2002-11-21_PWETC_AgendaPacket - Laserfiche WebLink

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2. Maintenance. The transit shelters shall be maintained a minimum of twice weekly with such maintenance to include sweeping, cleaning, emptying trash receptacles, picking-up litter/debris about the shelter'l:~~_~~_~!!l_8.g~'.lffl~!. }:~I'!l()\~~1_9X.i~~_~~~_~1]?W__ ..._.- from sidewalks and the shelter from the sidewalk to the curb in a manner slIch that each shelter shall be fullv accessible within 12 hours ora snow fall or. other weather event... Shelters and sidewalks shall be power-washed at least once each month, weather permitting. 3. Repair and Replacement. Outdoor Promotions shall at its own cost and within forty- eight (48) hours of receipt of notification thereof from the City, repair or replace any damaged or defaced shelters or individual parts thereof. 4. Advertising. Each transit shelter installed by Outdoor Promotions shall contain two panels for advertising displays measuring no more than 48" wide and 72" high either positioned in form a triangle or placed back-to-back on one-way streets. Where the sidewalk is detached and is situated behind the shelter, a third panel will be added on the back ofthe triangle for the City's use for public service announcements. Such displays shall be used solely for advertising materials and/or public service announcements. Outdoor Promotions shall use its best reasonable efforts to obtain revenue-generating advertisements for the two (2) advertising display panels that face the street on each transit shelter, except where the City has the right to utilize a panel for public service announcements. Except with respect to the monthly fee payable to the City pursuant to Article IV hereof, Outdoor Promotions shall have the right to retain all revenues generated from the advertising displays on all transit shelters. Under no circumstances shall any advertising display contain indecent or vulgar pictures, graphics or language or include advertising for any alcohol or tobacco products. Outdoor Promotions further agrees not to display advertising relating to contraception, pornography, politics or religion. Outdoor Promotions agrees to remove within forty-eight (48) hours after its receipt of the City's written notification requesting such removal, any advertisements which the City in its reasonable discretion deems to be offensive, or in conflict with the City's health, safety and welfare concerns. In the event that Outdoor Promotions fails to remove such advertisements within such forty-eight (48) hour period, the City may remove the materials at Outdoor Promotions' sole cost and expense. 5. Location of Transit Shelters: Outdoor Promotions shall erect transit shelters at those locations that are mutually agreed upon by the City and Outdoor Promotions onlv after a oermit must be aooroved bv the Public Works Director as ocr Section 703.05 of the Citv Code. All transit shelters shall be erected on public rights-of-way~ or private property with written authorization from the property owner(s). and shall be subject to all rules, regulations and ordinances governing the use of such rights-of- way. Prior to erecting any such shelters at any locations, Outdoor Promotions shall secure any necessary approval and/or zoning variance that may be required from any governmental entity. ARTICLE III: TERM This Agreement shall remain in full force and effect for a period often (10) years from the date first written above; provided, however, that the City may, at its pleasure, revoke Outdoor Prom Page2of6 r t Deleted: and