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2002_1202_packet
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2002_1202_packet
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Section 19. City Responsibilities. <br />The City shall provide franchisees with a11 available information, which is relevant to the <br />Transit Shelter Program together with the necessary guidance and direction to achieve the <br />Program's objectives. In consideration of the City's use of the transit shelters at no cost, <br />the City hereby assures access to and use of the nearest electrical power and waives all <br />permit and use fees for each transit shelter covered by this Ordinance. Provided that each <br />transit shelter complies fully with the provisions of this Ordinance and a11 applicable <br />provisions of the City's Municipal Code, a11 necessary permits for the installation and/or <br />maintenance of the transit shelters shall be granted by the City. The process for obtaining <br />such permits shall be expedited by all city departments to assure that shelters are installed <br />within one hundred eighty (180) days. <br />Section 20. (Reserved). <br />Section 21. Assignment or Transfer. <br />A franchisee shall not assign or transfer its rights, duties and obligations under the <br />franchise, in whole or in part, without first obtaining the written consent of the City, <br />provided, however, that the City's consent shall not be required with respect to any <br />assignment by the franchisee to any person or entity that controls, is controlled by, or <br />under common control with the franchisee or which merges with or into the franchisee or <br />acquires substantially a11 of the assets of the franchisee. <br />Section 22. Performance Bond or Optional Letter of Credit. <br />In addition to the cash escrow provided in Section 17 hereof, a franchisee shall post with <br />the City a performance bond guaranteeing its performance of the obligations of the <br />franchise, as created by this ordinance, and the ordinance granting the particular <br />franchise. The amount of the bond shall be as specified in the Ordinance granting the <br />particular franchise. The bond shall be issued by a company licensed to do business in <br />Minnesota, and sha11 be in a form acceptable to the City Attorney. In lieu of the <br />performance bond the franchisee may elect to give the City a letter of credit in the bond <br />amount issued by a bank in the metropolitan area. The letter of credit sha11 provide that it <br />may be drawn upon under the same circumstances as a surety would be subject to a claim <br />under its performance bond, except that the letter of credit sha11 be subject to a draw <br />without any previous demand upon, or notice to the franchisee. The letter of credit shall <br />also be subject to a draw if it is effective for a limited term and is not replaced by a <br />replacement letter of credit at least thirty (30) days before expiration. The letter of credit <br />shall also be in a form approved by the City attoi�ley and sha11 be on file with the City <br />Manager and remain so until three hundred sixty-five (365) days after the expiration or <br />termination of the franchise. <br />
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