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Home My WebLink About2003 - Outdoor AdsThe City of 7500 WEST 29TH AVENUE WHEAT RIDGE, CO 80215-6713 (303) 234-5900 Ciry Admin. Fax # 234-5924 July 10, 2003 Police Dept. Fax sr 235-2949 Mike Salmon Keith Dillon Outdoor Ads, Inc. 3161 Madison Avenue - R109 Boulder, CO 80303 GWheat 9Ridge Re: City of Wheat Ridge Bus Shelter Contract Gentlemen: This letter is in response to your letter to me dated June 4, 2003. I forwarded a copy of your letter and the contract with Lamar to the city Attorney for review. He has advised that we respectfully disagree with your opinion concerning the validity of the existing contract with Lamar. It is for the parties to the contract alone to determine its validity and the manner in which it is to be performed. For these reasons, the City declines to pursue a contract with your firm at this time. Thank you for your interest in the City. Sincerely, Alan C. White, AICP Community Development Director cc: Jerry Dahl, City Attorney C, RECVCLED PAPEIi Outdoor Ads, Inc. 3161 Madison Ave R109 Boulder, CO 80303 303-807-2585 June 4, 2003 Via: Hand Delivery Mr. Alan C. White, AICP Planning and Development Director City of Wheat Ridge Deaz Darin, Outdoor Ads appreciates the opportunity to work with you and your staff in providing safe and attractive bus benches azound the City. Also, we are dedicated to working with the City of Wheat Ridge and would like to invest in the continued upgrade of the transit system in the City. Attached is an application and proposed contract to replace the RTD bus shelters located in the City along Wadsworth Boulevazd. We haue the verbal approval from Mr. Dave Apadaca with the RTD to proceed with this application. Also, we have researched the existing bus shelter agreement that the City signed with Outdoor Promotions and have determined that the agreement is no longer valid. The agreement automatically terminated when Outdoor Promotions did not build 30 shelters by December 31, 1997. Therefore, we submit this proposal with a design that matches the more modern current shelters placed around the City. We aze working with the same manufacturer that produced the Outdoor Promotions shelters. Tbis replacement project will greatly improve the landscape of the Wadsworth area and generate a revenue stream for the City as well. We look forward to working on this project with you. Please let us know how we can proceed after reviewing the attached application. We can be reached at 303-807-2585 and email kdillion@outdooradsonline.com. 'I'hanks, '^w`e""""" Mike Salmon Keith Dillion President Vice President Cc Darin Morgan, Code Admuustrator City of Wheat Ridge Outdoor Ads, Inc. RTD Bus Stop Shelter Replacement Contract This agreement is made and entered into this _ day of , 2003, by and between the City of Wheat Ridge (hereinafter referred to as "Wheat Ridge") and Outdoor Ads, Inc. (hereinafter referred to as Outdoor Ads). For and in consideration of the mutual covenants and promises of the parties contained herein, and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the City hereby grants to Outdoor Ads an exclusive permit for replacement of bus stop shelters at locations permitted pursuant to this contract. This permit may be revoked by the City upon failure by Outdoor Ads to comply with the terms and conditions hereof. A. Basic Services Outdoor Ads shall provide services, equipment, personnel and management sufficient to provide for the replacement of existing RTD shelters with bus stop shelters that will have space for commercial advertising. Outdoor Ads hereby agrees to perForm all services in accordance with current, applicable statutes, ordinances and regularions with Wheat Ridge. B. Shelters Locations 1. Outdoor Ads shall obtain the ageement of the Regional Transportation District to the removal and storage of existing bus stop shelters (if applicable) owned by the District and located within the City at such time as Outdoor Ads obtains a permit to place a bus stop shelters at these locations. Evidence of such agreement shall be provided to the City on or before thirty (30) days following execution of this contract. 2. Outdoor Ads shali ensure that locations for transit shelters aze safe for transit patrons and meet all federal requirements associated with the American with Disabilities Act. At no time may the bench impede pedestrian, wheelchair or vehicle trauel. 3. Refer to Exhibit A for list of shelter replacements. C. Shelter Specifications 1. The proposed shelters design sha11 match the design of the current advertising shelters located in Wheat Ridge. In addition the replacement shelters will provide more passenger seafing capacity than the current advertising shelters. Specificafions of shelters is provided in Exhibit B. D. Advertising 1. Advertising on shelters shall not contain the following material: a. False, misleading or deceptive b. Related to an illegal activity c. Depicts violence and/or anti-social behavior d. Holds up individuals or groups of people to public ridicule, derision or embarrassment. e. Include language or pictures, which are obscene, vulgar, or profane. 2. Dated Advertising All dated advertising shall be removed promptly after the date cited in the advertising has passed. Such advertising copy sha11 be checked on a monthly basis to be certain dated material is removed promptly. E. Maintenance Requirements 1. Shelters shall be maintained in a safe and clean condition at all times. 2. Graffiri removal within 72 hours of reeeiving a report. 3. Damaged or disfigured shelters shall be repaired by Outdoor Ads after notification by Wheat Ridge. 4. Maintain adequate trained personnel for maintenance work. 5. Outdoor Ads shall furnish all necessary labor, tools, equipment and supplies to maintain the shelters. F. Consideration to Wheat Ridge 1. Outdoor Ads shall pay Wheat Ridge a monthly percentage equal to ten percent (10%) of the gross receipts of Outdoor Ads during the term of this Agreement from advertisements placed by Outdoor Ads in or upon all shelters located within Wheat Ridge under this Agreement. "Gross receipts" as used herein is defined to mean the receipts from gross rentals of all advertising placed in or upon a11 shelters petmitted within Wheat Ridge under this Agreement, less any sales taY and related tases (excluding any state or federal corporate income tas), whether such sales of advertising be evidenced by check credit, charge account, or other exchange. Each charge or sale upon installment or credit shall be treated as a sale far the full price in the month during which Outdoor Ads shall receive payment therefore. Payments shall be made to Wheat Ridge monthly, on or before the 25`h day of the month following the sale. 2. For the purpose of ascertaining the amount payable to Wheat Ridge, Outdoor Ads shall keep at its premises accurate accounts of all gross advertising receipts, with these accounts to be entered in a book of permanent nature. Wheat Ridge shall have the right at all reasonable times to examine the books and rewrds of Outdoor Ads for the purpose of determining the gross receipts. H. Terminarion & Renewal 1. This agreement shall ternunate, at the end of the calendar yeaz (Dec. 31 s`), one year after the year stated above. After expiration of the contract this agreement will continue on a year to year basis. 2. Failure on the part of Outdoor Ads to comply with the provisions of this agreement at any rime shall be sufficient grounds for termination of the agreement by Wheat Ridge provided that Wheat Ridge gives Outdoor Ads sixty days confirined written notice to remedy such failure. If failure to comply with the provision of this agreement is successfully remedied by Outdoor Ads within sixty days of Wheat Ridge's written notice, the termination notice will be withdrawn. I. Insurance & Indemnification 1. Outdoor Ads agrees to cany all insurance, which may be required by Federal and State laws, County and Town ordinances, regulations and codes. 2. OutdoorAds agrees to indemuify and hold hannless the City of Wheat Ridge, its officers, agents and employees from all loss, costs, damages, expenses, or liability which may result from, or arise out of the installation and maintenance of benches. 3. The policy of insurance shall cover all shelters installed by Outdoor Ads. 4. Outdoor Ads agrees to provide and maintain applicable insurance during the life of the agreement. 5. Wheat Ridge shall have no responsibility of liability for such insurance coverage. City of Wheat Ridge By: SignaNre PrintName Tltle: Attest: Signature PrinlName Outdoor Ads, Inc. Keith Dillion Vice President 3161 Madison Ave #R109 Boulder, CO 80303 Exhibit A Proposed Shelter Replacement Locations: Wadsworth Blvd & 44th Ave NE Corner Wadsworth Blvd & 44~' Ave SW Corner 44`t` Ave & Wadsworth Blvd NE Corner 44th Ave & Wadsworth Blvd SE Comer Wadsworth Blvd & 38th Ave NE Comer Wadsworth Blvd & 38h Ave SW Corner 38h Ave & Wadsworth Blvd NE Comer 38`h Ave & Wadsworth Blvd SE Corner 4 Lc ~ a . . ~ *a xo ~ d ~ ~ COMM[RVITY DEVELOPMENT DEPARTMENT Building Permit Number: oF WHEqrP gUILDING INSPECTION LINE - 303-234-5933 Date: ~ m CITY OF WI3EAT RIDGE 7500 WEST 29TH AVENUE WFIEAT RIDGE, CO 80215 - (303-235-2555) COCORPDO , 4-li'i"~s14~3dd ,yHHp~~5,y 5~pO~$ - $ Property Owner. 044doU4 lkJ', ,Z'.vC Property Address: 8 L06'4 T/o-/S- Se_2 iFTTACyE't'/ Phone: 30 3-IFo-7-2 578 5 Contractor License No.: q Company: 0l110P()or1 Phone: OWNER/CON7RACTOR AND AGREEMENT I hereby certify that the setback distances proposed by this permit applicaUOn are accurate, and do not violate applicable ordinances, rules or regula4ons of the CiTy of Wheat Ridge or covenants, euements orrestricNons ofrewrd; thatall measurements shown, and allegations made aze acwrate; that I have read and agree to abide by alt conditlons printed on this applicaAOn and that I assume full responsibiliry for compliance vrith the Wheat Ridge Building Code (U.B.C) and all other applicable VJheat Ridge Ordinances, for work under this pemut. ' (OWNER)(CONIRACTOR):SIGNED&,iy..(%L(pt, DATE~ .103 Construction Value:$ Pemut Fee:$ Plan Review Fee:$ Use Tax:$ Total:$ DESCRIPTION: jlE/✓LIfC?MP~'T OG` 8/1 J'O eUS S/YZ~i15'RJ14',kA4G G/7//S u/USZl /Y /d~/,~V BUII.DING DEPARTMENT USE ONLY SIC: Sq.Ft.: ZONING COMMENTS: - Approval: Zoning: BUILDING COMMENTS: Approval: PUBLIC WORKS COMMENTS: Approval: Occupancy: Walls: Roof: Stories: Residential Units: Electrical License No: Plumbing License No: Mechanical License No: Company: Company: Company: Expirafion Date: Expuation Date: Expuation Date: Approval: Approval: Approval: (7) 17tis peimit was issued in accordavice with the provisions set forth ia yow application and is subject m the ]aws of the State of Coloiado and to the Zoui¢g Regulafions and Buildivg Codes of Wheat Ridge, Colomdo or any otLer applicable ordinances of the City. (2) 17tis pecmit shall eap'ue if (A) the work authonzed is not commenced witLi¢ sixry (60) days from issue date or (B) the building authorized is suspevded or abandoned for a period of 120 days. (3) If Nis permit ezpires, a new pennitmay be acquired for a fee ofone-half the amouut normaily requued, provided no changu Uave been or will be made in theoriginalplansandspeci5cationsavdanysuspensionorabandonmentLasmterzceededone(1)yeav IfcLangeshavebeenorifsuspensionora6audonmeat uceeds one (I) yeaz, tull fees shall be paid for a new pexmit (4) No vrork of any manner shall be done ihat will cLavge the nahual flow ofwater causing a d}ainage problem. (5) ContracWrshall noRfytheBmldingInspectortweuty-four(24)houcsinadvanceforallinspectlonsaudshallmceivewrittenapprovaloniuspeclioncazdbefore proceeding with smcessive pLases of thejob. . (6) 13e issuance of a pecmit m the approval oFdravriugs and speci5catlons sLall not be construed to be a pemiit for, nor an approval of, any violation of the provisions of the building codes or any otLer ord'wance, law, nile or regulation. Chief Building Inspector