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HomeMy WebLinkAboutOrdinance No. 2011-1930CITE' OF THE COLONY, TEXAS ORDINANCE NO.. 2011-x193€1 WHEREAS, Chapter 18 of the Code of Ordinances of The City of The Colony authorizes the City Council to approve a license and use agreement for certain uses of the public right-of-way; and WHEREAS, Section 18-29.6 of the City Code of Ordinances authorizes the City Manager to enter into a license and use agreement authorized under that chapter; and WHEREAS, the City Council finds that it is in the best interest of the City to enter into the License and Use Agreement with LMG Ventures, LLC and TXFM, Inc., a copy of which is attached hereto as Exhibit A to this Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CIT'E' COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION L Each and every one of the recitals, findings, and determinations contained in the preamble to this Ordinance, as well as each and every one of the recitals, findings, and determinations contained in Exhibit A attached hereto, are incorporated into the body of this Ordinance as if fully set forth herein and are hereby found and declared to be true and correct legislative findings and are adopted as part of this Ordinance for all purposes. SECTION 2. The City Council hereby approves the License and Use Agreement, a copy of which is attached hereto as Exhibit A, and is incorporated herein for all purposes, and authorizes the City Manager to execute said License and Use Agreement. SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance, or application thereto to any persons or circumstances, is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in conflict with the provisions of this Ordinance be, and the same are hereby amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. 1 1775.010\23604.9 SECTION . This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED D _'~-PFROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, T- S 151' day of November, 2010. J e McCourjy, Mayor AHTFST! Y. Christie Wilson, City Secretary APP- OVE AS TO FORM: Jeff lviome, City Attorney 2 1775.010\2.3644.9 ExhabatA LICENSE AND USE AGREEMENT THIS LICENSE and USE AGREEMENT (this "Agreement'") is made and entered into on this the 15th day of November, 2011, by and between the CITY OF THE COLONY, TEXAS (the "City"), acting by and through its City Manager, and LMG Ventures, LLC, a Texas limited liability company and TXFM, Inc., a Texas corporation (collectively, the "Developer'"), acting by and through its duly authorized representatives. WITNESSETII WHEREAS, Developer intends to develop a mixed use project (the "Project") within the Property described on Exhihit A attached hereto and incorporated herein or all purposes (the "Pro pert and WHEREAS, the Project will be unique to this region and is expected to have a large number of pedestrians and out-of-town visitors; and WHEREAS, due to the unique nature of the Project, the City is willing to allow certain types of signs within the public right-of--way, subject to the restrictions included in this Agreement; and WHEREAS, the City Council finds that the types of signs permitted by this Agreement within the licensed area will enhance the Project and may serve a way finding function for pedestrians and visitors to the Project; and WHEREAS, by the adoption of Ordinance No. 2011-1930, on November 15, 2011, the City Council authorized and directed the City Manager to enter into this Agreement.. NOW THEREFORE, FOR AND IN CONSIDERATION of the mutual agreements contained herein, the parties hereto do hereby agree as follows: I . Purpose. The City hereby grants Developer a non-exclusive license, pursuant to the terms of this Agreement, for the purpose of erecting, altering, maintaining, and removing signs in and over the public rights-of-way within and adjacent to the Property (collectively, the "Licensed Area"). 2. Term. The term of this Agreement shall be from January 1, 2015, through January 1, 2025. The City Manager is directed by the City Council to authorize and enter into extensions of this Agreement for consecutive ten-year periods following the expiration of the initial term of this Agreement unless the City Council by ordinance or resolution directs the City Manager not to execute such an extension. 3. Fee. No fee shall be charged for use of the Licensed Area. If the Developer completes and open for business to the public a mixed-use facility on the Property, which facility License and Use Agreement - Page 1 1775.0 10`-3604.6 will initially include approximately 1,280,000 square feet for warehouse and distribution uses, approximately 25,000 square feet for a regional corporate headquarters, and approximately 546,000 square feet for retail sales to the general public no later than December 31, 2015, subject to "force majeure" delays affecting construction, then Developer's consideration under this Agreement will be satisfied. 4. Restrictions on Signs in Licensed Area. The only signs permitted by this Agreement are described on Exhibit B attached hereto and incorporated herein for all purposes. All signs in the licensed area shall comply with the restrictions set forth on Exhibit B. Developer shall maintain all signs in the public right-of-way in a state of good condition and neat appearance at all times. If any sign within the Licensed Area violates the applicable sign regulations of the zoning district in which it is located or this Agreement at any time, the City Manager or his designee may deliver a written notice of the violation to the Developer, in which case the sign shall be removed or brought into compliance within ten business days after the date of delivery of notice. If the sign is not removed or brought into compliance within such ten-day period, the City may remove the sign, and the Developer shall reimburse the City for its costs to remove the sign. 5. Termination. Either party may terminate this Agreement after six (6) month's written notice of termination has been provided to the other party. If the City terminates this Agreement, its written notice of termination shall be accompanied by a signed ordinance or resolution of the City Council directing the City Manager to terminate this Agreement. 6. Notice. Any notice or other communication required or permitted by this Agreement (a "Notice") is effective when in writing (i) and personally delivered by any nationally recognized delivery service such as 1~edEx or UPS, or (ii) three (3) days after the Notice is deposited with the U.S. Postal Service, postage prepaid, certified with return receipt requested, and addressed as follows or, in the case of a change of address, as provided in a Notice notifying the other Party of such address change. TO THE CITE : Troy Powell, City Manager City of The Colony 6800 Main Street The Colony, Texas 75056 WITH .A COPY TO: Jeff Moore, City Attorney Brown and Hofrneister, L.L.P. 240 East Campbell Road, Suite 800 Richardson, Texas 75081 TO DEVELOPER: LMG Ventures, LLC c/o Mark Murray Glast, Phillips & Murray 14801 Quorum Drive, Suite 500 Dallas, TX 75254 TXFM, Inc. c/o Mark Murray License and Use Agreement - Page 2 WITH COPIES TO: Glast, Phillips & Murray c/o Thomas E. Rosen 14801 Quorum Drive, Suite 500 Dallas, TX 75254 Shupe Ventura Lindelow & Olson, PLLC c/o Misty Ventura 1775.010\23604.6 Glast, Phillips & Murray 9406 Biscayne Blvd. 14501 Quorum Drive, Suite 500 Dallas, TX 75215 Dallas, TX 75254 7. Insurance. Developer shall furnish or cause to be furnished a Certificate of Insurance listing the City as additional insured but only in respect to accidents arising out of the business operations of the named insured within the Licensed Area. 8. Hold armless, Developer shall indemnify and hold hannless the City, its officials, officers, employees, and agents from and against any claims, demands, damages, liability, expenses (including attorney's fees), fines, penalties, suits, proceedings, actions, and causes of action of any and every kind and nature arising or growing out of, or in any way connected with Developer, Developer's officers, employees, participants, agents, invitees, or guests use of the subject property pursuant to the rights granted by this Agreement, except for claims, demands, damages, expenses (including attorney's fees), fines, suits, proceedings, actions and causes of action arising from the negligent or willful act or omission of the City or its contractors, agents, or employees. 9. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. Venue for any action arising under this Agreement shall lie in the state district courts of Denton County, Texas. 10. Asslnment. a. Assignment in Whole or in Part. Developer has the right to assign this Agreement in whole, including all obligations, rights, title, and interests of Developer under this Agreement, and to assign this Agreement in part, with respect to any obligations of Developer under this Agreement, to any affiliate (i.e., an entity that controls, is controlled by, or is under common control with Developer) without the consent of the City. Developer has the right to assign this Agreement in whole, including all obligations, rights, title, and interests of Developer under this Agreement, and to assign this Agreement in part with respect to any obligations of Developer under this Agreement, to any other person or entity with the written consent of the City (which consents shall not be unreasonably withheld, and which consents shall be deemed to have been given if the City does not respond to a request for consent within sixty (60) days after the request is made). All assignments shall be in writing executed by Developer and the assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the obligations, rights, title, or interests being assigned.. A copy of each assignment shall be provided to the City within 30 days after execution. From and after such assignments, the City agrees to loop solely to the assignee for the performance of all obligations assigned to the assignee and agree that Developer shall be released from subsequently performing the assigned obligations and from any liability that results from the assignee's failure to perform the assigned obligations. The City may not assign this Agreement, in whole or in part, or any of its respective rights, title, or interest under this Agreement. b. Exception. Notwithstanding the provisions of Section 10(a), the Developer has the right to make a maximum of five assignments of this Agreement, in whole or in part, to any License and Use Agreement - Page 3 1775.010\23604.6 person or entity without the consent of the City provided the assignment is consistent with this Agreement. All assignments shall be in writing executed by the Developer and the assignee and shall obligate the assignee to be bound by this Agreement to the extent this Agreement applies or relates to the rights being assigned. A copy of each assignment shall be provided to the City within 30 days after execution. From and after such assignment, the City agrees to look solely to the assignee for any performance related to the assigned rights and agree that the Developer shall be released from such performance and from any liability that results from the assignee's failure with regard to such performance. Following the five assignments permitted by this Section 10(b), all partial assignments of rights shall require the written consent of the City (which consents shall not be unreasonably withheld, and which consents shall be deemed to have been given if the City does not respond to a request for consent within sixty (60) days after the request is made). 11. Binding Ob!jgation, This Agreement shall become a binding obligation on the parties upon execution by all signatories hereto or to any assignment hereof, including a partial assignment. 12. Entire _Agreement. This Agreement embodies the entire agreement between the parties and supersedes all prior agreements, licenses, understandings, if any, relating to the Licensed Area and the matters addressed herein and may be amended or supplemented only by written instrument executed by the party against whom enforcement is sought. [Signatures follow on next page] License and Use Agreement - Page 4 1775.0 10\23604,6 EXECUTED this 15th day of November, 2011. License and Use Agreement - Page 5 1775.(] 10`?36Q4.6 EXECt ` 1: this ',t1l day of November, 201 L DEVELOPER: I,i G Ventures, LLC, a Tee as limited liability company .y: Jeff Lin<?r sitent'~ "l X M, Inc., a Texas By: License and Use Agreeanesit - Page G 1775,010',23604,5 E ETI BIT "A" FES AND BOUND DESCRIPTION LEGAL DESCRIPTION TRACT I BEING a 5.02 acre tract of land situated in the B.B.B. & C.R. Survey, Abstract No. 173, City of The Colony, Denton County, Texas, and being part of a tract of land described as Tract. II as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas. Said 5.02 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found 5/8 inch iron rod with KHA cap for corner, being the intersection of the south right-of-way line of State Highway 121 (a variable width R.O.W.) and the southwest right- of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1050.00 feet, a central angle of 50°34' 13" and a long chord which bears South 64°23'31" East, 896.96 feet; THENCE southeasterly, along said southwest right-of=-way line of Plano Parkway and said non- tangent curve to the left, an arc distance of 926.75 feet to a point for comer, being in the north line of a tract of land conveyed by deed to CB/Tittle, Ltd., as recorded in Instrument No. 99- R0007181, Official Public Records, Denton County, Texas; THENCE South 89°58'40" West, leaving said southwest right-of-way line and fallowing along said north line of CB/Tittle tract, at a distance of 1009.25 feet passing the northeast corner of a tract of land described as Tract F3, as conveyed by deed to Castle Hills Property Company, as recorded in Instrument No. 2006-153339, Official Public Records, Denton County, Texas, and continuing with the north line of said Castle Hills Property Company tract, for a total distance of 1210.45 feet to a point for corner; THENCE North 00°25'18" West, with the northernmost east line of said Castle Hills Property Company tract, at a distance of 97.47 feet passing the northernmost comer, and continuing with said south right-of-way line of State Highway 121, for a total distance of 226.47 feet to a point for corner; THENCE continuing with said south right-of-way line of State Highway 121 as follows: North 63°32'06" East, for a distance of 130.52 feet to a point for corner; North 60°22'33" East, for a distance of 80.86 feet to a point for comer; South 29°13'03" East, for a distance of 50.00 feet to a point for corner; North 60°47'38" East, for a distance of 219.64 feet to the POINT OF BEGINNING and CONTAINING 218,740 square feet or 5.02 acres of land, more or less. LEGAL DESCRIPTION T CT 2 BEING a 377.68 acre tract of land situated in the Thomas A. West Survey, Abstract No. 1.344, License and Use Agreement - Page 7 1775.0 10423604.6 the B.B.B. & C.R. Survey, Abstract No. 173, the B.B.B. & C.R. Survey, Abstract No. 1.74 and the M.D.T. Hallmark Survey, Abstract No. 570, City of The Colony, Denton County, Texas, being part of a tract of land described as Tract I as conveyed by deed to Maharishi Global Development Fund, as recorded in Volume 4555, Page 281, Official Public Records, Denton County, Texas, being part of a called 122.8106 acre tract of land conveyed by Correction Deeds to Crow-Billingsley UMF Plano, Ltd., as recorded in Instrument No. 2004-44212, 2004-44213, 2004-44214 and 2004-44218, Official Public Records, Denton County, Texas, and being a part of McKamy Road (an unrecorded right-of-way) SAVE AND EXCEPT those certain tracts of land conveyed in deeds recorded in Volume 5366, Page 977, Instrument No. 2006-49955, 2006- 49957 and 2006-75193, Official Public Records, Denton County, Texas. Said remaining 377.68 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said 377.68 acre tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.Q.W.) and the west right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point); THENCE continuing with said west right-of-way line of Burlington Northern Railroad as follows: THENCE South 06°59'58" East, for a distance of 832.17 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 3703.75 feet, a central angle of 13°04'33" and a long chord which bears South 00°27'42" East, 843.42 feet;. THENCE southeasterly, along said curve to the right, an are distance of 845.26 feet to a point for corner; THENCE South 06°04'35" West, for a distance of 2524.64 feet to a point for corner; THENCE North 83°17'00" West, for a distance of 190.16 feet to a point for corner; THENCE South 00°51'51" East, for a distance of 970.10 feet to a point for corner; THENCE South 89°03'50" West, for a distance of 31.58 feet to a point for conger; THENCE South 01 °14'37" East, for a distance of 448.38 feet to a point for comer, being the northeast corner of a tract of land conveyed by deed to Frankford Road Investors No. 1, as recorded in Instrument No. 2006-49957, Official Public Records, Denton County, Texas; THENCE North 87°06'22" Nest, leaving said west right-of-way line and following along the north line of said Frankford Road Investors No. 1, for a distance of 1240.48 feet to a point for comer, being in the northerly right-of-way line of Plano Parkway (a 100 foot R.O.W.), and being the beginning of a non-tangent curve to the left having a radius of 1130.00 feet, a central angle of 103°16'58" and a long chord which bears North 38°4334" West, 1772.16 feet; THENCE. continuing with said northerly right-of-way line of Plano Load as follows: License and. Use Agreement - Page 8 1775.01 0i23604.6 THENCE northwesterly, along said non-tangent curve to the left, an are distance of 2036.97 feet to a point for corner; THENCE South 89°38'05" West, for a distance of 647.23 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 950.00 feet, a central angle of 40'05'36" and a long chord which bears North 70°19'29" West, 651.29 feet, THENCE northwesterly, along said non-tangent curve to the right, an arc distance of 664.77 feet to a point for corner, being the beginning of a reverse curve to the left having a radius of 1050.00 feet, a central angle of 40'14'10" and a long chord which bears North 70°21'30" West, 722.31 feet; THENCE northwesterly, along said reverse curve to the left, an are distance of 737.37 feet to a point for corner; THENCE South 89°31'25" West, for a distance of 623.83 feet to a point for corner, being the beginning of a tangent curve to the right having a radius of 950.00 feet, a central angle of 52°49'04" and a long chord which bears North 64°04'03''' West, 845.07 feet; THENCE northwesterly, along said curve to the right, an are distance of 875.75 feet to a point for corner, being the most southerly point of a corner-clip with said south right-of- way line of Sam Rayburn Tollway (State Highway 121); THENCE North 08°46'31" East, along said corner-clip, for a distance of 26.03 feet to a point for corner, being in said south right-of-way line of Sam Rayburn Tollway (State Highway 121), THENCE continuing with said south right-of-way line of Sam Rayburn Tollway (State Highway 121) as follows: THENCE North 60°47'38" East, for a distance of 203.71 feet to a point for comer; THENCE North 58°17'36" East, for a distance of 252.11 feet to a point for comer; THENCE North 55°47'40" East, for a distance of 105.11 feet to a point for corner, THENCE North 58°17'42" East, for a distance of 248.62 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 263.85 feet to a point for corner, THENCE North 76°30'51 " East, for a distance of 92.27 feet to a point for corer THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for comer; License and Use Agreement - Page 9 1775.0 10123604.6 THENCE North 64°13'39" East, for a distance of 100.18 feet to a point for corner; THENCE North 60'16'36" East, for a distance of 39.88 feet to a point for corner; THENCE South 74°12'01" East, for a distance of 70.70 feet to a point for corner; THENCE North 60°47'38" East, for a distance of 64.12 feet to a point for corner; THENCE North 15°47'17" East, for a distance of 73.27 feet to a point for comer; THENCE North 59'04'32" East, for a distance of 94.25 feet to a point for comer; THENCE North 55°39'04" East, for a distance of 100.40 feet to a point for corner; THENCE North 47°37'54" East, for a distance of 114.18 feet to a point for comer; THENCE North 60°47'38" East, for a distance of 3800.00 feet to a point for comer; THENCE North 65'20'10" East, for a distance of 189.41 feet to a point for comer; THENCE North 61 °56'23" East, for a distance of 100.02 feet to a point for comer; THENCE North 63'39':23" East, for a distance of 100.12 feet to a point for comer; THENCE North 64°47'53" East, for a distance of 100.24 feet to a point for corner,- THENCE North 66"30'16" East, for a distance of 201.00 feet to a point for corner; THENCE North 65°56'12" East, for a distance of 100.40 feet to a point for comer; THENCE North 66'30'16" East, for a distance of 100.50 feet to a point for comer; THENCE North 63°05'04" East, for a distance of 100.08 feet to a point for comer; THENCE North 64'13'3}" East, for a distance of 100.18 feet to a point for comer; THENCE North 83°05'27" East, for a distance of 69.58 feet to a point for comer; THENCE North 60"39'18" East, for a distance of 33.81 feet to the POINT OF BEGINNING and CONTAINING 16,451,919 square feet or 377.68 acres of land, more or less. License and Use Agreement -Page 10 1775.o 1 0213 04.6 LEGAL DESCRIPTION T T 3 BEING a 51.11 acre tract of land situated in the R.P. Hardin Survey, Abstract No. 611 and the B.B.B. & C.R. Survey, Abstract No. 174, City of The Colony, Denton County, "Texas, and being all of a called 27.073 acre tract of land conveyed by deed to Sealy Spring Creek. Partners, L.P., as recorded in Instrument No. 2007-83136 and all of a called 23.990 acre tract of land conveyed by deed to Whiteford Limited Partners, as recorded in Instrument No. 2004-132215 Official Public Records, Denton County, Texas. Said 51.11 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a found TxDot brass cap in concrete for the northeast corner of said Sealy Spring Creek Partners tract, being the intersection of the south right-of-way line of Sam Rayburn Tollway (State Highway 121) (a variable width R.O.W.) and the west right-of=way line of West Spring Creek Parkway (a 160 foot R.O.W.); THENCE South 29°24'43" East, along said west right-of-way line of West Spring Creek Parkway, for a distance of 265.52 feet to a point for corner, being the beginning of a non-tangent curve to the right having a radius of 970.00 feet, a central angle of 29'1 Y42" and a long chord which bears South 14°53'13" East, 489.48 feet; THENCE southeasterly, along said west right-of=way line and said non-tangent curve to the right, an arc distance of 494.53 feet to a point for corner; THENCE. South 00°22'42" East, continuing along said west right-of-way line, for a distance of 476.17 feet to a point for corner, being the northeast corner of said Whiteford Lin-iited Partners tract; THENCE South 00°2335" East, continuing along said west right-of-way line, for a distance of 864.92 feet to a point for corner, being the northeast corner of Lot 1, Block A, Kings Ridge Addition, Phase Three, an addition to the City of Plano, as recorded in. Cabinet X, Page 450, Plat Records, Denton County, Texas; THENCE South 89°40'20" West, leaving said west right-of-way line, and following along the south line of said Whiteford Limited Partners tract and the north line of said Block A, Kings Ridge Addition, Phase Three, being a common line, for a distance of 1199.93 feet to a point for corner, being the northwest comer of Lot 23 of said Block A, Kings Ridge Addition, Phase Three, being in the east right-of-way line of Burlington Northern Railroad (a 100 foot R.O.W. at this point), and being the beginning of a non-tangent curve to the left having a radius of 3487.75 feet, a central angle of 8°31'36" and a long chord which bears North 01°45'21" West, 518.57 feet; THENCE northwesterly, leaving said common line, and following along said cast right-of-way line of Burlington Northern Railroad and said non-tangent curve to the left, an are distance of 519.05 feet to a point for corner; License and Use Agreement - Page 11 1775.010'23604.6 THENCE North 06'4329" West, continuing along said east right-of-way line, for a distance of 345.89 feet to a point for comer, being the northwest corner of said Whiteford Limited Partners tract; THENCE forth 07°03'01" West, continuing along said east right-of-way line, for a distance of 628.03 feet to a point for comer, being in said south right-of-way line of Sam Rayburn Toliway; THENCE North 60'45'58" East, leaving said east right-of-way line and following along said south right-of-way line of Sam Rayburn Tollway, for a distance of 254.35 feet to a point for corner, THENCE. North 63'19'02 " East, continuing along said south right-of-way line, for a distance of 585.96 feet to a point for corner; THENCE North 601152'09" East, continuing along said south right-of-way line, for a distance of 369.37 feet to the POINT OF BEGINNING and CONTAINING 2,226,193 square feet or 51.11 acres of land., more or less. License and Use Agreement - Page 12 1775.0101236134.6 EXHIBIT PERMITTED SIGN AND APPLICABLE REGULATIONS 1) All signs must meet the regulations of Planned Development District Ordinance No. 2011 1929, adopted on November 15, 2011, as amended., including, but not limited to, the permit requirements of such ordinance. 2) The definitions applicable to signs in Planned Development District Ordinance No. 2011- 1929, adopted on November 15, 2011, as amended, shall apply to this Exhibit B. The following additional definitions shall apply to defined terms on this Exhibit B: a) Banner means a sign attached to or applied on a strip of cloth, vinyl, or similar material and attached to a building or structure, such as a street light pole.. b) Block means an area bounded by streets on all sides. c) Block face means one side of a block. d) Kiosk means a multi-side permanent, freestanding sign designed primarily for the display of information primarily to pedestrians. A kiosk may be designed to allow text, graphics, and other messages to be changed on a regular basis. No permit shall be required to change the messages displayed on a kiosk. 3) The City Manager or his designee shall have the right to review and approve (a) the location of any sign located in or overhanging the public right-of--way to ensure that the sign will not pose a traffic hazard or visibility obstruction; and (b) the method of installing a sign to determine that it is securely anchored and will not present a potential safety hazard to the public. 4) The following types of signs are permitted to be located wholly or partially within the public right-of-way, subject to the restrictions that are noted below: a) Kiosks. Kiosks within the same block face and located in the public right-of-way shall be spaced at least 100 feet apart. No kiosk may exceed ten feet in height or 100 square feet in area. No kiosk may be located within five feet of a vehicular surface. b) Banners on Street Light Poles. Banners are permitted on street light poles as long as (i) the lowest portion of the banner or its hardware is located at least 12 feet above grade, unless it over hangs a roadway, in which case it must be at least 15 feet above grade; (ii) the banner does not project more than three feet from the pole to which it is attached; and (iii) the banner does not exceed 50 square feet in area. c) Banners Crossing the Public Right-of-Way. A maximum of ten banners may be displayed over and across the public right-of-way at any time provided (1) all portions of a banner are located a minimum of 14 feet above all sidewalks and vehicular surfaces; and (ii) such banners are spaced at least 300 feet apart. License and Use Agreement - Page 13 1775.0 4123604.6 d) Projecting Signs. Signs that are attached to buildings and project into the public right-of- way, such as signs on awnings or canopies, are permitted provided (i) no portion of a sign projects into the public right-of-way more than six feet or within three feet of the edge of a vehicular surface, and (ii) a minimum clearance of eight feet is provided between the sign and any pedestrian surface beneath the sign. e) Other Signs in the Right-of-Way. Signs may be displayed on any public sidewalk or any other public pedestrian area within the right-of-way if an unobstructed sidewalk width of six feet is maintained. Such signs shall not exceed 50 square feet in area or ten feet in height. No more than one sign is permitted per block face. 5) No portion of a sign located within the public right-of-way may have moving parts. 6) No portion of a sign may be located on, or overhang, a vehicular surface within the right-of- way except as expressly authorized for banners crossing the public way. License and Use Agreement - Page 14 1775.010'\23604.6 City 'tanager's Fiscal Impact Statement License and Use Agreement November 15, 2011 The fiscal impact schedule for the License and Use Agreement is income neutral for the first three years and no anticipated costs in consecutive years. T owell City Manager