HomeMy WebLinkAboutSpecial ReleaseSPECIAL
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 MIAMI, a municipal corporation of the State of Florida (hereafter
referred to as "CITY" 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 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, INC., and f/k/a
ELLER MEDIA COMPANY
Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever
the context so admits or requires.
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1_multipart_xFBFF_5_Clear Channel Re'lease2. CLEAN
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:
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1 multipart xF8FF 5_C1ear Channel Release2. 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 ($28,000.00), and other good and valuable
consideration, received from or on behalf of 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 "second party"),
the receipt whereof is hereby acknowledged,t
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 cb Iribution 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 MIAMI, a municipal
corporation of the State of Florida
("CITY" or the "second party")
Wherever used herein the terms "first party" and "second party" shall include singular and plural, heirs,
legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever
the context so admits or requires.
Page 1 of 2
1 multipart xF8FF a.'City Release - Bus Shelter3.2.CLEAN
By: By:
Priscilla A. Thompson Joe Arriola
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
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a .nI�innA .wFAFF 4 City Release - Bus Sheiters,2,CLEAN