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HomeMy WebLinkAboutR-98-0365J-98-217 4/14/98 RESOLUTION NO. 9 8- 365 A RESOLUTION ACKNOWLEDGING AND APPROVING THE ASSIGNMENT OF PATRICK MEDIA GROUP, INC., AGREEMENT, DATED AUGUST 18, 1995, WITH THE CITY OF MIAMI, FLORIDA, FOR THE FURNISHING, INSTALLATION AND MAINTENANCE OF BUS SHELTERS WITHIN THE CITY OF MIAMI TO ELLER MEDIA COMPANY, INC., A WHOLLY OWNED SUBSIDIARY OF CLEAR CHANNEL COMMUNICATIONS, INC., SUBJECT TO ELLER MEDIA COMPANY, INC., BEING IN FULL COMPLIANCE BY FURNISHING AND INSTALLING 200 BUS SHELTERS WITHIN THE CITY OF MIAMI, FLORIDA, IN TWELVE MONTHS; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE A SCHEDULE FOR SAID INSTALLATIONS AND EXECUTING THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, EFFECTUATING SAID ASSIGNMENT. WHEREAS, the City of Miami, Florida (the "City"), pursuant to Resolution No. 88- 1 169, adopted December 15, 1988, authorized the City Manager to execute an agreement with Shelter Advertising of America, Inc., for the furnishing, installation and maintenance of bus shelters within the City of Miami, Florida; and WHEREAS, pursuant to Resolution No. 88-1 169, the City Manager, on January 26, 1989, executed an agreement with Shelter Advertising of America, Inc., (the "Agreement") for the above stated purposes; and WHEREAS, the Agreement, under its own terms, shall not be assigned or sold without the prior consent of the City Commission; and CITY COMNIISSION MEETING OF APF 1 4 1998 /Revolution Na X - ID i :i WHEREAS, under the terms of the Agreement, a sale of fifty-one percent (51 %) or more of the shares of corporate common stocks shall be deemed an assignment; and WHEREAS, pursuant to Resolution No. 93-457, the City Commission, on July 8, 1993, acknowledged and approved the assignment of Shelter Advertising of America, Inc. Agreement with the City of Miami, Florida, for the furnishing, installation and maintenance of bus shelters within the City of Miami to Patrick Media Group, Inc.; and WHEREAS, Patrick Media Group, Inc., sold one hundred percent (100%) of its stocks to Eller Media Company, Inc., a wholly owned subsidiary of Clear Channel Communications, Inc.; and WHEREAS, the City Commission wishes to acknowledge and approve the assignment of the Agreement subject to Eller Media Company, Inc., furnishing and installing 200 bus shelters within the City of Miami, Florida within twelve months; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The assignment of Patrick Media Group, Inc.'s Agreement, dated August 18, 1995, with the City of Miami, Florida, for the furnishing, installation and maintenance of bus shelters within the City of Miami to Eller Media Company, Inc., a wholly owned subsidiary of Clear Channel Communications, Inc., is hereby acknowledge and approved, subject to Eller Media Company, Inc., being in full compliance by furnishing and installing 200 bus shelters within the City of Miami, Florida, within twelve months 98- 360 Section 3. The City Manager is hereby authorized' to negotiate a schedule for said installations and to execute the necessary documents, in a form acceptable to the City Attorney, to effectuate said assignment. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 14th day of April , 1998. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, said legislation now becomes effective with the elapse of ten (10) days fro the date o ommisscn action ATTEST: regarding same, without the Mayor xer ' ' v o. W er. I . oeman, City Clerk WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: �l z RAFAEL 0. DIAZ DEPUTY CITY AT ORNEY APPROVED AS TO FORM AND CORRECTNESS: rI JL EDWARD AXWELL• ERIM CITY ATTORNEY W2481:csk:ROD ' The herein authorization is further subject to compliance with all the requirements that may be imposed by the City Attorney, including but not limited to, those prescribed by applicable City Charter and Code provisions. 3- 98 - 365