Item 67 - Zoning Ordinance Amendment No. 2022-01 (Billboards Ordinance)

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8 B. Public Safety Announcements. OPERATOR shall utilize the advertising space on the Digital Billboards for regional emergency announcements and alerts, including but not limited to Amber Alerts and “wanted” criminal postings from law enforcement, without charge, as reasonably requested by the City of Santa Ana, in accordance with applicable local, regional, and/or state protocols. C. Unacceptable Content. OPERATOR agrees not to utilize the Digital Billboard to advertise tobacco products, adult entertainment businesses, as defined in the Santa Ana Municipal Code, conferences/conventions for any of the foregoing prohibited uses, sexually explicit messages, or any violent, hate, or other obscene messaging. 8. Term. This AGREEMENT shall continue in full force and effect for a fifteen (15) year period commencing on the Commencement Date (“Term”). OPERATOR may notify City up to twelve months prior to the expiration date of this AGREEMENT of its desire to extend the term of this AGREEMENT, and City and OPERATOR shall enter into negotiations and may agree to extend the term of this AGREEMENT pursuant to a mutual agreement in writing upon terms acceptable to both parties. Following termination or expiration of this AGREEMENT and provided no extension of this AGREEMENT is agreed to, within ninety (90) days after the date of the termination or expiration of this AGREEMENT, OPERATOR shall, at its sole cost and expense, secure all required permits to, and shall, remove and properly transport the billboard from the Subject Property, shall return the Subject Property to its original condition, and shall not store any portion of the removed billboard on the Subject Property or any other location within City's jurisdictional boundaries. The billboard shall be deemed to have been satisfactorily removed for purposes of this Section 8 so long as no remnants of the sign structures remain visible above ground, all utilities are capped, and the site is graded, secured, landscaped, and irrigated to a condition satisfactory to CITY. If CITY is required to exercise its rights under this AGREEMENT due to OPERATOR’S failure to remove the billboard, then CITY shall be entitled to be reimbursed by OPERATOR any and all direct expenses incurred by CITY in exercising its rights under this subsection within no more than ten (10) days following CITY’s delivery of an invoice demanding payment for such expenses. Any such removal of the billboard by City shall not entitle OPERATOR to any damages of any kind whatsoever against CITY or its agents, and OPERATOR hereby releases and holds all City Parties harmless from indemnified claims and liabilities for any action by any of the City Parties in removing the billboard. OPERATOR hereby consents to CITY’s entry onto the site to accomplish such removal. 9. Business License Required. A valid City of Santa Ana Business License is required for all entities engaged in operating digital billboards in the City of Santa Ana. It is unlawful for any person or legal entity to display advertising on a billboard in the City of Santa Ana without first having procured a City of Santa Ana business license. 10. Regulation by other Public Agencies. It is acknowledged by the Parties that other public agencies not subject to control by the City, including, but not limited to, Caltrans, may possess authority to regulate aspects of the digital billboard as contemplated herein, and this AGREEMENT does not limit the authority