HomeMy WebLinkAboutrevised attachmentSPECIAL
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That CLEAR CHANNEL OUTDOOR, INC., a Delaware corporation registered
in Florida as CC OUTDOOR, INC., and f/k/a ELLER MEDIA COMPANY, successor in
interest to SHELTER ADVERTISING OF AMERICA, INC. (hereafter referred to as
"CLEAR CHANNEL" or the "first party"), for and in consideration of the sum of Ten
(S10.00) Dollars, and other good and valuable consideration, received from or on behalf
of the CITY OF MIANII, a municipal corporation of the State of Florida (hereafter
referred to as "CITY" or the "second party"), the receipt whereof is hereby
acknowledged,
I
DOES HEREBY remise, release, acquit, satisfy and forever discharge the said
second party, its officers, directors, agents, shareholders, employees, insurers,
predecessors, successors, heirs and assigns of and from all, and all manner of action and
actions, cause and causes of action, suits, debts, dues, sums of money, accounts,
reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements,
promises, variances, trespasses, damages, judgments, executions, claims and demands
whatsoever, in law or in equity, which said first party ever had, now has, or which any
personal representative, successor, heir or assign of said first party, hereafter can, shall or
may have, against said second party, arising out of (i) the Bus Shelters Contract by and
between CLEAR CHANNEL and CITY dated January 29, 1989, as same may have been
amended or modified (the "Contract"), including without limitation CITY'S removal of
advertising after the expiration of the Contract, and (ii) the bus shelters located in the
City of Miami transferred by CLEAR CHANNEL to the CITY by Bill of Sale dated the
date hereof (the "Property"), except that CITY shall not be released and CLEAR
CHANNEL reserves all claims, demands, actions and causes of action, liabilities and/or
obligations for contribution or indemnity, whether under the Contract, at law, or in
equity,- arising from the claims of third parties for property damage and/or personal injury
and (i) arising out of the Contract, whose cause of action accrued prior to the date of this
instrument, and (ii) arising out of the Property, whose cause of action accrued prior to or
after the date of this instrument.
Signed, sealed and delivered
In the presence of:
CLEAR CHANNEL OUTDOOR, INC.,
a Delaware corporation registered in
Florida as CC OUTDOOR. 1NC., and f k/a
ELLER MEDIA COMPANY
Wherever used herein the terms "first party" and "second party" shall include singular and plural- heirs.
le`a1 represen[aiives. end assigns of individuals, and the successors and assims of corporations, v 1 r v,fr
the context so admits or requires.
Paee1 of 2
c t ihart .h
Clar Channel RLase2. CLL.A
Witness ("CLEAR CHANNEL" or the "first
party")
Witness By:
Laura C. Toncheff
Executive Vice -President
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of June, 2004, by
Laura C. Toncheff, as Executive Vice -President of Clear Channel Outdoor, Inc., who is
( ) personally known to me or ( ) has produced as
identification.
Notary Public, State of
My commission expires:
Pau.e 2 of 2
t xi S11 Clear Chan!',1 nele3se2. CLEAN
SPECIAL
RELEASE
KNOW ALL MEN BY THESE PRESENTS:
That the CITY OF MIAMI, a municipal corporation of the State of Florida
(hereafter referred to as "CITY" or the "first party") for and in consideration of the sum
of Twenty -Eight Thousand and 00/100 Dollars (S28,000.00), and other good and valuable
consideration, received from or on behalf of CLEAR CHANNEL OITTDOOR, INC., a
Delaware corporation registered in Florida as CC OUTDOOR, INC., and f/k/a ELLER
MEDIA COMPANY, successor in interest to SHELTER ADVERTISING OF
AMERICA, INC. (hereafter referred to as "CLEAR CHANNEL" or the "second party"),
the receipt whereof is hereby acknowledged,)
DOES HEREBY remise, release, acquit, satisfy and forever discharge the said
second party, its officers, directors, agents, shareholders, employees, insurers,
predecessors, successors, heirs and assigns, of and from all, and all manner of action and
actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckonings,
bonds, bills, specialties, covenants, contracts, controversies, agreements, promises,
variances, trespasses, damages, judgments, executions, claims and demands whatsoever,
in law or in equity, which said first party ever had, now has, or which any personal
representative, successor, heir or assign of said first party, hereafter can, shall or may
have, against said second party, arising out of (i) the Bus Shelters Contract by and
between CLEAR CHANNEL and CITY dated January 29, 1989, as same may have been
amended or modified (the "Contract"), including without limitation CLEAR
CHANNEL's continued operation of the bus shelters and sale of advertising_ thereon after
the expiration of the Contract, and any claims or demands made in the letter dated March
17, 2004 from Alejandro Vilarello, City Attorney, to Kathleen Rutter of CLEAR
CHANNEL's South Florida Division, and (ii) the bus shelters located in the City of
Miami transferred by CLEAR CHANNEL to the CITY by Bill of Sale dated the date
hereof (the "Property"), except that CLEAR CHANNEL shall not be released and CITY
reserves all claims, demands, actions and causes of action, liabilities and/or obligations
for contribution or indemnity, whether under the Contract, at law, or in equity, arising
from the claims of third parties for property damage and/or personal injury and (i) arising
out of the Contract, whose cause of action accrued prior to the date of this instrument,
and (ii) arising out of the Property, whose cause of action accrued prior to or after the
date of this instrument.
ATTEST:
THE CITY OF 1IIAJII, a municipal
corporation of the State of Florida
("CITY" or the "second party")
Where ,er used herein the terms first party" and "second party" shall include sinjula; and plural, heirs.
rapresentltives, and assians of individuals, and the successors and assi ns of corporations, wherever
the context so admits or requires.
Page 1 of 2
�h 1 r Cite Release - Bus Sha1tcrs.2.CLL \N
By: By:
Priscilla A. Thompson
City Clerk
Joe Arriola
City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
By: By:
Alejandro Vilarello Dania F. Carrillo
City Attorney Risk Management Administrator
Page 2 of 2
I r,1u1;ipart_xFSFF 4 City Reiease - Bus Shelters.2.CLEAN
BILL OF SALE
(Bus Shelters)
KNOW ALL MEN BY THESE PRESENTS, that CLEAR CHANNEL
OUTDOOR, INC., a Delaware corporation registered in Florida as CC OUTDOOR,
INC., and f/k/a ELLER MEDIA COMPANY, successor in interest to SHLETER
ADVERTISING OF AMERICA„ INC. ("SELLER") for and in consideration of the sum_
of Ten ($10.00) Dollars, and other good and valuable consideration, received from or on
behalf of the CITY OF MIANII, a municipal corporation of the State of Florida,
("BUYER") the receipt of which is hereby acknowledged, does grant bargain, sell and
convey to BUYER, its successors and assigns, forever, the bus shelters more fully
described on Exhibit A attached hereto (the "Property"), effective upon execution and
delivery of this Bill of Sale to BUYER and exchange of executed releases between
BUYER and SELLER in the forms attached hereto.
TO HAVE AND TO HOLD SAME unto the BUYER, its successors and assigns
to its proper use, benefit, and behoof forever. SELLER disclaims any implied warranty
of fitness for a particular purpose. The Property is being sold in an "as is" and "where is"
condition.
IN WITNESS WHEREOF, the SELLER and BUYER have executed this Bill of
Sale this day of June 2004.
Signed, sealed and delivered
In the presence of:
Witness
-fitness
ATTEST:
CLEAR CHANNEL OUTDOOR, INC.,
a Delaware corporation registered in
Florida as CC OUTDOOR, INC., and fik/a
ELLER MEDIA COMPANY
("SELLER")
By:
Laura C. Toncheff
Executive Vice -President
THE CITY OF MIAMII, a municipal
corporation of the State of Florida
(`BUYER")
By: By:
Priscilla A. Thompson Joe Arriola
Page 1 of 2
City Clerk City Manager
APPROVED AS TO FORM APPROVED AS TO INSURANCE
AND CORRECTNESS: REQUIREMENTS:
By: By:
Alejandro Vilarello Dania F. Carrillo
City Attorney Risk Management Administrator
Page 2 of 2
.. �,\l i_ - [31 •S 5!ii
A [3;1,1 \ .L s• .S-Ss-
Jun 02 04 02:23p Sarmienta Advertising
3053778758
p.1
February 8, 2004
Joe Arriola, City Manager
City of Miami
3500 Pan-American Drive
Miarni, FL 33133
Dear Mr. Arriola:
Sarmiento
o u 'r D Q Q R ADVERTISING
444 Brickell Avenue, Suite 600
Miami, Florida 33131
tel: 305.400.7355
fax: 305,400.9991
www.sarmiento.net
Given that the Bus Shelter contract between the City of Miami and ClearChannel expired
January 26, 2004, we believe that this is the ideal time for Miami to commence
integration of Street Furniture of exceptional quality.
The quantity of outdoor advertising elements that exist at this moment — billboards,
banners on bridges, shelters, benches, building wraps, banners on light poles, news racks,
phone booths, "Adopt-a-l-Iighway" signs, banners on buildings, buses, etc. — have
transformed Miami into a city with mere than sufficient forms of outdoor advertising.
For this reason, Sarmiento's proposal is to provide the residents of Miami with the latest
high-tech bus shelters, without advertising, which will create an instant positive impact.
The fact that Sarmiento is already a contractor with the City of V1iamI (after having
won a bid in which we competed against three ether companies) and the fact that our
outdoor advertising elements have already been installed, gives the City a sense of
security that there will be consistency and continuity with the existing family of Street
Furniture and that the one-to-one relation we have with the City will be enhanced.
Taking into consideration that the legislation of the State of Florida permits cities to
directly contract the fabrication and installation of shelters (see Exhibit 1), and
considering that Sarmiento is an international business with more than 50 years'
experience in the design, construction, installation and maintenance of Street Furniture, it
is our pleasure to present the following proposal:
1,4
�r,.,e<,1''L
Jun 02 04 02:23p
Sarmiento Advertisins 3053778756
p.2
This proposal, divided into two stages, details the necessary steps to generate not only an
immediate positive change but also a long-term solution, on par with the standards set by
cities with the rnost advanced Street Furniture solutions.
Sarmiento can begin immediately in the areas of maintenance and improvement of the
existing shelters:
STAGE 1: In this stage, Sarmiento begins right away to maintain and improve the
existing shelters.
a) Detailed inventory and reports on the quantity of existing shelters and their
current state.
b) Immediate removal or reinstallation of shelters that are not up to ADA standards
in order to prevent potential lawsuits against the City.
c Immediate cessation of the aerial electrical connection of the shelters connected to
FPL by aerial overhead drop which is not permitted by the City.
d) Repainting and deep -cleaning of the shelters (graffiti removal, replacing the glass,
etc.) which will produce an immediate improvement and will better the image and
esthetic of the old bus shelters.
e) Continuous, regularly scheduled maintenance once the initial work is completed
(see Exhibit 2).
f) Installation of posters that will inform the public about the refurbishing of the bus
shelters, provide Public Service announcements, and communicate any other
plans the City wishes to express (see Exhibit 3).
STAGE 2: At the same time as Stage 1 is underway, this stage will begin.
a) Design, fabrication and installation of the new bus shelters.
Design: three models of shelters will be presented (see Exhibit 4). Each model
complies with every one of the regulations of the building codes of the City of
Miami, Miami -Dade County, and the State of Florida with regard to size, design,
ADA standards, distance from the street, protection from wind and rain, hurricane
resistance, etc.1
Fabrication: once the design is approved, Sarruento will immediately begin to
install the first 30 shelters. The materials will all be top-quality and will include
stainless steel, aluminum, tempered glass, pressure -treated wood, etc.; depending
on the model chosen. Since vandalism is inevitable, the glass used will be the
same as is used in the panels that Sarmiento has already installed; that is, high -
resistant glass which, when broken, shatters in small squares rather than shards to
help prevent cuts.
Installation:, e g r model chosen, we can begin to instal' the bus
den r.d'n on the
shelters in accordance with the Installation Timetable (see Exhibit 5).
`dote: d•,e "D" r oc :! has bee; specially designed for the City of Miami.
.Jun uc UY ue:eJp
Sarmiento Advertising 3053778756
Sarmiento has a wide variety of experience in this field. The old bus shelters will
be replaced by new ones during hours of least vehicular traffic, preferably at
night, so as to avoid disrupting the flow of traffic and pedestrians.
Regularly Scheduled Maintenance: (see Exhibit I)
b) Plan to replace the benches and shelters in those places where it is physically
possible. In every location where bus benches are present and the conditions
permit it, the shelters will be replaced and every effort will be made to keep the
time between removal and installation to a minimum.
Note: The two stages will be achieved simultaneously, which means that the City of
Miami can begin to take immediate action to better the aspect of the City while ac the
same time beginning to work towards a definitive solution.
It is our hope that you will provide the opportunity for Sarmiento to enhance its
partnership with the City of Miarni while working to better the City's image by
modernizing its bus shelters. We feel that this public service will benefit not only those
who use public transportation on a regular basis, but will also provide a much -improved
esthetic for aU those who drive past the bus shelters located throughout the City.
Sincerely,
Eduardo Terranova, President
.Jun uc U4 ue : edp
armiento havers: sing du5:y i is e' t3
p.4
L Price breakdown of proposed maintenance services
1. Rejuvenation of old shelters:
Option A: Beautification old shelters2 (one-time fee) $ 142.00
Option B: Beautification plus painting3 (one-time fee) $ 206.00
2. Periodic tnaintenance:4 $ 80.00
II. Price breakdown of the design, fabrication and installation of the shelters:
Option A: Model "D"
Option B: Model "Santiago"
Option C: Model "Las Condes"
The values correspond to the monthly fee per bus shelter,
7 This includes the following tasks: deep clean, repiace glass, change parts.
3 This includes the ['chewing tasks: deep clean, replace glass. change parts and painting
gee Maintenance Manual (Exhibit II)
$ 8,800.00
$ 7,000.00
$ 6,500.00