ATTACHMENT 1-1
FOURTH AMENDMENT TO BUS SHELTER LICENSE AGREEMENT
This Fourth Amendment to the Agreement (“Fourth Amendment”) by and between the City of Burbank, a Municipal Corporation (hereinafter, the “City”) and Outfront Decaux Street Furniture, LLC (formerly Outfront Media) (hereinafter, the “Licensee”) is entered into this _____ day of _________ 2023. The City and Licensee are individually referred to herein as a “Party,” and collectively as the “Parties.”
RECITALS
A. On February 12, 2003, the Parties entered into a 10-year Bus Shelter License Agreement for Licensee to construct, install, and maintain certain bus shelters in the City.
At that time the Licensee was Viacom Outdoor, Inc., which became CBS Outdoor , followed by Outfront Media, and now Outfront Decaux Street Furniture, LLC . The Agreement, and all amendments and extensions referenced in these recitals, are collectively referred to herein as the “Agreement.”
B. On March 18, 2013, the Parties executed the First Amendment to Bus Shelter License Agreement to extend the term by an additional 10 years to March 17, 2023, and authorize an increasing compensation scale.
C. On October 27, 2020, the Parties entered into the Second Amendment to Bus Shelter License Agreement to provide for a decreased compensation scale for quarters 3 and 4 in year 8 of the extended term, in response to the negative impacts of COVID - 19, with the option to administratively extend the reduced compensation schedule in year
9. D. On December 3, 2021, the Parties entered into the Third Amendment to Bus Shelter License Agreement to extend the decreased compensation scale for quarters 1, 2, 3, and 4 in year 9 of the extended term to provide temporary reduction in revenue payments in response to the negative impacts of COVID-19.
E. Pursuant to Burbank Municipal Code (“BMC”) 2-2-201(E), on February 14, 2023, the Parties agreed to administratively extend the Agreement on a month-to-month basis for up to six months from March 18, 2023 to September 18, 2023, under the same terms and conditions in the Agreement.
F. The City is preparing to competitively select an operator to maintain all bus shelters Citywide. While this process is ongoing, the Parties desire to continue existing operations by extending the Agreement on a month-to-month basis.
AMENDMENT
ATTACHMENT 1-2
1. References. All references in the Agreement, including subsequent amendments, to “Viacom Outdoor, Inc.,” “VO,” “CBS Outdoor,” “Outfront Media,” or “Licensee,” shall refer to “Outfront Decaux Street Furniture, LLC .”
2. Extension. The Agreement is hereby extended on a month-to-month basis.
Either Party may terminate the Agreement upon 30 days’ advance written notice.
3. Notices. Section 22 of the Agreement is hereby amended and restated as follows:
“22. Notices
a. Any notice required to be given hereunder shall be in wri ting with copies as directed herein and shall be personally served or given by mail. Any notice given by mail shall be deemed to have been given when deposited in the United States mail, certified and postage prepaid, addressed to the party to be served as follows:
TO THE CITY: City of Burbank
Community Development Department
150 N. Third Street
Burbank, CA 91502
Attention: ________________
TO LICENSEE: Outfront Decaux Street Furniture, LLC
_____________________
_____________________
Attention: _____________________
4. Ratification of Agreement. Except as expressly amended herein, all terms and conditions of the Agreement are hereby ratified and approved. All provisions of the Agreement not inconsistent with this Fourth Amendment shall remain in full force and effect.
In recognition of the obligations stated in this Fourth Amendment, the parties have executed this Fourth Amendment on the date indicated above.
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ATTACHMENT 1-3
“CITY” “LICENSEE”
CITY OF BURBANK Outfront Decaux Street Furniture,
LLC
___________________________ __________________________ Patrick Prescott
Community Development Director
__________________________
Name (Please Print or Type)
__________________________
Title
ATTEST: Approved as to Form:
Office of the City Attorney
___________________________ __________________________ Kimberley Clark, City Clerk Lisa Kurihara Senior Assistant City Attorney