HomeMy WebLinkAboutCity of Tamarac Resolution R-87-294io
Temp. Reso. *4781
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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,
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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
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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
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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.
•
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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.