HomeMy Public PortalAboutAgreement_2011-10-06_Delorenzo Family Trust_Digital Billboard Advertising and Amortizationr
OFFICIAL BUSINESS
Document exempt from recording
fees pursuant to Cal. Gov. Code § 6103.
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Temple City
9701 Las Tunas Drive
Temple City, CA 91780
ATTN: Community Development Dept.
ATTACHMENT A
COPYof Document Recorded I
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FOR
DIGITAL BILLBOARD ADVERTISING AND
AMORTIZATION AGREEMENT
RIV #4842-7132-3657 v3
by and between the
CITY OF TEMPLE CITY
and
DELORENZO FAMILY TRUST
Dated OCTOBER 6 2011
t
DIGITAL BILLBOARD ADVERTISING AND AMORTIZATION AGREEMENT
This Digital Billboard Advertizing and Amortization Agreement ("Agreement"), which is
dated for reference as indicated on the cover page, is hereby entered into by and between the
CITY OF TEMPLE CITY, a California charter city ("City") and the DELORENZO FAMILY
TRUST ("Digital Billboard Owner") on the following terms and conditions:
RECITALS
A. New outdoor advertizing structures (hereinafter referred to as "billboards") are
prohibited in the City of Temple City except for in the M-1 zone. However, Section 9329 of the
Temple City Municipal Code allows existing legal non -conforming billboards to be upgraded
and modernized subject to a Conditional Use Permit.
B. A legal non -conforming billboard currently exists on the Property ("Existing
Billboard"), as well as a self -serve car wash and automobile repair shop. The Digital Billboard
Owner has applied for and obtained a Conditional Use Permit to expand and remodel the existing
car wash and repair shop on the Property and to modernize the Existing Billboard as provided for
in Section 9329 of the Temple City Municipal Code ("CUP 11-1777").
C. CUP 11-1777 allows the Digital Billboard Owner to demolish the Existing
Billboard and construct a dual -sided 14'x 48' LED digital billboard on the Property ("Digital
Billboard").
D. Subsection (B)(4) of Section 9329 requires any person who obtains a Conditional
use permit to modernize an existing billboard to enter into a written agreement with the City
providing for the amortization of the new, modernized digital billboard and the provision of
advertizing space to the City on the new digital billboard.
E. The Digital Billboard Owner is a co-owner of the Property. The Digital Billboard
Owner has submitted proof of the other co -owner's consent to the installation of the Digital
Billboard.
"Action" shall mean any suit (whether legal, equitable, or declaratory in nature),
proceeding or hearing (whether administrative or judicial), arbitration or mediation (whether
voluntary, court-ordered, binding, or non-binding), or other alternative dispute resolution
process, and the filing, recording, or service of any process, notice, claim, demand, lien, or other
instrument which is a prerequisite or prelude to commencement of the Action.
`ilrnortizaSan Period" shall mean the period of time the Digital Billboard Owner is
permitted to use the Digital Billboard, as provided for in Section 2.1 of this Agreement.
"Existing Billboard" shall mean that dual -sided. externally lighted billboard located on
the Property.
Rlv N4842-7132.3657 v3 -1-
"City" shall mean the City of Temple City, a charter city and municipal corporation
formed and existing under the laws of the State of California. The term "City" shall also include
any assignee of, or successor to, its rights, powers, and responsibilities.
"City Manager" shall mean the City Manager of the City and/or any person designated
and authorized by the City Manager to act in the City Manager's capacity with regard to this
Agreement.
"Costs and .Expenses" shall mean court costs, filing, recording, and service fees, copying
costs, exhibit production costs, special media rental costs, attorneys' fees, consultants' fees,
witness fees (both lay and expert), travel expenses, deposition and transcript costs, costs of
preparing notices, claims, and demands, investigation costs, and any other cost or expense
reasonably and necessarily incurred by the party.
"CUP 11-1777" shall mean that Conditional Use Permit obtained by Digital Billboard
Owner for the Project.
'Default" shall mean the failure of a party to perform any material action or covenant
required by and within the time periods provided herein following notice and opportunity to
cure, as set forth in Section 5.1 [Default] of this Agreement. A material violation of a condition
of approval of CUP 11-1777 shall be deemed a default.
"Digital Billboard" shall mean the dual -sided 14' x 48' LED billboard the Digital
Billboard Owner is permitted to construct on the Property after the demolition of the Existing
Billboard pursuant to Conditional Use Permit 11-1777, as depicted on the diagram attached
hereto and incorporated herein by reference as Attachment "C".
"Digital Billboard Owner" shall mean the Delorenzo Family Trust. The term "Digital
Billboard Owner" shall, to the extent such is expressly permitted under this Agreement, include
any assignee of, or successor to, the rights and responsibilities of the Digital Billboard Owner
under this Agreement.
"Effective Date" shall mean the date the Agreement has been formally approved by the
City's governing board and executed by the appropriate authorities of the City and Digital
Billboard Owner.
"Project" shall mean the total project described in CUP 11-1777, as described in more
detail in Attachment "D" hereto.
"Project Approvals" shall mean any land use, development, and building approvals and
entitlements required by the City for the development and construction of the Project, including,
but not limited to, Conditional Use Permit No. 11-1777.
"Property" shall mean those certain parcels of real property located at 5402 Rosemead
Boulevard, Temple City, California, and 9011 Olive Street, Temple City, California and
conunonly known as Assessor's Parcel Numbers 5388-004-014 and 5388-004-017, as more
particularly described in the legal description attached hereto and incorporated herein by
RIV#4842-7132-3657 v3 -2-
reference as Attachment "A" and as depicted on the diagram attached hereto and incorporated
herein by reference as Attachment "B".
"Property Owner" shall mean the Delorenzo Family Trust and the Demarco Family
Trust. "Property Owner" shall include any successors and assignees to the Property Owner's
interests in the Property."
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged, the parties agree as follows:
ARTICLE I - PROVISION OF ADVERTISING SPACE TO CITY
1.1. Advertising Space. Digital Billboard Owner shall make advertising space on the
Digital Billboard available to the City. One slot in the advertising rotation for the Digital
Billboard shall be made available to the City at all times at no cost to tate City. The terms upon
which the Digital Billboard Owner shall make advertising space available to the City are more
fully described in Attachment "E" to this Agreement.
I.I.I. City shall not sell the advertising time it is provided pursuant to this
Agreement to any third parry.
1.1.2. In the event that the Digital Billboard is offline due to general screen
maintenance, screen upgrades or technology failures, there shall be no cant' forward of City
advertising minutes. Any failure to provide the City with advertising space due to general screen
maintenance, screen upgrades or technology failures shall not be deemed a Default under this
Agreement.
1.2. Non -Use By City. City shall notify Digital Billboard Owner of any planned
periods of non-use of its advertising space. Notification shall be given to the Digital Billboard
Owner at least thirty (30) days prior to the commencement of the planned period of non-use.
Digital Billboard Owner may utilize the City's advertising space during any such planned period
of non-use.
1.3. Operation of Digital Billboard. Digital Billboard Owner shall operate the Digital
Billboard in accordance with the Project Approvals, including CUP 11-1777, a copy of which is
attached as Attachment "F" to this Agreement. Advertisements and other content displayed shall
be static images only, motion video is prohibited.
1.4. Local Business Discount. Digital Billboard Owner agrees to offer up to twenty-
five percent (25%) of the available advertising slots on the Digital Billboard, or up to two (2)
slots, whichever is higher, to businesses located in Temple City at a fifty percent (50%) discount
off of the Standard Rate Card price for the advertising slots.
1.5. Advertising Content. Digital Billboard Owner voluntarily agrees to limit the
types of advertising content it will display on the Digital Billboard in the following manner:
RN 44842-7132-3657 v3 -3-
I.S.I. Digital Billboard Owner will not display any advertising content that
contains obscenity, as defined by the United States Supreme Court in Miller v. California (1973)
413 U.S. 15.
1.5.2. Digital Billboard Owner will not display any advertising content that
contains nudity, and all persons depicted on the Digital Billboard shall have their genitalia, pubic
area, buttocks and female breasts from the top of the areola and below, covered completely and
not displayed in a sexually suggestive or prurient manner.
1.5.3. Digital Billboard Owner will not display any advertising for adult oriented
businesses, as that term is defined in Section 9455.2 of the Temple City Municipal Code,
regardless of whether the adult oriented business is located in Temple City or elsewhere.
ARTICLE Il - AMORTIZATION OF DIGITAL BILLBOARD
2.1. Amortization Period. Digital Billboard Owner shall be permitted to use the
Digital Billboard for a period of forty (40) years, commencing on the Effective Date of this
Agreement ("Amortization Period"). Digital Billboard Owner and City agree that this
Amortization Period is anticipated to provide Digital Billboard Owner sufficient time to recoup
its investment in the Digital Billboard. For the duration of the Amortization Period, the Digital
Billboard shall be deemed to be a legal nonconforming sign under the Temple City Municipal
Code and the City shall not seek to remove the Digital Billboard, except as may be provided
under Section 2.3.2 [Early Removal] of this Agreement.
2.2. Maintenance. The Digital Billboard Owner covenants and agrees for itself, its
successors and assigns, and any successor -in -interest to the Digital Billboard, or any part thereof,
that it will, at its sole cost and expense:
2.2.1. Maintain the appearance and safety of the Digital Billboard (including all
improvements and fixtures related thereto) in good order, condition, and repair, and free from the
accumulation of trash, waste materials, and other debris;
2.2.2. Remove all graffiti placed upon the Digital Billboard (including all
improvements and fixtures related thereto) within seventy-two (72) hours of receiving written
notice as provided in this Agreement, or under the City's Municipal Code, from the City. In the
event of a breach of this covenant and of a failure to cure the breach within fifteen (15) days after
service of a written notice by City, the City or its agents, employees and contractors shall have
the right to enter upon the Property and Digital Billboard without further notice and to take such
actions as are necessary to cure the breach. Digital Billboard Owner shall reimburse City for all
costs associated with cure of the breach (including but not limited to, staff services,
administrative costs, legal services, and third -party costs), within fifteen (15) days after service
of a written notice by City. if Digital Billboard Owner fails to pay within the time provided,
such costs shall be a lien upon the Digital Billboard, as provided by California Civil Code §
2881. The City may enforce and foreclose such lien in any manner legally allowed.
2.2.3. Equip the Digital Billboard with automatic dimming capability, and ensure
that the light produced by the Digital Billboard does not exceed 0.3 foot candles over ambient
R1V 94912-)132-3657 v3 -4-
light levels. The light produced by the Digital Billboard shall be measured 250 linear feet
directly in front of each ofthe Digital Billboard's faces at 5 feet above the ground.
2.3. Removal of Sian.
2.3.1. Removal at End of Amortization Period. On or before the expiration of the
Amortization Period, Digital Billboard Owner shall, at its sole cost and expense, remove the
Digital Billboard from the Property to the satisfaction of the City's Community Development
Director (or equivalent department head in the event such title should change).
2.3.2. Early Removal. The City may require that Digital Billboard Owner remove
the Digital Billboard prior to the expiration of the Amortization Period in any of the following
events:
2.3.2.1. Uncured Default. Digital Billboard Owner fails to cure a default
of this Agreement within the time provided for cure under Article V [Default] of this Agreement;
2.3.2.2. Bankruptcy. The filing against Digital Billboard Owner of a
petition in bankruptcy or other similar proceeding under law for relief of debtors or the
involuntary appointment of a receiver, custodian, liquidator or trustee in bankruptcy of Digital
Billboard Owner's Property where such petition or appointment is not vacated or discharged
within sixty (60) calendar days after the filing or making thereof.
2.3.2.3. Insolvency. Digital Billboard Owner becomes insolvent or
voluntarily of involuntarily makes an assignment or transfer for the benefit of creditors other
than the City, and/or the voluntary or involuntary appointment of a receiver, custodian, liquidator
or trustee of Digital Billboard Owner's property.
2.4. Security. Digital Billboard Owner shall purchase and maintain a performance
bond or other security, such as a cash deposit or irrevocable letter of credit, in accordance with
the schedule contained herein, to secure the performance of its obligations under this Agreement.
In the event of an uncured breach of the Digital Billboard Owners' obligations under Sections
2.2 [Maintenance] or Section 2.3 (Removal of Sign] of this Agreement, City may make claim
against or draw upon the bond or other security an amount equal to the costs incurred by City to
remedy the breach.
2.4.1. During the first five years of this Agreement, Digital Billboard Owner shall
purchase and maintain a performance bond or other security in an amount greater than or equal
to five thousand dollars ($5,000).
2.4.2. During the sixth through tenth years of this Agreement, Digital Billboard
Owner shall purchase and maintain a performance bond or other security in an amount greater
than or equal to ten thousand dollars ($10,000).
2.4.3. During the eleventh through fifteenth years of this Agreement, Digital
Billboard Owner shall purchase and maintain a performance bond or other security in an amount
greater than or equal to fifteen thousand dollars ($15,000).
muv "W-7132-3657 v3 -5-
ARTICLE III - COVENANTS RUN WITH THE LAND
3.1. The Covenants set forth herein shall run with the Property and shall be binding
upon Digital Billboard Owner. The Covenants may be enforced by the City. Digital Billboard
Owner shall not challenge the Covenants as set forth in this Agreement or any right of the City
created under this Agreement. Digital Billboard Owner expressly acknowledges and agrees that
the Covenants are reasonable restraints on Digital Billboard Owner's right to own, use, maintain,
and transfer any interest in the Digital Billboard and are not and shall not be construed to be an
unreasonable restraint on alienation.
3.2. The Covenants and provisions of this Agreement do not limit the right of any
mortgagee, or beneficiary under a deed of trust who has provided funds for acquisition of, or
construction of buildings upon the Property to foreclose or otherwise enforce any mortgage or
deed of trust upon the Property or any portion thereof, or the right of any mortgagee or
beneficiary under a deed of trust, to exercise any of its remedies for the enforcement of any
pledge or lien upon the Property; provided, however, that, in the event of any foreclosure under
any such mortgage or deed of trust or a sale pursuant to any power of sale included in any such
mortgage or deed of trust, the purchaser or purchasers and their successors and assigns and the
Property shall be and shall continue to be subject to all of the Covenants and provisions
contained in this Agreement. Upon request of the Digital Billboard Owner, City shall execute
and deliver to Digital Billboard Owner an Estoppel Certificate in favor of an existing or
prospective lender or a proposed assignee of Digital Billboard Owner, which sets forth the
material terms of this Agreement, a representation that this Agreement is in full force and effect,
and that there are no defaults hereunder.
ARTICLE IV - INDEMNITY
4.1. General Indemnity. Except as to the sole negligence, active negligence or
willful misconduct of the City, Digital Billboard Owner expressly agrees to, and shall,
indemnify, defend, release, and hold the City and its officials, officers, employees, agents, and
contractors ham3less from and against any Action, liability, loss, damage, entry, judgment, order,
lien, and Costs and Expenses which arises out of, or are in any way related to, any act or
omission of Digital Billboard Owner, or its officers, directors, employees, agents, or contractors,
connected with the performance under this Agreement, the construction, use, or operation of the
Project or Digital Billboard, notwithstanding that the City may have benefited therefrom, or any
challenge to this Agreement. This Section shall apply to any acts or omissions, will&11
misconduct or negligent conduct, whether active or passive, on the part of Digital Billboard
Owner's officers, directors, employees, agents and contractors. The Parties expressly agree that
any payment, or Costs and Expenses the City incurs or makes to, or on behalf of, an injured
employee under the City's self administered workers' compensation, is included as a loss or
Costs and Expenses for the purpose of this Section. The City shall not be responsible for any
acts, errors or omissions of any person or entity except the City and its officers, agents, servants,
employees or contractors. The Parties expressly agree that the obligations of Digital Billboard
Owner under this Section shall survive the expiration or early termination of the Agreement.
RIV #4142-7132.3657 v3 -6-
ARTICLE V - DEFAULT AND REMEDIES
5.1. Default. In the event of a Default, the injured party shall give written "Notice of
Default" to the defaulting party, specifying the Default. Delay in giving such notice shall not
constitute a waiver of the Default. If the defaulting party fails to cure the Default within thirty
(30) days after receipt of a notice specifying the Default, or, if the Default is of a nature that
cannot be cured within thirty (30) days, the defaulting party fails to commence to cure the
Default within said thirty (30) days and thereafter diligently prosecute such cure to completion,
then the defaulting party shall be liable to the injured party for any and all damages caused by
such Default, unless otherwise provided for by this Agreement.
5.2. No Waiver, Failure to insist on any one occasion upon strict compliance with
any of the terms, covenants or conditions hereof shall not be deemed a waiver of such term,
covenant or condition, nor shall any waiver or relinquishment of any rights or powers hereunder
at any one time or more times be deemed a waiver or relinquishment of such other right or power
at any other time or times.
5.3. Specific Performance. The use, maintenance, and removal of the Billboard in
accordance with this Agreement is of a special and unique kind and character and the rights
granted to the City, and its successors and assigns hereunder, are of a similar special and unique
kind and character so that if there is an uncured default by Digital Billboard Owner of this
Agreement, the City, and its successors and assigns, would not have an adequate remedy at law.
Therefore, the City's rights, and those of its successors and assigns hereunder, may be enforced
by an action for specific performance and such other equitable relief as is provided by the laws
of the State of California, In any action seeking enforcement or interpretation of any of the terms
or provisions of this Agreement, the prevailing party shall be awarded, in addition to damages,
injunctive relief, or other relief, and its Litigation Expenses, as provided in Section 5.4.3
[Attorneys' Fees] of this Agreement.
5.4. Leal Actions. In addition to any other rights and remedies, any party may
institute a legal Action to require the cure of any Default and to recover damages for any Default,
or to obtain any other remedy consistent with the purpose of this Agreement. The following
provisions shall apply to any such legal Action:
5.4.1. Jurisdiction an4 Venue. Legal Actions must be instituted and maintained
in the Superior Court of the County of Los Angeles, State of California, Northeast District, or, if
appropriate, in the United States District Court for the Central District of California, Westem
Division. Digital Billboard Owner specifically waives any rights provided to it pursuant to
California Code of Civil Procedure §394 and any federal statute or rule of similar effect.
5.4.2. Applicable Law. The laws of the State of California shall govern the
interpretation and enforcement of this Agreement.
5.4.3. AgREa21's Fees. In the event either party commences an Action against
the other party which arises out of a Default of, breach of, failure to perform, or that is otherwise
related to, this Agreement, then the Prevailing Party (as defined herein) in the Action shall be
entitled to recover its Litigation Expenses (as defined herein) from the other party in addition to
R1V #49427132-3657 v3 -7-
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w h a t e v e r r e l i e f t o w h i c h t h e p r e v a i l i n g p a r t y m a y b e e n t i t l e d . F o r p u r p o s e s o f t h i s s e c t i o n ,
" L i t i g a t i o n E x p e n s e s " i n c l u d e s a l l C o s t s a n d E x p e n s e s , t o t h e e x t e n t s u c h a r e r e a s o n a b l e i n
a m o u n t , t h a t a r e a c t u a l l y a n d n e c e s s a r i l y i n c u r r e d i n g o o d f a i t h b y t h e P r e v a i l i n g P a r t y d i r e c t l y
r e l a t e d t o t h e A c t i o n . F o r t h e p u r p o s e s o f t h i s s e c t i o n , " P r e v a i l i n g P a r t y " s h a l l h a v e t h e m e a n i n g
a s c r i b e d i n � 1 0 3 2 ( a ) ( 4 ) o f t h e C a l i f o r n i a C o d e o f C i v i l P r o c e d u r e .
5 . 5 . R i e b t s a n d R e m e d i e s a r e C u m u l a t i v e . T h e r i g h t s a n d r e m e d i e s o f t h e P a r t i e s
a r e c u m u l a t i v e , a n d t h e e x e r c i s e b y a p a r t y o f o n e o r m o r e o f i t s r i g h t s o r r e m e d i e s s h a l l n o t
p r e c l u d e t h e e x e r c i s e b y i t , a t t h e s a m e o r d i f f e r e n t t i m e , o f a n y o t h e r r i g h t s o r r e m e d i e s f o r t h e
s a m e D e f a u l t o r a n y o t h e r D e f a u l t b y a n o t h e r P a r t y .
5 . 6 . T e r m i n a t i o n b y C i t y . T h e C i t y m a y t e r m i n a t e t h i s A g r e e m e n t u p o n t h e
o c c u r r e n c e o f a n y o f t h e f o l l o w i n g e v e n t s :
5 . 6 . 1 . D i g i t a l B i l l b o a r d O w n e r ( o r a n y s u c c e s s o r i n i n t e r e s t ) a s s i g n s o r a t t e m p t s
t o a s s i g n t h e A g r e e m e n t o r a n y r i g h t s t h e r e i n i n v i o l a t i o n o f a n y p r o v i s i o n o f t h i s A g r e e m e n t ,
i n c l u d i n g b u t n o t l i m i t e d t o S e c t i o n 6 . 1 [ A s s i g n m e n t ] ;
5 . 6 . 2 . D i g i t a l B i l l b o a r d O w n e r ( o r a n y s u c c e s s o r i n i n t e r e s t ) b e c o m e s i n s o l v e n t
o r D i g i t a l B i l l b o a r d O w n e r ( o r a n y s u c c e s s o r i n i n t e r e s t ) v o l u n t a r i l y o r i n v o l u n t a r i l y m a k e s a n
a s s i g n m e n t o r t r a n s f e r f o r t h e b e n e f i t o f c r e d i t o r s o t h e r t h a n t h e C i t y , a n d / o r D i g i t a l B i l l b o a r d
O w n e r i s s u b j e c t t o t h e v o l u n t a r y o r i n v o l u n t a r y a p p o i n t m e n t o f a r e c e i v e r , c u s t o d i a n , l i q u i d a t o r
o r t r u s t e e o f D i g i t a l B i l l b o a r d O w n e r ' s p r o p e r t y a n d / o r t h e B i l l b o a r d ;
5 . 6 . 3 . N o t w i t h s t a n d i n g S e c t i o n 5 . 1 , i f D i g i t a l B i l l b o a r d O w n e r f a i l s t o p r o v i d e
a d v e r t i s i n g s p a c e t o C i t y a s r e q u i r e b y A r t i c l e I o f t h i s A g r e e m e n t t h e C i t y m a y t e r m i n a t e t h i s
A g r e e m e n t i m m e d i a t e l y ,
5 . 6 . 4 . N o t w i t h s t a n d i n g S e c t i o n 5 . 1 , i f D i g i t a l B i l l b o a r d O w n e r f a i l s t o p r o v i d e
t h e s e c u r i t y r e q u i r e d b y S e c t i o n 2 . 5 o f t h i s A g r e e m e n t t h e C i t y m a y t e r m i n a t e t h i s A g r e e m e n t
i m m e d i a t e l y ;
5 . 6 . 5 . D i g i t a l B i l l b o a r d O w n e r i s o t h e r w i s e i n D e f a u l t o f t h i s A g r e e m e n t a n d f a i l s
t o c u r e s u c h D e f a u l t w i t h i n t h e t i m e s e t f o r t h i n S e c t i o n 5 . 1 [ D e f a u l t ) h e r e o f .
I f , a f t e r t h e o c c u r r e n c e o f a n y o f t h e a b o v e - e n t i t l e d e v e n t s , t h e C i t y e l e c t s , i n i t s
s o l e d i s c r e t i o n , t o t e r m i n a t e t h i s A g r e e m e n t , t h e n a l l r i g h t s o f D i g i t a l B i l l b o a r d O w n e r a n d a n y
p e r s o n o r e n t i t y c l a i m i n g b y o r t h r o u g h D i g i t a l B i l l b o a r d O w n e r a r i s i n g u n d e r t h i s A g r e e m e n t o r
w i t h r e g a r d t o t h e B i l l b o a r d a s m a y a r i s e u n d e r t h i s A g r e e m e n t s h a l l i m m e d i a t e l y c e a s e a n d b e
t e r m i n a t e d , e x c e p t t h a t a n y o b l i g a t i o n s o f t h e D i g i t a l B i l l b o a r d O w n e r t o i n d e m n i t y o r r e i m b u r s e
t h e C i t y o r t h e C i t y s h a l l c o n t i n u e i n f u l l f o r c e a n d e f f e c t a n d t h e C i t y s h a l l h a v e a l l o f t h e
r e m e d i e s t o e n f o r c e a b r e a c h o r a D e f a u l t o f t h i s A g r e e m e n t a s m a y b e p r o v i d e d h e r e u n d e r a n d
u n d e r t h e l a w .
A R T I C L E V I - G E N E R A L P R O V I S I O N S
6 . 1 . A s s i g n m e n t . D i g i t a l B i l l b o a r d O w n e r s h a l l m a k e n o a s s i g n m e n t , c o n v e y a n c e , o r
o t h e r t r a n s f e r ( " A s s i g n m e n t " ) o f a n y o f i t s r i g h t s o r o b l i g a t i o n s u n d e r t h i s A g r e e m e n t , w i t h o u t
R I V 0 4 8 4 2 . 7 1 3 2 - 3 6 5 7 0 - 8 -
first obtaining the City's written consent, which consent the City will not unreasonably withhold,
provided the assignment is necessary to effectuate the intent of the Agreement, to facilitate a sale
of the Digital Billboard Owner's interest in die Digital Billboard, to effectuate an estate plan of
the Digital Billboard Owner, and/or the assignee is determined by the City, in its sole discretion,
to be capable of carrying out the purpose and intent of the Agreement. Notwithstanding the
foregoing, no transfer of Digital Billboard Owner's rights hereunder to an affiliate entity or
entity owned or controlled by the Digital Billboard Owner or any of its trustees or beneficiaries
shall be deemed an assignment hereunder.
6.2. Non-Iiability of City Officials and Employees. No board member, official,
consultant, attorney, or employee of the City shall be personally liable to Digital Billboard
Owner, or any successor, or assign, or any person claiming under or through them, in the event
of any Default or breach by the City or for any amount which may become due to Digital
Billboard Owner or to its successor, or on any obligations arising under this Agreement.
6.3. Conflicts of Interest. No City Council member, official, consultant, attorney, or
employee of the City shall have any personal interest, direct or indirect, in this Agreement nor
shall any such member, official or employee participate in any decision relating to this
Agreement which affects his or her personal interests or the interests of any corporation,
partnership or association in which he or she is, directly or indirectly, interested.
6A. No Third Party Beneficiaries. This Agreement is for the sole and exclusive
benefit of the City and Digital Billboard Owner. No other parties or entities are intended to be, or
shall be considered, a beneficiary of the performance of any of the parties' obligations under this
Agreement.
6.5. Integration. This Agreement consists of pages I through 11, inclusive, and
Attachments "A" through "F" attached hereto and incorporated herein by this reference, which
constitute the entire understanding and agreement of the parties and supersedes all negotiations
or previous agreements between the patties with respect to all or any part of the subject matter
hereof.
6.6. Recitals and Definitions. The Recitals and Definitions set forth at the beginning
of this Agreement are a substantive and integral part of this Agreement and are incorporated by
reference in the Operative Provisions of this Agreement.
6.7. Titles and Captions. Titles and captions are for convenience of reference only
and do not define, describe or limit the scope or the intent of this Agreement or any of its terms.
Reference to section numbers are to sections in this Agreement unless expressly stated otherwise.
6.8. Interpretation. The City and Digital Billboard Owner acknowledge that this
Agreement is the product of mutual arms-length negotiation and drafting and each represents and
warrants to the other that it has been represented by legal counsel in the negotiation and drafting
of this Agreement. Accordingly, the rule of construction, which provides the ambiguities in a
document, shall be construed against the drafter of that document shall have no application to the
interpretation and enforcement of this Agreement. In any Action or proceeding to interpret or
enforce this Agreement, the finder of fact may refer to such extrinsic evidence not in direct
R1V 94842.7132-3657 A -9- _
conflict with any specific provision of this Agreement to determine and give effect to the
intention of the parties hereto.
6.9. Severability. Each provision, tern, condition, covenant, and/or restriction, in
whole and in part, in this Agreement shall be considered severable. In the event any provision,
term, condition, covenant, and/or restriction, in whole and/or in part, in this Agreement is
declared invalid, unconstitutional, or void for any reason, such provision or part thereof shall be
severed from this Agreement and shall not affect any other provision, term, condition, covenant,
and/or restriction of this Agreement and the remainder of the Agreement shall continue in full
force and effect.
6.10. Amendments to Agreement. Any amendments to this Agreement must be in
writing and signed by the appropriate authorities of the City and Digital Billboard Owner.
6.11. Administration. Following approval of this Agreement by the City Council, the
City shall exercise its rights, perform its obligations, and otherwise administer this Agreement
through the Office of the City Manager. The City Manager shall have the authority to issue
interpretations and to snake minor amendments to this Agreement on behalf of the City provided
such actions do not materially increase the obligations of the City or Digital Billboard Owner,
make a commitment of funds to be paid by or costs to be incurred by the City, or result in a
discretionary extension of time in excess of thirty (30) days. All other Changes,_ modifications,
and amendments shall require the prior approval of the City Council.
6.12. Notices, Demands and Communications Between the Parties. Formal notices,
demands and communications between the parties shall be given in writing and personally
served or dispatched by registered or certified mail, postage prepaid, return receipt requested, to
the principal offices of the parties, as designated in this Section, or telefaxed to the facsimile
number bated below followed by dispatch as above described. Sucli written notices, demands,
and communications may be sent in the same manner to such other addresses as either party may
from time to time designate by mail as provided in this Section. Any such notice shall be deemed
to have been received (i) upon the date personal service is effected, if given by personal service,
(ii) upon the expiration of one (1) business day, if telefaxed, or (iii) upon the expiration of three
(3) business days after mailing, if given by certified mail, return receipt requested, postage
prepaid.
If notice is to be made to the Citv:
City of Temple City
Attn: City Manager
9701 Las Tunas Drive
Temple City, California 91780
Facsimile transmission may be made to: (626) 285-8192
With a copy to:
Burke, Williams & Sorensen, LLP
Attn: Eric S. Vail, Temple City City Attorney
RIV 64942-7132-3657 v3 -10-
2280 Market Street, Suite 300
Riverside, California 92501
If notice is to be made to Digital Billboard Owner:
Delorenzo Family Trust
2566 Wagon Train Lane
Diamond Bar, CA 91765
Facsimile transmission may be made to: (909) 396-0830
6.13. Computation of Time. The time ]n which any act is to be done under this
Agreement is computed by excluding the first day (such as the day escrow opens) and including
the last day, unless the last day is a holiday or Saturday or Sunday, and then that .day is also
excluded. The term "holiday" shall mean all holidays as specified in Government Code § 6700
and § 6701. If any act is to be done by a particular time during a day, that time shall be Pacific
Standard Zone time.
6.14. Authority. The individuals executing this Agreement on behalf of Digital
Billboard Owner and the instruments referenced on behalf of Digital Billboard Owner represent
and warrant that they have the legal power, right and actual authority to bind Digital Billboard
Owner to the terms and conditions hereof and thereof.
6.15. Counterpart Orieinala. This Agreement may be executed in duplicate originals,
each of which is deemed to be an original.
6.16. Effective Date of Agreement, This Agreement shall not become effective until
the date it has been formally approved by the City's Governing Board and executed by the
appropriate authorities of the City and Digital Billboard Owner.
IN WITNESS 'W1JEREOF, the parties hereto have executed this Agreement on the date
and year first -above written.
CITY-.
CITY OF TEMPLE CITY
sy:
_ 0�—�
Jose Pull
City Manager
ATTEST:
Rlv #4892-7132-3657 v3 _] ]
Mary Flandrick
City Clerk
APPROVED AS TO FORM
By: 5. ) ",Z-,
Eric� 91r, 80 U
A-0 -City Attorney
[Notary Acknowledgement Required]
[Notary Acknowledgement Required)
R1V #3842-7132-3657 v3
DIGITAL BILLBOARD OWNER:
DELORENZO FAMILY TRUST
_12_
ACKNOWLEDGMENT
DIGITAL BILLBOARD ADVERTING AND
Title of Document: AMORTIZATION AGREEMENT
Date of Document: OCTOBER 6, 2011
State of CALIFORNIA
County of LOS ANGELES
On OCTOBER 6, 2011 before me, JANET C. THAM a Notary Public,
personally appeared TONY DELORENZO and ELIZABETH DELORENZO
— -- — --- - who
proved to me on the basis of satisfactory evidence to be the person(s) whose name($) is/are subscribed
to the within Instrument and admwledged to me that hefdWthey executed the same In his/her/their
authorized capacity(ies), and that by his/herMeir signature(s) on the Instnunent the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph Is true and correct
JANET C. 'HAM
WITNESS my offs t O .�
NOTARY COMM.PUBLIC1 29193
`J
IFORNIA
Signature �"'__ Ca4N. LOS ANGELES COUNTY
Name: JANET C. THAM, notary public
(typed or printed)
(Area rmwved for Off" notarial seal)
ATTACHMENT"A"
(Legal Description of Site)
SUBJECT PROPERTY IS SITUATION IN THE STATE OF CALIFORNIA, COUNTY OF
LOS ANGELES AND IS DESCRIBED AS FOLLOWS:
LOT 3, BLOCK C. OF TRACT NO. 11218 AS PER MAP RECORDED IN BOOK 202 PAGES
47 THROUGH 48 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY.
AIV #4942-7131.3657 A - i -
ATTACHMENT 'B"
(Diagram of Site)
ATTACHMENT "B"
(Diagram of Site)
ATTACHMENT "B"
(Diagram of Site)
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ATTACHMENT"C"
(Diagram of Billboard)
ATTACHMENT "C"
(Diagram of Billboard)
ATTACHMENT"C"
(Diagram of Billboard)
RIV #4542-7132-3657 0 -1-
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COMPREHENSIVE SITE PLAN + FLOOR PLAN
TEMPLE CITY GATEWAY same:
1!8 w' -c
BUILDING RE -FACADE & STOREFRONT ADDITION Nadel Architects, Inc.
i
14'.48'LEO Screen
Metal Panels (Frame) - Brushed Finish
Steel Supports - Brushed Finish
Architectural Metal Penab • /
Painted'Pead Cray'
Metal Panels ai Ovedlary-
Paint¢d'Regal
i
WEST Vehicle Service Center. 4 Bays
W
ArtlJlectural hiatal Panel, - Painted'Pead Orgy'
hiatal Panels(Framm)- Brushed Finish r—
. 11 ,s,vca
Molal Canopy - Painted'Cuebm Orange
Channel Letters - Painted 8 Barktit'Regal Blum'
Steel Support.- Brushed Finish
Archhm iota! Melid Pdnels-
Vehicle Car Wean -4 Bays
Al.inumrGlass SloterrontAddYbn- Brushed Finish
Metal Canopy - Painted -C"wC"ar
Steel SvPpan. - Bnrshed Res,
Channui -eaers - Pam1oU 6 Backta'riegaf Blue'
A.M.Oural Metal Pansla
-
Paiamed'Pead Gra'!
SOUTH Vehicle Service Center -4 Says New Stwehonl Aediaan ar Vehicle CWash-4 Bays
BUILDING ELEVATIONS u `
TEMPLE CITY GATEWAY Scale: 1116*.1'-0-
BUILDING RE -FACADE & STOREFRONT ADDITION NadelArchkects, Inc.
ATTACHMENT "D"
(Project I Timeline)
Proiect Summary
Phase I — 5402 Rosemead Blvd. & 9011 Olive Street
• Removal of the Existing Billboard Structure.
• 500 Sqft Storefront Addition & Expansion of Vehicle Service Shop Area
a Complete Re-fagade and Modernization of the Vehicle Service Building and Car Wash
Structure
Phase H — 5402 Rosemead Blvd.
• Installation of a New Dual -Sided Digital Billboard Support Structure
• Installation of the Brushed Aluminum Architectural Billboard Frames.
Installation of the North -bound Facing 14'x 48' Digital Screen (South Elevation).
• Installation of the South -bound Facing Backlit Panaflex Screen (North Elevauon).
Phase III — 5402 Rosemead Blvd.
a Installation of the South -bound Facing 14'x 48' Digital Screen (North Elevation).
Phase IV —5402 Rosemead Blvd. & 9011 Olive Street
• Installation of the "Temple City Gateway" Overhand Spanning from the West -end
Vehicle Service Building Parcel tot eh East -end Car Wash Structure Parcel.
• Installation of the "Temple City Gateway" Channel Letters.
• Installation of Architectural Outdoor Lighting Focused on Illuminating the "Temple City
Gateway" Overhand. Building Elements and Landscaped Areas.
• New Designated Landscaped Areas within the West -end Service Center Building Parcel
and East -end Car Wash Structure Parcel.
Proiect Times
Phase I & II
• Within 12 months commencing upon removal of the existing billboard.
Phases III & IV
• Within 18 months commencing upon removal of the existing billboard.
RIV #4842-7137-3657 v3 -2-
ATTACHMENT "E"
(Media Format and Scheduling)
City of Temple City — Time Allocation
• North -facing and south -facing 14'x48' screens will each be distributing general
advertising of approximately six (6) seconds each slot.
• City shall be granted one (1) out of every eight (8) slots on both the north -facing and
south -facing digital screens.
Custom Template Design
• Digital Billboard Owner will initially design five (5) custom templates for any category
pre -defined by the City (City to provide all artwork and logos).
• The City will have the ability to remotely update the content being broadcasted to each
screen.
Fxample Categories May Include:
• City Events
• City Announcements
• City Activities
• City Civic
• City Community
Pre -Existing Advertisements
• City may distribute any pre-existing advertisement or promotional image.
• Digital Billboard Owner shall prove the City with creative guidelines and specs.
New Content Creation
• Digital Billboard Owner can create additional advertising or promotional ads for the City
at $150 per ad (City to provide all artwork and logos).
Production Deadlines
All files or artwork must be submitted at least five (5) business days prior to run dates.
Monthly Scheduling
• Digital Billboard Owner to deliver all content to the digital billboards based on the
monthly scheduling plan.
• Digital Billboard Owner will allow the City to distribute multiple advertising,
promotional or informational spots within the City's allotted time.
RIy $4942-7131-3657 v3 -3-
ATTACHMENT "F"
(CUP 11-1777)
ATTACHMENT "F"
(CUP 11-1777)
ATTACHMENT "F"
(CUP 11-1777)
Rlv x4642-7132-3657 0 -4-
RESOLUTION NO. 11-2332 PC
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMPLE CITY
APPROVING THE FOLLOWING PROJECT: CUP 11-1777 - A CONDITIONAL USE
PERMIT TO ALLOW THE FOLLOWING IMPROVEMENTS AT PROPERTY
ADDRESSED AS 54D2 ROSEMEAD BLVD. AND 9011 OLIVE ST: 1. CONSTRUCTION
OF A 500 SQUARE FOOT ADDITION TO AN EXISTING AUTO REPAIR BUILDING; 2.
EXTERIOR REMODEL OF AN EXISTING AUTO REPAIR BUILDING; 3. EXTERIOR
REMODEL OF AN EXISTING SELF -SERVE CAR WASH BUILDING; 4.
CONSTRUCTION OF AN ARCHITECTURAL CANOPY SPANNING THE DISTANCE
BETWEEN THE AUTO REPAIR BUILDING AND THE SELF -SERVE CAR WASH
BUILDING; 5. REPLACEMENT OF A 14' BY 48' OUTDOOR ADVERTISING
STRUCTURE (BILLBOARD) WITH A NEW 14' BY 48' DIGITAL LED (LIGHT EMITTING
DIODE) OUTDOOR ADVERTISING STRUCTURE (DIGITAL BILLBOARD). (PIERRE
DELORENZO / DELORENZO & DEMARCO FAMILY TRUSTS) (CUP 11-1777)
The Planning Commission of the City of Temple City does hereby resolve:
SECTION 1. Based upon information presented in a Staff Report dated
September 13, 2011, and based upon a Public Hearing on September 13, 2011 to
consider a Conditional Use Permit, the Planning Commission makes the following
findings:
Conditional Use Permit Findings:
That the site for the proposed use is adequate in size, shape, topography and
circumstances in that the site contains 14,677 square feet of land area, which
is adequate for the proposed project which includes a 500 square foot addition
to an existing auto repair use, exterior improvements to an existing auto repair
use and self -serve car wash, and the upgrade and replacement of an existing
billboard; and
2. That the site does have sufficient access to streets, adequate in width and
pavement type to carry the quantity and quality of the traffic generated by the
proposed use in that the site is accessed by Rosemead Boulevard and from
Olive Street. Rosemead Boulevard is a "primary road" as identified by the
City's General Plan, which will have the capacity to carry the quantitles of the
traffic that will be generated by the proposed uses; and
3. That the proposed use will not have an adverse effect upon the use,
enjoyment or valuation of adjacent or neighboring properties or upon the
public welfare in that the proposed development is consistent with its land
use designation, is consistent with Ordinance No. 11-941 regarding
upgrading existing billboards, and the conditions of approval included for this
project will be more than adequate to address any perceived impacts to the
surrounding neighborhood.
Resolution No. 11-2332 PC
5402 Rosemead Blvd. & go 11 Olive St.
Page 2 of 7
Required Findings Pursuant to Ordinance No 11-941
The outdoor advertising structure must be modernized and upgraded
to meet the criteria listed in Section 9411.1 of the Temple City
Municipal Code, except that:
a. The maximum height of the outdoor advertising structure measured
from grade level of the lot upon which such structure is located to the
highest point of the structure may be up to, but shall not exceed, 45
feet.
Finding: The proposed billboard is 43 feet, 6 inches tall.
b. The outdoor advertising structure may be located within 200 feet of a
residential zone, but only if the existing outdoor advertising structure
is being dismantled and a new structure is being constructed on the
same site and the City determines that the benefit of the new structure
outweighs the impact of Its proximity on the residential zone.
Finding: The existing billboard on the property is being
dismantled and a new digital billboard is proposed to be
constructed approximately 120 feet from R-2 zoned property.
The impact of the proposed new digital billboard on the R-2
zoned property is outweighed by the benefit the new billboard
will provide because the new billboard is more aesthetically
pleasing than the existing billboard and will contribute to the
revitalization of the area surrounding the R-2 property.
The outdoor advertizing structure must be modernized and upgraded
to meet the following requirements in addition to those in Section
9411.1.
a. The outdoor advertising structure must remain in the same location or
be dismantled and a new structure constructed at another location on
the same lot, provided the City determines the new structure provides
public benefits not provided by the old structure. The outdoor
advertising structure shall not be moved to a different lot.
Finding: The existing billboard is proposed to be dismantled and
a new digital billboard is proposed to be located approximately
20 feet north of where the existing billboard is located. The
proposed digital billboard will provide public benefits not
provided by the existing billboard because it will advertise City
events on a rotating basis and will contribute to the overall
revitalization of the area.
Kesolution No. 11-2332 PC
5402 Rosemead Blvd. & 9011 Olive St.
Page 3 of 7
b. The message surface area of the outdoor advertising structure shall
not exceed 700 square feet.
Finding: The proposed billboard screen (each.side) is 672 square
feet
c. The outdoor advertising structure shall be compatible with uses and
structures on the site and in the surrounding area.
Finding: The proposed billboard features a decorative brushed
aluminum frame which will be architecturally compatible with the
remodeled buildings on the site. The proposed billboard is also
compatible with uses and structures in the surrounding area
because it is located in a heavy commercial area.
d. The outdoor advertising structure must display content digitally on an
LED screen or by equivalent technology. Any digital outdoor
advertising structure shall display content for at least 6 seconds
before changing screen displays. No flashing digital content is
permitted.
Finding: The conditions of approval for this project will require
digital content to be displayed for at least 6 seconds and prohibit
flashing content.
e. The outdoor advertising structure shall not create a traffic or safety
problem with regard to on-site access, circulation or visibility.
Finding: The proposed billboard will be located and designed in
such a way to comply with this requirement,.in fact it will be
supported by a single arm which will not interfere with
circulation or visibility.
The outdoor advertising structure shall not interfere with on-site
parking or landscaping required by City ordinance or permit.
Finding: The proposed billboard will be located and designed in
such a way to comply with this requirement, in fact it will be
supported by a single arm which will not interfere with onsite
parking or landscaping.
g. The existing outdoor advertising structure must be capable of being
safely modemized and upgraded or the existing structure must be
completely removed before construction of the new outdoor
advertising structure may commence. If more than six months passes
between the removal of the existing structure and the commencement
Resolution No. 11-2332 PC
5402 Rosemead Blvd & 9011 Olive 51.
Page 4 of 7
of the construction of the new structure, such lapse shall not be
deemed a discontinuance of the utilization of a nonconforming use for
the purposes of Section 9273(A)(3) of this Code.',
Finding: The conditions of approval for the, project require the
existing billboard to be completely dismantled before
construction on the new digital billboard may.commence.
3. If the applicant for a CUP to modernize an existing outdoor advertising
structure does not own the property on which the outdoor advertising
structure is located, the applicant must submit proof of the
landowner's consent to the proposed modernized outdoor advertising
structure.
Finding: The applicant for this project is also one of the property
owners, and all property owners on title will be required to
submit consent.
4. Any person who obtains a CUP to modernize an existing outdoor
advertising structure pursuant to this section shall be required to enter
into a written agreement with the City providing for the amortization of
the outdoor advertising structure and the provision of advertising
space to the City.
Finding: The applicant intends to sign the amortization
agreement approved by the City Council.
SECTION 2. This project should result in no significant effects upon the
environment, a Negative Declaration has been prepared for this Conditional Use
Permit (CUP 11-1777) and the Planning Commission hereby adopts a Negative
Declaration in accordance with the State CEOA Guidelines. The initial statement as
prepared indicates that there is no potential for adverse impact to the environment
as it relates to all wild animals, birds, plants, fish, amphibians and related ecological
communities, including the habitat upon which the wildlife depends for its continued
viability.
SECTION 3. Based upon the above findings, the Planning Commission
hereby approves Conditional Use Permit 11-1777, subject to the following conditions:
1. The proposed development, including the addition to the auto repair building, exterior
improvements to the auto repair building and self serve car wash, and the installation
of the upgraded outdoor advertising structure (billboard) shall be constructed in
substantial compliance with the submitted plans date stamped March 15, 2011.
Resolution No. 11-2332 PC
5402 Rosemead Blvd. & 9011 Olive SI
Page 5 of 7
2. The applicant and/or property owner shall be required to enter into a written
agreement with the City providing for the amortization of the outdoor advertising
structure and the provision of advertising space to the City.
3. The property shall be consistently maintained and kept free of weeds, trash, debris,
abandoned vehicles, vacated equipment, etc. to the satisfaction of the Community
Development Department.
4. Detailed Sign Plans shall be submitted prior to issuance of building permits for all
exterior signage. No "canned" signs shall be allowed at the project site. All onsite
signage shall be in compliance with the City's sign ordinance. All signage reviewed
and approved by the Community Development Department shall require
appropriate Building permits and approvals by the Community Development
Department.
5. Any graffiti or acts of vandalism shall be removed or repaired within 24 hours.
6. A detailed landscape and Irrigation plan prepared by a licensed Landscape Architect
shall be submitted and approved by the Community Development Director or his
designee prior to the issuance of building permits. Said landscaping shall be
continuously maintained.
Street trees and parkway landscaping shall be provided to the satisfaction of the
Community Development Director and parks and Recreation Director.
8. The conditions of approval contained in this Resolution may be enforced by the
Sheriff's Office as well as by City staff. Any violation of any condition is a
misdemeanor and may be processed directly by criminal complaint. The indemnity
and enforcement provisions of the Conditional Use Permit shall also be enforced
as set forth therein.
9. All proposed mechanical equipment should be screened from public view at all times.
The location of such equipment shall be approved by the Community Development
Department.
10. All activities and functions at the site shall be subject to the City's noise Ordinance.
Any violation of the City's noise Ordinance as contained in Sections 9280 to 9282.1
shall be grounds for revocation of this Conditional Use Permit.
11. Disposal of Construction Waste: No construction activity waste material of any kind,
including plaster, cement, paint, mud, or any other type of debris or liquid shall be
allowed to be disposed of in the street or gutter, storm drain or sewer system. All
debris spills shall be removed daily and the subject site shall use necessary dust
control measures. Failure to comply with this condition will result in charges being filed
with the District Attorney. (TCMC 3400-3411)
Resolution No. 11-2332 PC
5402 Rosemead Blvd. 8 9011 Olive St.
Page 6 of 7
12. This Conditional Use Permit shall expire 24 months from the date of approval if said
approval is not exercised within that time. If the project is not commenced prior to the
expiration date, the applicant may apply in writing for an extension of time at least forty
(40) days before the expiration date.
13. Any modification to this application shall require a separate public hearing and a
modification to this Conditional Use Permit.
14. The building construction plans shall include a blue -line sheet(s) showing each page
of this Resolution including all conditions of approval contained herein.
15. This Resolution shall not become valid until such time that the applicant and property
owner has signed a copy of the Resolution acknowledging acceptance of the
Conditions of Approval.
16. Any digital outdoor advertising structure shall display content for at least 6 seconds
before changing screen displays. No flashing digital content is permitted.
17. The existing outdoor advertising structure on the property must be completely
dismantled and removed before construction may commence on a new digital outdoor
advertising structure on the property.
SECTION 4. The Secretary shall certify to the adoption of this Resolution,
and forward a copy to the City Council.
an
I hereby certify that the foregoing Resolution was adopted by the Planning
Commission of the City of Temple City at a regular meeting held on the 13th of September
2011, by the following vote:
AYES: Commissioner- Leung, O' Leary, Seibert
NOES: Commissioner- Horton
ABSENT: Commissioner- Cordes
ABSTAIN: Commissioner- None
S cretary
Resolution No. 11-2332 PC
5402 Rosemead Blvd. & 9011 Olive St.
Page 7 of 7
PP4OVEQ AND CONDITIONS ACCEPTED:
3
DeL ren�Familyrust Date
Pro y Owner
1 e /1!(dalt 64
DeMarco Family Trust Date
erty Owner
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Pierre DeLorenzo *ale
Applicant
P',crre, DaLoreAze CIS AgeA-k For
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DeLor ¢r2o Fw�;\� Trvsfi