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Home My Public Portal AboutAgreement_2014-09-05_Delorenzo Family Trust_Digital Billboard Advertising and Amortization_2nd AmendmentA This page is part of your document - DO NOT DISCARD 20141226403 t f Recorded/Filed in Official Records { Recorder's Office, Los Angeles County, California 11/17/14 AT 08:OOAM P0009 FEES: 0.00 TAXES: 0.00 OTHER: 0.00 PAID: 0.00 IN 11111111111111111111111111111111111111111111111111111111111111111111 LEADSHEET IN I 1111111111111111111111111111111111111111111111 201411170160024 00009853561 I IIIIII VIII VIII VIII IIVI VIII VIII IIII VIII III IIII 006501230 SEQ: 23 DAR - Title Company (Hard Copy) - THIS FORM IS NOT TO BE DUPLICATED t96 - Elm" 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. qql► SPACE ABOVE THIS LINE FOR RECORDING SECOND AMENDMENT TO DIGITAL BILLBOARD ADVERTISING AND AMORTIZATION AGREEMENT by and between the CITY OF TEMPLE CITY and TEMPLE CITY GATEWAY, LLC, ASSIGNEE OF DELORENZO FAMILY TRUST Dated September 5 , 2014 LA #48474442-0380 v2 SECOND AMENDMENT TO DIGITAL BILLBOARD ADVERTISING AND AMORTIZATION AGREEMENT This Second Amendment to Digital Billboard Advertising and Amortization Agreement ("Second Amendment"), 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 TEMPLE CITY GATEWAY, LLC, ASSIGNEE OF DELORENZO FAMILY TRUST ("Digital Billboard Owner"), as follows: RECITALS A. City and Digital Billboard Owner entered into that certain Digital Billboard Advertising and Amortization Agreement on or about October 6, 2011 ("Agreement"). The Agreement was recorded with the Los Angeles County Recorder's Office on October 13, 2011, as Document Number 2011138940. B. City and Digital Billboard Owner subsequently entered into a First Amendment to Digital Billboard Agreement on or about February 5, 2014 ("First Amendment") to (i) add additional information regarding the content and formatting of the City's advertising slots, (ii) add procedures for the submission of advertising slots by the City to Digital Billboard Owner, and (iii) memorialize City's efforts to reasonably mitigate material visual interference to the Digital Billboard occasioned by the City's installation and maintenance of certain street trees, landscaping, and fixtures in the vicinity of the Digital Billboard along Rosemead Blvd. The First Amendment was recorded with the Los Angeles County Recorder's Office on March 10, 2014, as Document Number 20140240738. C. Digital Billboard Owner and City desire to amend the Agreement, as amended by the First Amendment, to reflect an extension of time for Digital Billboard Owner to complete the installation of certain site improvements specified in Attachment "D" (Project/Timeline) to the Agreement and to amend paragraphs "b" and "c" of Section 7.1 "Accommodations by City" of Article VII "Digital Billboard Visibility" added to the Agreement by the First Amendment. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this Second Amendment which modifies and amends the Agreement as follows: 1. AMENDMENT. The Agreement is hereby modified and amended as follows: 1.1 Attachment "D" (Project / Timeline). Attachment "D" (Project / Timeline) of the Agreement is hereby amended as follows: 1.1.1 The "Project Summary" portion of Attachment "D" is amended to include a new clarifying introductory statement to read as follows: LA #4849-4442-0380 Q -1- "Digital Billboard Owner has completed Phases I, II and III of the Project, and shall complete Phase IV within the time required under "Project Times" below. Failure of Digital Billboard Owner to timely satisfy the requirements in this Attachment shall constitute a default pursuant to Section 5.1 (Default) of the Agreement. For purposes of this Attachment, the word "Installation" shall mean that the Digital Billboard Owner shall have completed all construction and installation work for the item and have submitted to City everything reasonably required to obtain a certificate of occupancy or other final City approval for the item." 1.1.2 The "Project Times" portion of Attachment "D" pertaining to "Phase IV" is amended to read as follows: "Phase IV • By July 31, 2016." 1.2 Section 7.1 "Accommodations by City." Paragraphs "b" and "c" of Section 7.1 "Accommodations by City" of Article VII "Digital Billboard Visibility" added to the Agreement by the First Amendment are hereby amended to read as follows: "b. City shall relocate the existing street light located at the corner of Rosemead Boulevard and Olive Street, as provided below and depicted in Attachment B. Upon such relocation, City will have satisfied its obligation to relocate the street light. Digital Billboard Owner consents to the street light's new location, which is on the south side of Olive Street approximately sixty (60) feet east from the end of the existing curb return, and agrees that the relocated street light does not materially impair the visibility of the Digital Billboard. See Exhibit 1, Attachments A & B, to this Second Amendment incorporated herein by reference. Digital Billboard Owner also agrees that City has no obligation to remove the preexisting street light located on the corner of Rancho Real Road and Rosemead Blvd, and that it shall be deemed by the parties to not materially impair the visibility of the Digital Billboard." "c. City will not plant or install any additional trees, landscaping, or fixture in the public right-of-way along Rosemead Boulevard, from Sereno Drive to Broadway Avenue, that will materially impair the visibility of the Digital Billboard. City agrees to remove the two (2) Street Banners (but not the street lights) located in the immediate vicinity of the property along Rosemead Blvd., and depicted in Exhibit 1, Attachment A, to this Second Amendment and incorporated herein by reference, within thirty (30) days of the effective date of this Second Amendment." 2. GENERAL PROVISIONS. 2.1 Remainder Unchanged. Except as specifically modified and amended in this Second Amendment, the Agreement remains in full force and effect and binding upon the parties. LA #4847-"42-0380 v2 -2- 2.2 Integration. This Second Amendment consists of pages 1 through 4 and Exhibits 1 inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this Second Amendment. 2.3 Effective Date. This Second Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Digital Billboard Owner. 2.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Second Amendment. 2.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this Second Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this Second Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above. ATTEST: Peggy KuoO Clity Clerk APPROVED AS F M Eric S. Vail, City Attorney [Notary Acknowledgement Required] LA #4847-4442-0380 v2 -3- CITY: THE CITY OF TEMPLE CITY By: J, P Tracey L. Hause, Acting City Manager DIGITAL BILLBOARD OWNER: TEMPLE CITY GATEWAY, LLC, ASSIGNEE OF D,[6pRENZO FAMILY,TRUST a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF On , ` 2�+efore me _ to me on the basis of satisfactory evidence to b within instr ment and ackn e e to me thatl, capacity, and that by is /t¢ it signature) behalf of which the Derson acted. executed the Ily appeared le6mproved whose names subscribed to the :uted the same in authorized 'ument the person , or the entity upon I certify u d r PEN F PERJURY un the laws of the State of California that the foregoing paragr is true an req . WIT SS nd a o \ a. GINA PEREZ L Signature: COMM. 112025560 03 0 V Notary Public - California y SAN BERNARDINO COUNTY& M Comm. Exp. Ma 21, 2017 OPTIONAL Though the oquired by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER LA #48474442-0380 v2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE NUMBER OF PAGES i:,M01-1&kTl i &- TRI SIGNER(S) OTHER THAN NAMED ABOVE I TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) LA #48474442-0380 v2 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE NUMBER OF PAGES i:,M01-1&kTl i &- TRI SIGNER(S) OTHER THAN NAMED ABOVE I EXHIBIT "1" ATTACHMENT A (Two Street Banners and One Light Pole to be Removed) ATTACHMENT B (Relocation of One Light Pole Removed) IA #4847-0442-0380 Q Street Banner #4.to be Removed don DE, I L77 <=Street wLmove *sTAr Ili O 'I Sixty (60') feet East