2002-11-21_PWETC_AgendaPacket - Laserfiche WebLink

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The City shall provide Outdoor Promotions with all available information, which is relevant to the Transit Shelter Program together with the necessary guidance and direction to achieve the Program's objectives. In consideration of the City's use of the transit shelters at no cost, the City hereby assures access to and use of the nearest electrical power and waives all permit and use fees for each transit shelter covered by this ~greemen4_ .~~l?X~~~_!h'l!.~~<;h.f!~I1~}~_~"~~J~~~S~J!1P'~i''?~H'' fully with the provisions of this Agreement and all applicable provisions of the City's Municipal Code, all necessary permits for the installation and/or maintenance of the transit shelters hall be granted by the City. The process for obtaining such permits shall be expedited by all city departments to assure that shelters are installed within one hundred eighty (180) days. ARTICLE VIII: REMOVAL OF SHELTERS Outdoor Promotions shall within thirty (30) days after receipt of written notice form the City remove any transit shelters that are located at discontinued bus stop sites. Additionally, Outdoor Promotions shall relocate any transit shelters within thirty (30) days after its receipt of a written request to do so by the City as a result of redevelopment, traffic hazards or changes in bus routes. Any such relocation of a transit shelter shall be to a location mutually agreeable to both parties. Outdoor Promotions shall also have the right to remove any transit shelters upon thirty (30) days written notice thereof to the City in the event that any municipality, state, federal or other governmental authority hereafter imposes any rules, regulations or laws that Outdoor Promotions determines to have the effect of materially diminishing the value of such transit shelter for advertising purposes. ARTICLE IX: ALTERATION OF SERVICES In the event that the City desires at any time to alter or change the nature or character of the services to be provided by outdoor Promotions hereunder and such alteration or change materially increases the costs and expenses to be incurred by Outdoor Promotions or reduces the advertising revenues that can be generated by Outdoor Promotions, such alterations or changes shall not be effective until the City and Outdoor Promotions have mutually agreed to and executed an amendment to this Agreement, which amendment may include an adjustment to the City's fee under Article IV hereof. ARTICLE X: TERMINATION Upon any default or breach of this Agreement by either Outdoor Promotions or the City and if such default or breach continues for a period of thirty (30) days after receipt by the breaching party of written notification thereof, the non-breaching party may terminate this Agreement. Upon termination of this Agreement, Outdoor Promotions shall remove all transit shelters installed by it pursuant to this Agreement, within thirty (30) days of~erminatio~:_____,_.,,-""__" ARTICLE XI: ASSIGNMENT Outdoor Promotions shall not assign or transfer its rights, duties and obligations under this Agreement, in whole or in part, without first obtaining the written consent of the city, which consent shall not be unreasonably withheld, provided, however, that the City's consent shall not be required with respect to any assignment by Outdoor Promotions to any person or entity that controls, is controlled by, or under common control with Outdoor Promotions or which merges with or into Outdoor Promotions or acquires substantially all of the assets of Outdoor Promotions. ARTICLE XII: NONDISCRIMINATION Page4of6