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25A - AGMT - OUTDOOR ADVERTISING
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12/16/2014
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25A - AGMT - OUTDOOR ADVERTISING
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Last modified
12/11/2014 2:27:57 PM
Creation date
12/11/2014 2:27:10 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
25A
Date
12/16/2014
Destruction Year
2019
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Agreement thereafter or (ii) a share of Site Agreement Development Revenues determined by allocating <br />to the City 60% of the net Site Agreement Development Revenues remaining after deduction of Site <br />Agreement Direct Expense Reimbursement and Site Agreement Capital Expenditure Reimbursement. For <br />any other kind of Sign in a City Sign Location (including Signs with digital faces that do not conform to the <br />definition of City Digital Faces), no annual minimum will apply and All Vision will be required to pay the <br />City 60% of the net Site Agreement Development Revenues remaining after deduction of Site Agreement <br />Direct Expense Reimbursement and Site Agreement Capital Expenditure Reimbursement. The City and <br />All Vision may agree to different economic terms based on the circumstances of the proposed City Sign <br />Location. <br />(h) The Site Agreement will provide for the potential "bundling" of the sales of <br />advertising on the applicable Sign with sales of advertising on Signs governed by other Site Agreements <br />and the allocation of the advertising revenues among the Signs on which the advertising will be <br />displayed. <br />5.3 Removals. The Site Agreement will contain terms providing that if the Sign is to be <br />removed because of casualty, condemnation, or legal prohibition, or because the City requires the City <br />Sign Location for a bona fide purpose other than outdoor advertising that is incompatible with continued <br />operation of the Sign, and the parties fail to agree on a comparable replacement City Sign Location, then <br />(1) All Vision shall use diligent efforts to obtain payment of its unreimbursed operating expenses and <br />capital expenditures from the condemning authority or applicable insurance company, (2) All Vision will <br />thereafter be entitled to deduct any remaining unreimbursed operating expenses and capital <br />expenditures, if any, from amounts due under this Agreement or other agreements (including other Site <br />Agreements) between All Vision and the City, or the City may pay those amounts at the time of <br />termination. If the Sign is removed due to condemnation action or prohibition by the City (not acting <br />under any legal compulsion) or because the City requires the use of the location for another purpose, <br />and the parties fail to agree on a comparable replacement City Sign Location, All Vision shall be entitled <br />to deduct any remaining unreimbursed operating expenses and capital expenditures from amounts due <br />to City under this Agreement and the Site Agreements, and if the amounts due under those agreements <br />are not adequate for All Vision to fully recover those unreimbursed operating expenses and capital <br />expenditures, then the City will be obligated to reimburse them. If the Sign is removed so that the City <br />can develop the City Sign Location for other purposes, the City will impose a restrictive covenant for the <br />benefit of All Vision prohibiting the installation of outdoor advertising billboards on the property of <br />which that City Sign Location is a part until the earlier of five years after the date of removal or the <br />originally scheduled termination date of the Site Agreement. <br />Article 6 <br />APPROVAL AND REMOVAL OF ADVERTISING MATERIALS <br />6.1 General Advertising Prohibitions. The fallowing categories of advertising are not <br />permitted on any Signs: <br />(a) advertising for any product or service that is prohibited by applicable law; <br />(b) advertising for any product or service prohibited by the City's written policies; <br />and, <br />0 <br />25A -13 <br />
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