25A - AGMT - OUTDOOR ADVERTISING

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any overlay zone or other modified zoning established pursuant to the Digital Billboard Ordinance (excluding revenue on account of generally applicable sales, use or property taxes, but including revenue on account of any excise tax that applies to Signs or the sale or display of outdoor advertising that does not apply generally to the sale of services or the ownership and use of property). Payments of that compensation shall be due on a quarterly basis, with each payment due within thirty days after the end of the calendar quarter In which the corresponding revenues are received by the City. 4.4 Term of Compensation. Notwithstanding the expiration of the Term, the City's obligation to pay All Vision the compensation provided In Section 4.3 above shall apply to, and survive the Term with respect to, all City revenues pursuant to each applicable agreement from the inception of that agreement until (a) the end of the term of that agreement and all renewals, extensions, restatements or replacements thereof, or (b) thirty years after the Sign In question first becomes operational for the display of commercial advertising. In either case, the revenues to be shared include all revenues owed to the City with respect to the applicable time period that are received by the City at any time, whether before, during or afterthe applicable time period. 4.5 Other All Vision Signs, During the Term, All Vision will not be required or permitted to provide the services described in section 4.2 above with respect to Signs of which it is the developer that are not on City Property. However, with the prior written consent of the City, All Vision may present proposals for the City to consent to its participation as developer in the construction of Signs that are not City Property Signs in the overlay zone established pursuant to the Digital Billboard Ordinance in exchange for a mutually agreeable revenue sharing terms, and section 4.3 above will not apply to any amounts payable to the City with respect to those Signs. 4.6 Consulting Services Do Not Include Legal Services. Without limiting the generality of Section 15.9 below, nothing in this Article 4 is to be construed to require All Vision to provide or pay for legal advice to the City in connection with any Digital Billboard Ordinance or any agreement with a third party, and the City will be responsible to obtain at its expense and rely on the legal advice of its City Attorney and any other counsel it may engage regarding any Digital Billboard Ordinance or agreement and the legal validity and effect thereof. All comments and recommendations that All Vision may provide with respect to proposed ordinance language are to be considered as relating to business and operational matters only, even though they may include specific drafting recommendations and may include comments from attorneys who are employed by or engaged by All Vision. Further, All Vision's observation of construction activity is not intended as a substitute for any required or otherwise appropriate inspections to be performed by a City building official. Article 5 CITY PROPERTY SIGN DEVELOPMENT 5.1 Site Agreements. If the City approves a Strategic Plan that designates any one or more City Sign Locations for development, the parties shall prepare and enter into a Site Agreement for each City Sign Location in a form provided by either party and mutually approved by the City and All Vision. 5.2 Key Terms. Each Site Agreement shall include provisions based on the following key economic terms (but providing greater detail), among the other terms specified in the approved form of Site Agreement, unless the parties otherwise agree in writing: (a) The term of each Site Agreement will extend for 30 years beginning on the date the Sign is first put into operation to display commercial advertising, or the deadline in the Site 7 25A -11