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Home My WebLink AboutContract 29005 08-22-03 A09 : 35 IN CITY SECRETARY ()Q5 SETTLEMENT AGREEMENT CONTRACT NO. THIS AGREEMENT is made by and between Clear Channel Outdoor, Inc. (hereinafter, "CCO"), and the City of Fort Worth, (hereinafter, "the City" and together with CCO, the "Parties"). WHEREAS, the Parties are currently involved in litigation in Cause No. 141-196510-02 styled Clear Channel Outdoor, Inc. v. Board of Adjustment and the City of fort Worth regarding CCO's outdoor advertising sign located at 6501 Rosedale Street bearing permit number CBP-01 (hereinafter, the"Lawsuit"); and WHEREAS, the Parties mutually desire to achieve a prompt, fair and total resolution to the Lawsuit; and WHEREAS, the Parties have conferred and expressed their mutual consent to the terns, as set forth herein, of this compromise settlement (hereinafter, the "Settlement Agreement") of all claims related to the Lawsuit. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the Parties hereto, to be by them respectively kept and performed as set forth herein, the Parties hereby agree as follows: AGREEMENT CCO shall execute the Settlement Agreement on a mutually agreed date not later than 2003 (hereinafter, the "Pre-Closing Date"). Following the Pre- Closing Date, the City's duly authorized representative shall recommend the Settlement Agreement for adoption by the City. With the exception of sections 1 and 2 hereto, the Settlement Agreement shall not take effect prior to the day of its final execution by City (hereinafter, the"Closing Date"). REPRESENTATIONS AND WARRANTIES Each Party represents and warrants, to each other Party, that they have participated in good faith during negotiations to settle the Lawsuit and in executing the Settlement Agreement and that their obligations under the Settlement Agreement are acceptable and equitable in relation to the obligations of each other Party and that the performances accruing to them under the Settlement Agreement sufficiently fulfill all of their demands relating to the Lawsuit. GENERAL COVENANTS Each Party agrees that they shall take all reasonable actions to ensure their continuing good faith performance under the Settlement Agreement. COVENANTS OF CCO CCO agrees that it shall: a. remove its sign (No. CGW-03) located at 3101 W. 6th Street (University Drive west side, 15 feet south of 6th Street)within 60 days of the Closing Date; b. remove its sign that was damaged in the 2001 tornado at 6501 Rosedale Street (No. CHP-01), within 30 days of the Closing Date; C. dismiss the Lawsuit with prejudice with each party bearing its own costs within 30 days of the Closing Date; and d. relinquish its accumulated sign credits accumulated prior to July 1, 2003. COVENANTS OF THE CITY The City agrees that it shall: a. Permit CCO to rebuild its sign (No. CHH-53) located at 3436 South Freeway (west side, 400 feet north of Bewick Street) at the existing height (the replacement sign will not exceed the current sign's greatest height above mean sea level as measured from the top of the bulletin board) by replacing the existing wooden sign wit structure with a 15-foot V configuration and replacing the smaller p`��i(' ,{�1 (12 feet x 25 feet)with a"bulletin"sized face (14 feet x 48 feet); b. Permit CCO to lower its sign(No. C. Y-33) located at 2403 Riverside Drive(east side, south of Lancaster)by up to 12 feet; c.Permit CCO to replace the "poster" sized face (12 feet x 48 feet) on its sign (No. CHEI-47) located at 1514-1516 E. 4th Street on the North Freeway (west side, 10 feet south of 4th Street)with a"bulletin"sized face (14 feet x 48 feet). SOLE AGREEMENT The Settlement Agreement constitutes the sole and only agreement between the Parties and supersedes any prior understandings or agreements, both written and oral, related to the Lawsuit. AMENDMENT AND WAIVER Any amendment, modification or waiver of the Settlement Agreement may only be made through a written agreement signed by all of the Parties. LEGAL CONSTRUCTION In the event any part of one or more of the provisions contained in the Settlement Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, each offending part or provision will be so construed as to conform them to the law and make them valid, legal and enforceable. In the event an invalid, illegal or unenforceable part or provision cannot be conformed to the law, the Settlement Agreement shall be construed without reference to the offending part or provision but so as to achieve as closely as legally possible the original intentions of the Parties. SETTLEMENT AGREEMENT i2p�,gp `,0 U� A E 3 IN TESTIMONY HEREOF, the Parties hereto have caused these presents to be executed in two identical counterparts. FOR CCO Signature: Name: Ariq a Vt I C2- Title: &50eat- I)FI/J DM i,ovx STATE OF TEXAS § F COUNTY OF 6-rrb-,, t § BEFORE ME, the undersigned authority, on the 10' day of Auqu5t 2003, personally appeared Argo Id Ve/e-z- of CLEAR ' CHANNEL OUTDOOR, INC., known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. S1.PY AU &=TEERREESSA=14 MMORE 29 Notary Public NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS My COMM.513-01-23-2004 My Commission expires: P FOR the City Signature: al Name: e-7- �— 14 _ ()R Authorization Title: 01 v� IVA�(e u 12 .103_ 1 ,ate ATTESTED BY STATE OF TEXAS § COUNTY OF 22degnlv7- § G Y$st BEFORE ME, the undersigned authority, on the day of 2003, personally appeared of the City of Fort Worth, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she/he executed the same for the purposes and consideration therein expressed. CORD A6�R�Nk- ROSELLA BARNES (1,� NOTARY PUBLIC *1 state of Texas NOTARY PUBLIC, STATE OF TEXAf COMM.Exp.03-31-2006 My Commission expires: -S! - City of Fort Worth, Texas Imavor and , uncit commu"icatio" %ftow, CW0 DATE REFERENCE NUMBER LOG NAME PAGE 7/22/03 G-14033 12CLEARCHANNEL 1 of 2 SUBJECT SETTLEMENT OF LITIGATION AND CLAIMS WITH CLEAR CHANNEL COMMUNICATIONS, INC. CONCERNING BILLBOARD SIGN MATTERS RECOMMENDATION: It is recommended that the City Council authorize the City Manager's Office and the City Attorney's Office to execute agreements that will settle claims between Clear Channel Communications, Inc. (Clear Channel) and the City. DISCUSSION: The City has reached the following agreements with Clear Channel regarding sign issues: • Clear Channel agrees to remove its sign (No. CGW-03) located at University Drive (west side, 15 feet south of 6th Street) within 60 days from the acceptance of the final agreement. • Clear Channel will also remove its sign that was damaged in the 2001 tornado at 6501 Rosedale Street (No. CHP-01), within 30 days of the acceptance of the final settlement agreement. • Clear Channel will dismiss the lawsuit styled Clear Channel Outdoor, Inc. v. Board of Adjustment of the City of Fort Worth and the City of Fort Worth, Texas, Cause No. 141-196510-02 and relinquish its accumulated sign credits. The City agrees to: • Permit Clear Channel to rebuild its sign located on the South Freeway (west side, 400 feet north of Beewick Street) at the existing height (the replacement sign will not exceed the current sign's greatest height above mean sea level as measured from the top of the bulletin board) by replacing the base with a monopole and replacing the smaller "poster" size -sign (12 feet x 25 feet) with a "bulletin" sign (14 feet x 48 feet). • Permit Clear Channel to lower its sign (No. CJY-33) located at Riverside Drive (east side, south of Lancaster Avenue) to 12 feet. • Permit Clear Channel to replace the "poster" sized face on their sign (No. CCH-47) on the North Freeway (west side, 10 feet south of 4th Street) with a "bulletin" sized face. City of Fort Worth, Texas vagoir a"d cou"Cil I t i o" DATE REFERENCE NUMBER -----r—LOG NAME T!57GE 7/22/03 G-14033 I 12CLEARCHANNEL 2 of 2 SUBJECT SETTLEMENT OF LITIGATION AND CLAIMS WITH CLEAR CHANNEL COMMUNICATIONS, INC. CONCERNING BILLBOARD SIGN MATTERS FISCAL INFORMATION/CERTIFICATION: The Finance.Director certifies that this action will have no material effect on City funds. RZ:k Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Richard Zavala(Acting) 6183 Originating Department Head: David Yett 7623 (from) APPROVED 07/22/03 Additional Information Contact: David Yett