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HomeMy WebLinkAboutCity of Tamarac Resolution R-87-294io Temp. Reso. *4781 2 3 4 5 F] LI 8 9 10 11 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-87- , 7 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO A BUS SHELTER AGREEMENT AND ADDENDUM THERETO WITH PUBLIC ADVERTISING, INC.; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City Officials are hereby authorized to enter Into a Bus Shelter agreement and Addendum thereto with Publlc.Advertising, Inc., for erecting and maintaining bus stop shelters within the City, a copy of said Agreement and Addendum being attached hereto as "Exhibit 1" and "Exhibit 2". SECTION 2: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of�, 1987. Q B-EfRNARD HART MAYOR ATTEST: -- CAROL E. BARBUTO CITY CLERK - M YOR:HART I HEREBY CERTIFY that I have pigT: C/M ROHR approved this RESOLUTION as to form. DIST. 2: C/M STELZER 10, DIST. 3: C/M HOFFMAN R I CHARD M . REDNOR DIST. 4: V/M STEIN ACTING CITY ATTORNEY BUS SRELTHR AGU NT THIS Bus Shelter Agreement made and entered into this F Ir day of , 19879 by and between PUBLIC ADVERTISING, INC., (hereinafter referred to as the Company) and THE CITY OF TAMARAC, a Municipal Corporation organized pursuant to the Laws of the State of Florida (hereinafter referred to as Tamarac). W-I TNSSSETH: WHEREAS, the Company is a corporation licensed to do business in the State of Florida; and, WHEREAS, the Company is in the business of erecting and maintaining bus stop shelters for use by the general public within municipal boundaries; and, WHEREAS, Tamarac approved a Resolution pursuant to which the Company shall supply bus shelters; and, WHEREAS, the parties wish to memoralize the terms of their agreement as set forth hereinafter. • NOW, THEREFORE, in consideration of the foregoing, it is stipulated and agreed as follows: I. RECITALS The foregoing recitals are true and correct and form part of the consideration for this Agreement. II. O VANY OBLIGATIONS A. The Company shall erect and maintain bus shelters to be placed at certain designated areas within the City of Tamarac for use by the mass transit public. B. The Company shall erect, install, light, clean and maintain these shelters at no cost to Tamarac. C. By execution hereof, the Company shall. hold Tamarac harmless in connection with any claims or other demands for damages or injuries which may be filed against Tamarac in connection with any injuryor damage arising from the use/location and/or operation of the bus shelters. D. The Company shall coordinate and integrate the bus shelters into the Broward County Mass Transit System. "W OP710ES OF KAHN & OUTTaa SUITE aoa, ENVIRWOOD EXECUTIVE PLAZA. 5000 WEST OAKLAND PARK Sl vc., roar 1AUUMDALE, FL 33313, DROWARD (30%) 466•0000, DARE 9 5) 94"609 E. The Company shall be responsible for all aspects of th shelter operation including, but not limited to the cost of a4au the shelters, the erection of same, maintenance, cleaning, s of electric, obtaining all necessary permits in connection it foregoing and any other obligations in connection with mai to the bus shelters in a clean, well -lit and sightly conditio . F. The Company shall arrange for and pay all obligatioi connection with the supply of electric power to the shelters. III. TAMARAC OBLIGATIONS A. Tamarac shall cooperate with the Company in eonneet on the placement of the bus shelters and shall assist the finding suitable locations for same. B. Tamarac shall allow the placement of advertising on one of the bus shelters as more fully described in the Exhibit atti I,to the Resolution of Tamarac authorizing the placement of sh 11 C. Tamarac shall not interfere with Company's maintenanc, operation of the bus shelters without good cause. D. Tamarac shall assist the Company, if necessary, in ob a the official signature of the appropriate authorities from the Br County Mass Transit Authority in connection with approval of th shelters. E. Tamarac shall not request. demand or claim any compe�s for the term of this Agreement. IV. TSI�I The term of this Agreement shall be for five (5) years t on date of execution. At the and of said term, the parties s enegotiate this Agreement in good faith. V. COMPENSATION Tamarac acknowledges that the Company shall have a subs an apital outlay in connection with the supply, erection, insta la nd maintenance of the bus shelters. Accordingly, Tamara s ake no claim of any nature in connection with all or any par ny revenues derived by the Company from the placement of adve ti n the side of the bus shelters during the Term of this Agr em, us •ng ly he Ong in th in de ed s* nd ng • rd us on e l SUITE 3 LAw OF F11=6 Or KAIIN & GvrrIMR V EXECUTIVE PLAZA. 5050 WEST CAKLAND PARK BLVD.. FORT LAUDEROALE. FL 33313. PROWAND MOa1 400411850, 0 r MI. AUTHORITY. By execution hereof, the person signing on behalf of Tamarac acknowledges that all appropriate Municipal Resolutions have been executed in connection with validation of this Agreement and that the person signing it has the authority on behalf of Tamarac to execute same, A. This Agreement shall be governed pursuant to the Laws of the State of Florida. B. This Agreement constitutes the entire Agreement between the parties. No prior representatations,covenants or considerations shall be deemed applicable or binding unless specifically set forth herein. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: Signed, sealed and delivered in the presence of: • ATTEST: C TY MANAGER 7'0 KFc 1-y ATTEST: �g� Ze--'C-� CITY CLERK 07tRoc. 46, BAA 7b THE CITY OF TAMARAC FA.IN.WT4 DATE:. DATE: Approved as to form By. CITY ATTORNEY PUBLIC , ib 40 By tTISI!F7,/7NC. rixed ,5X14161 i ADDENDUM TO =8 SHELTER AaUZMENT zit, THIS Addendum made and entered into this day of , 1987, by and between PUBLIC ADVERTISING, INC., (hereinafter referred to as the Company) and THE CITY OF TAMARAC, a Municipal Corporation organized pursuant to the Laws of the State of Florida (hereinafter referred to as Tamarac). WI TNESSET■: WHEREAS, the parties has entered into a Bus Shelter Agreement on the =day of �.�, 1987; and, WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW, THEREFORE, it is stipulated and agreed as follows: I. RECITALS The Bus Shelter Agreement shall remain in full force and effect . except as may be modified herein. II. 00WANY OBLIGATIONS The Company shall erect and maintain bus shelters to be placed at certain designated areas as per the attached Exhibit "A". Said areas may be increased or decreased bymutual agreem0it of the parties. 111. INDEMNITY Paragraph II (e) is modified to read that the Company shall hold Tamarac harmless in connection with any and all claims or demands for damages or injuries which may be filed against Tamarac in connection with any injury or damage arising from the use, location, erection, maintenance, illumination or operation of the bus shelters including but not limited to reasonable attorney's fees and costs that Tamarac may incur in the event of litigation. ! IV. INSURANCE The Company shall maintain insurance coverage in such amounts and types as may be designated by Tamarac's Risk Manager. V. IKI NTENANCB The Company shall comply with all applicable Municipal Codes with respect to the erection, operation, maintenance, illumination and control of the bus shelters. The Company agrees not t s� this Agreement without the express written consent of Tamarac. YI. MY-COMPLIAMM In the event of non-compliance by Company with either applicable Municipal Codes or terms of this Agreement, Tamarac s give ten (10) days written notice within which Company shall 4ffect compliance. In the event non-compliance continues thereafter T may declare the Company in default of this Agreement. VII. DSFAOLT A. In the event of default by Company, Tamarac shall right to cancel this Agreement or at Tamarac's option t compliance on the part of the Company. In the event TamarA to effect compliance, then any costs or expenses incurred ign any all rac the ect 1locts Tdmki r a c to effect compliance shall be paid within ten (10) days of w i ten notice thereof to Company. Non-payment of any cost and ex e s as charged shall be deemed a material breach. B. In the event Tamarac is in breach of this Agre m n or arbitrarily or unreasonably interferes with the operations by0ojp ny, and said breach or interference continues for ten (10) dah s I41fter written notice, then and in that event, Company may declare Tamarac in breach of this Agreement. l'�95li� +.��1 The term of this Agreement for five (5) years fromjdalto of execution. In the event this contract is not renewed at the +00 of its term. Company shall have ninety (90) days within which to dither remove the existing bus shelters or make other arrangements or their disposition which other arrangements must meet with the approval of Tamarac. The parties agree that commencing October 1, 1990, Company sl�al l pay to Tamarac Twenty -Five and no/100 ($55.00) Dollars per mon 11 for each shelter on which advertising is placed for which Company eol 1 cts the contracted for monthly rental. In the event of non-payment or non -rental with respect to bus shelters, Tamarac shall not receive the above compensation. • 0 iA r ' b. r Compensation shall be paid on the tenth (loth) day of the following month for all shelters on which compensation was due for the previous month. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the day and year indicated below: 0 Signed, sealed and delivered in the presence of: ATTEST= ATTEST: CITY CLERK 6,f 6L E; 61145VM CJ p 1111 j��Jjjyppm-% 'r THE CITY OF TAMARAC B4dHfiRr MAYOR F DATEP/10, /I,, B CI NAGER �* K�cr- DATE: h,If 7 Approved�� form By rtcr-11V &CITY ATTORNEY Rr � ►�R v cflNa r2 PUBLI ADVERTISING, INC. By LISI Y GOL , orized resent tive.