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1 <br />BILLBOARD OPERATING AGREEMENT <br />This Billboard Operating Agreement (“AGREEMENT”) is dated ____________________, 202__ <br />between the City of Santa Ana, a charter city and municipal corporation (“CITY”) and <br />________________, a ______________________ (“OPERATOR”), collectively referred to as <br />“the Parties”. This AGREEMENT shall become effective on the date that OPERATOR is issued <br />a Permit by CITY (the “Effective Date”) for the installation of a new digital billboard or <br />conversion/reconstruction of an existing static billboard to a digital billboard at the following <br />subject property location: __________________________________, Santa Ana, California <br />__________, referred to as the “Subject Property”. <br />1. Public Benefit. <br />A. Intent. The purpose of this AGREEMENT is to collect fees for the operation of <br />freeway-oriented digital billboards and to provide fees for mitigation options to be used by <br />CITY to compensate for impacts to CITY services, residents, and/or businesses as set forth <br />in Santa Ana Municipal Code section 41-1100 et seq. The Parties agree that this <br />AGREEMENT confers substantial private benefits on OPERATOR which should be <br />balanced by commensurate public benefits. As part of the city’s billboard sign permit <br />process, OPERATOR agrees to enter into this AGREEMENT. OPERATOR has elected to <br />execute this AGREEMENT as it provides OPERATOR with important economic benefits. <br />Accordingly, the Parties intend to provide consideration to the public to balance the private <br />benefits conferred on OPERATOR by providing mitigation measures to the public and to pay <br />for economic and community-oriented services using the operating agreement fees <br />collected. <br />B. Local Hiring and Sourcing. In the construction, operation, and maintenance of its <br />billboard, OPERATOR agrees to use its reasonable efforts to retain the services of qualified <br />contractors and suppliers who are located in the City of Santa Ana or who employ a <br />significant number of City of Santa Ana residents. <br />C. Existing Billboard Removal Plan or Economic and Community Benefits Plan. <br />OPERATOR agrees to submit a Billboard Removal Plan (BRP) to remove existing static <br />(non-digital) billboards within the City of Santa Ana for review and approval by CITY as part <br />of its application for a new or converted/reconstructed digital billboard. The BRP must <br />specify the minimum components listed below and must be attached to this AGREEMENT <br />as Exhibit A. OPERATOR shall adequately document that it has met the BRP’s obligations <br />and commitments as a condition of renewal/extension of this AGREEMENT upon expiration <br />of the initial term and any extensions. <br />i. BRP Minimum components: <br />(1) Location of existing billboards to be removed, including a street address, <br />geo-coordinates, and accompanying map. <br />(2) Size of existing billboards to be removed, including dimensions of the <br />overall structure, number of billboard faces on the structure,