA 94952
Date : ~f ZS
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ATTEST:
ity C erk
By: ..a.--L-
R' kManage '