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Home My WebLink AboutR-1994-016RESOLUTTON NO. t6_s4 A RESOLUTION OF THE CIry OF DANIA, FLORIDA, APPROVING AGREEMENT BETWEEN THE CITY OF DANIA AND BOB-RAY, lNC., RELATING TO PUBLIC BENCHES; AND PROVID|NG FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CIry COMMISSION OF THE CIry OF DANIA, FLORIDA: Section 1. That that certain agreement between the City of Dania and BOB- RAY, lNC., copy of which is attached hereto as Exhibit "A", be and the same is hereby approved and the appropriate clty officials are hereby authorized to execute same. Section 2. That all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict. Section 3. That this resolution shall be in force and take effect immediately upon its passage and adoption. PASSED and ADOPTED on this 8th day of February ,1994. u Mayor - Commissioner ATTEST: ity Clerk - Au itor APPROVED AS TO FORM & CORRECTNESS By:h-/, c. dr'L.--- Frank C. Adler, City Aftorney AGREEMENT THIS AGREEMENT, made and entered into this day of, 1994, by and between the ClTy OF DANIA, FLORIDA,a municipal corporation, hereinafter referred to as ..City" and BOB-RAY, lNC.a corporataon incorported under the laws of the state of Florida, hereinafterreferred to as "BR", WHEREAS, the CITY OF DANIA, has determined that benchesplaced for the convenience and accommodation of the general travelingpublic provide a public service and fultill a collateral public transportationneed; and WHEREAS, the City is charged with a public interest and,accordingly, as a proprietary function, is desirous of having placed within itscorporate limits, at transit stops and/or other points of pedestrian convenience, benches designed for the benefit of the public health andcomfort in order that such benchee may inure to the convenience of itscitizens; and WHEREAS, BOB.RAY, lNC. ismanufacturing and placing benches uponrights; and engaged inwhich they the business oflease advertising covena nts lollows: NOW, THEREFORE, in consideration of the premises and mutualherein contained, it is hereby understood and agreed upon as 1, BR, their successors and assigns, shall have the right, privilege, and license, granted by the City, to, without cost to the City, place benchesupon the public space within the corporate limits of ttre City (as nowconstituted or hereafter enlarged) at various transit stops and/or other pointsof pedestrian convenience as hereinafter permitted. 2. For and in consideration of the grant ol the above right, privilegeand license BR shall, during the term of said grant and any extensions;rrenewals thereof, place and maintain benches within the corporate limits ofthe City and shall have the further right, privilege and license, granted bythe City, to lease advertising space on said benches, provided that suchadvertasing shall not be of an immoral nature or be otherwise objectionablein the judgment of the City. The City, however, shall not be unreasonable inthe exercise of this iudgment. 3. The placement of benches as provided for herein shal! be subject EXHIBIT .,A" -2- to review by the city so that no bench shall be permitted to obstruct passagealong any public way or to create a hazard or otherwise be detrimental iothe public safety, welfare, morals or health. The City shall have the right, ifa site is undesirable, to designate a new site which is mutually agreed upon. 4. All benches within the corporate limits of the City, as provided forherein, shall be governed by the following criteria: No bench shall be more than forty-three (43) inches high nor more than seventy-four (74) inches long nor more than twenty-eight (28) inches wide. No advertising affixed thereon shalt appear other than on the front or rear surface ol the backrest areaof the bench and shall not be greater than six (6) feetin length nor two (2) feet in height. No bench shall be placed within 350' ol any busshelter with advertising. a b c Should any bench tail to conform to the above criteria or should a_ property_ owner object to the presence of a bench abutting his propertythen the city may order the removal of such bench and, ttrit taiting,-mayremove same at the expense ol BH, 5. BR shall maintain said benches in good and substantial state ofrepair, 6. BR shall at all times maintain public liability insurance and shallprovide the city with a certaficate of insurance as evidence of same; theinsurance shall be in the amount of 9500,000.00 Bodily lnjury and property Damage in the amount of $100,000.00 with an umbrella for Bodily lnjury andProperty Damage combined ol g1 ,000,000.00. 7. The City shall reserve the right to, upon notice to BR, order theremoval of any particular bench which the city in its good iudgment believesnot to be located to the public benefit. Provided however, that the right shallnot be abused by the City. Should BR fail to remove such bench then theCity may remove same at the expense of BR. tr'vHlf,f7 ,,1" 8. The program for the placement and maintenance of benchesestablished by the acceptance of this agreement shall be referred to as BR 10. Should BR be found to be in default of any conditions herein, itshall be given notice in writing and a reasonable time to correct same. lnthe event BR should fail to correct such default within a reasonable timealter receipt of notice of same, the City may, at its option, terminate therights, privileges and license created by the acceptance of this agreement.should such termination duly occur then BR shall be altowed an additionalsix (6) month period to remove their benches. -3- benches. Further, the benches shall remain the sole property of BR andmay be removed by BR upon the expiration of the rights, privileges andlicense granted therein or any extensions or renewals hereof. 9. !t is expressly understood and agreed that the rights, pravalegesand the license granted to BR by the City by the acceptance of thisagreement shall remain in force and effect for a period of three (3) years f rom the date of such acceptance with an automatic option to renew for anadditional two (2) years upon the same terms and conditions set forthherein. 1 1 . Notice o, any deficiency or default of BR shall be given by theCity at their offices by registered certified mail. 12. Should any provision herein be for any reason found to beinvalid, at is understood and agreed that such condition shall not in any wayaffect any other provisaon. 13. BR agrees to pay the City the sum of $5O.OO per bench per yearwithin city Limits during each year of the term of this agreement or l0% ofadvertising revenue, whichever is greater, on a minimum of lsO busbenches, These monies will be paid as follows: BR will send to the City of Dania a check accompanied bya list of locations for said month. These monies wiil bepaid on or before the l0th of the month. a trYF{fg;7,,4" 4- ATTEST: City Clerk APPROVED AS TO FORM AND CORRECTNESS BY: Frank C. Ad1er, City Attorney DATE OF ACCEPTANCE BY CITY OF DANI MAYOR BOBBIE GRACE CITY OF DANIA BY BY BY CITY MANAGER BOB.Y rNc. Ray Tom President 950 NE 40th Court Oakland Park, FL 33334 983-9't 11 RESOLUTION NO. EXHIBIT,.A'' SECTION 1r That the Mayor and City Cl are hereby authorized and 'directed to execute on alf of said City that certain agr ent by BOB- ,/ Y, lNC. relative to bus benches within the Ci SECTION 2: Thar the c 6lerk is hereby directed to forward a certilied copy of thlsre ution, together with a copy of the agreerrent fully executed, to the following: Ray Tomczak, Prepident Bob-Ray, lnc. SECTION 3:That this resolution shal upon its pa6sage. ome effective immediately RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA,FLORIDA AUTHORIZTNG AND DIRECTTNG THE MAYOR AND CITY dLERK TOEXECUTE ON BEHALF OF SAID CITY THAT CERTAIN AGREEMENi BY BOB.RAY, INC. RELATIVE TO BUS BENCHES; AND FOR OTHEB PUiPOSES. \ *rrrhr ry9_ryr VEEEFORE, BE AND tT tS HEREBY RESOLVED By rHE CtrycoMMrss(oN oF THE C|TY OF DAN|A, FLORIDA: PASSED AND ADOPTED THIS (coRPoRATE SEAL) CITY CLERK C]TY COMMISSION DAY OiF , I99