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Section 5. Design. The City hereby approves the design of the transit shelters as more fully delineated in Exhibits B and C, attached hereto and incorporated herein by reference; provided that changes to such design shall be submitted to and approved by the Public Works Director pursuant to Section 1207.10. Section 6. Fee for Franchise. During the initial term hereof, the franchisee shall pay to the City a fee equal to nine percent (9%) of annual gross revenue, based on 13 four-week advertising cycles per year, and as defined in Section 1207.15. Section 7. Construction of Facilities. Subject to unavoidable delays, Franchisee shall construct the facilities described in Sections 4 and 5 hereof within 180 days of the effective date of the grant of the franchise, or the franchise granted hereunder shall be void. For purposes of this Section 7, "una�oidable delays" means unexpected delays which are the direct result of: (a) adverse weather conditions, (b) shortages of materials, (c) strikes, other labor troubles, (d) fire or other casualty, (e) litigation commenced by third parties which, by injunction or other judicial action, directly results in delays, (f} acts of any federal or state governmental unit, including legislative and administrative acts, (g) approved changes to design that result in delays, (h) delays caused by utility companies and (i) any other cause or force majeure beyond the control of the Franchisee that directly results in delays, provided, however, that adverse market conditions affecting the marketability of profitability of the franchise or an inability to secure financing shall not constitute unavoidable delays. Section 8. Performance Bond or Letter of Credit. Pursuant to Section 1207.22, franchisee shall post a performance bond or letter of credit in the amount of $10,000 guaranteeing performance of its obligations under this franchise. Section 9. Effective Date. This ordinance shall take effecting force and be in force after its passage, approval and publication. CITY OF ROSEVILLE, MINNESOTA ACCEPTED BY: Mayor Craig Klausing