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R2024-02 Resolution Authorizing a Redevelopment Agreement with Robinson Outdoor Advertising for Off-Premise Sign - 1321 N. Oakland
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R2024-02 Resolution Authorizing a Redevelopment Agreement with Robinson Outdoor Advertising for Off-Premise Sign - 1321 N. Oakland
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12/6/2024 1:59:52 PM
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Resolution/Ordinance
Res Ord Num
R2024-02
Res Ord Title
R2024-02 Resolution Authorizing a Redevelopment Agreement with Robinson Outdoor Advertising for Off-Premise Sign - 1321 N. Oakland
Department
City Manager
Approved Date
1/16/2024
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placement of this billboard on publicly-owned property is shown on Exhibit D. <br /> 3. PUBLIC BENEFITS. <br /> 3.1.1. Developer shall convey the Route 48 Property to the City after the billboard is <br /> constructed and all Sign Permit inspections are completed and approved. The <br /> Warranty Deed conveying the property to the City and the perpetual easement <br /> granting the Developer maintenance access for the billboard to be recorded after the <br /> sign permit inspections are completed and approved are shown in Exhibit C. The <br /> City shall reserve the right to not accept the property based on the environmental <br /> reports of the property. Should the City not accept the property,the City shall still <br /> have the right to utilize the property as a publicly-owned space, at no cost to the <br /> City. <br /> 3.1.2. The City will receive $15,000 for this agreement which is intended to be used in <br /> this neighborhood to offset the impact of this new sign. The payment shall be <br /> provided within 30 days of the approval of this agreement. <br /> 3.1.3. The City will have the right to display any public service announcement within a <br /> reasonably requested timeframe on any Robinson Outdoor Digital Billboard. <br /> Additionally, the City shall receive free advertising on any vacancies with <br /> Robinson Outdoor Digital Billboards in Decatur and the surrounding area as long <br /> as this billboard is in operation. <br /> 4. DEFAULT AND REMEDIES. <br /> 4.1. General Default by a Party. Except as otherwise provided in this Agreement, if a party <br /> breaches any provision of this Agreement and fails to remedy such breach within thirty(30) <br /> days of notice thereof from the other party(unless such cure is not reasonably possible within <br /> such 30-day period and the breaching party has commenced and is pursuing with reasonable <br /> diligence such cure), the non-defaulting party may institute legal action against the <br /> defaulting party for specific performance, injunctive or declaratory relief, damages, and/or <br /> any other remedy provided by law or in equity. All remedies hereunder shall be deemed <br /> cumulative and not exclusive. In addition to any and all other declarations of default <br /> contained elsewhere in this contract, events of default shall include but not be limited to the <br /> following: <br /> 4.2. Misrepresentation. If any material representation made by the Redeveloper or the City in <br /> this Agreement, or in any certificate,notice, demand or request made by the Redeveloper or <br /> the City in writing and delivered to the other party pursuant to or in connection with any of <br /> said documents shall prove to be untrue or incorrect in any material respect as of the date <br /> made; or <br /> 4.3. Breach. Breach by the Redeveloper or the City of any material covenant, warranty or <br /> obligation set forth in this Agreement. <br /> 5. NOTICE. All notices hereunder shall be in writing and given by personal delivery or sent by (i) <br /> certified mail return receipt requested,postage prepaid, (ii)nationally recognized overnight courier <br /> service, or (iii) electronic mail (e-mail) transmission, to the addresses set forth below (unless <br /> changed in accordance herewith). Notice will be deemed received on the earlier of(a)actual receipt, <br />
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