Amendment No. 2 to the Agreement with Clear Channel Outdoor, Inc. .2016 - 2/3 2S
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,FL 33139 Tel.305-673-7010 Fax:305-673-7782
Jimmy Morales, City Manager
Tel. 305-673-7010, Fax: 305-673-7782
October 31, 2016
Ms. Kathi Rutter
Public Affairs Director
Clear Channel Outdoor, Inc.
5800 NW 77th Ct.
Miami, Florida 33166
Re: Amendment No.2(the"Amendment")to the Agreement between City of Miami Beach,
Florida(the City)and Clear Channel Outdoor,Inc.,a Delaware corporation,authorized
to do business in Florida ("Clear Channel" or "Contractor"), as assignee, dated
October 17, 2001, to Construct, Operate and Maintain Bus Shelter Structures and
Other Street Furniture throughout the City, pursuant to Request for Proposals No.
107-99/00(the Agreement),as amended by Amendment No. 1 to the Agreement,dated
September 28, 2011 (the Agreement and Amendment No. 1 shall be collectively
referred to herein as the Agreement).
Dear Ms. Rutter:
The following shall memorialize Amendment No. 2 to the Agreement, as follows:
WHEREAS, the Contractor, Clear Channel Adshel, Inc., a New York corporation,
merged into More, Inc., a Delaware corporation, on December 31, 2001 and said entity
simultaneously changed its name to Clear Channel Adshel, Inc., a Delaware
corporation. Clear Channel Adshel, Inc., a Delaware corporation, is a wholly owned
subsidiary of Clear Channel Outdoor, Inc., a Delaware corporation, which is authorized
to do business in Florida ("Clear Channel" or "Contractor") and operates and manages
the Agreement as the Contractor; and
WHEREAS, the parties wish to correct the reference to the Contractor
throughout the Agreement to accurately reflect that the Contractor providing the
services under the Agreement is Clear Channel; and
WHEREAS, pursuant to Section 16 of the Agreement, the City Manager has
authority to consent to an assignment of the Agreement and hereby consents to the
assignment of the Agreement to Clear Channel; and
WHEREAS, since the Agreement expires on October 31, 2016 and the City is not
exercising the five year renewal option referenced in Amendment No. 1 to the Agreement, Clear -
Channel and the City wish to extent the Agreement until such time as the City executes
a new Agreement for similar services, subject to the City's right to terminate the
Agreement upon thirty days notice, as more particularly set forth herein.
NOW THEREFORE, in consideration of the mutual promises and conditions contained herein,
and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the
City and Contractor hereby agree to amend the Agreement as follows:
1. The above recitals are true and correct and are incorporated as part of this Amendment.
Amendment No. 2 to Clear Channel Bus Shelter Agreement
October 31, 2016
Page 2
2. Clear Channel Adshel, Inc., a New York corporation's interest in the Agreement is
hereby assigned to Clear Channel Outdoor, Inc., a Delaware corporation, authorized
to do business in Florida ("Clear Channel"); therefore, all references to Clear
Channel Adshel, Inc., a New York corporation, as "Contractor," throughout the
Agreement shall be deleted and replaced to reflect Clear Channel.
3. Effective October 31, 2016 (the Effective Date), the term of the Agreement shall be
extended, based upon the same terms and conditions in effect as of the Effective Date, until
such time as the City executes a new agreement for similar services (the Extended Term).
During the Extended Term,the City,through its City Manager, may terminate the Agreement
pursuant to subsection 13.3, at the City's sole option, at any time, for convenience, without
cause and without penalty, upon notice to Clear Channel, in writing, at the address set forth
above, thirty (30) days prior to termination.
Your counter-signature below shall indicate Clear Channel's acceptance of the foregoing terms and
conditions.
Attest: Sin I erely,
I
•`'p��%%%%%%gh1',' I, y -. 'oral s, City Manager
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Date: l /7/f ` = N •.
Approved and Accepted n '�— '��
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•Attest: :` 'ssig nor:
G�i�-9,[•� � �7 Clear Channel Adshel, Inc., a Delaware
0 ���'3"C corporation f/k/a Clear Channel Adshel, Inc.,
H ` a New York corporation
By: Yin 14-1Ai By:
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Print Name and title Print Name and title
Bryan Parker
Date: tt 1 1611E EVP,Real Estate&Public Affairs
Attest: Assignee:
Clear Channel Outdoor, Inc., a
Delaware corporation, authorized to do
' IIP . business i Florida
By: !24 ' By:
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Print Name and title Print Pierre gad title
, APPROVED AS TO
Date:
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