HomeMy WebLinkAbout2006 & prior - Outdoor Promotions7500 West 29th Avenue
Wheat Ridge, Colorado 80033
303.235.2846 Fax:303.235.2857
The City of
Wheat Ridge
December 15, 2006
Steve Richards
Outdoor Promotions, Inc.
7100 N. Broadway #7G
Denver, CO 80221
Re: Bus Stop Shelter Agreement
Deaz Mr. Richards:
Outdoor Promotions was the permittee under a Bus Stop Shelter Agreement with the City of Wheat Ridge
dated March 31, 1996 which pernutted Outdoor Promotions to locate bus stop shelters on public rights-of-
way in the City and to place advertising thereon, in return for which a portion of the advertising proceeds
was to be paid to the City.
The Agreement expired on February 28, 2006. The City has issued a request for proposals for the provision
of bus stop shelters within the City and Outdoor Promotions chose not to respond. Instead, Outdoor
Promotions has for the past month been removing shelters throughout the City, despite the fact that the City
stated in a letter dated August 10, 2006 that it would allow the bus stop shelters operated by Outdoor
Promotions to remain at their present locations until such time as a contract with a new permitee was
approved.
The City still expects Outdoor Promotions to continue to fulfill the obligations of the 1996 Agreement,
including making payments as required under pazagraph 8 of the Agreement for advertising revenue received
up until each individual shelter was removed.
Please advise if this letter raises questions.
Since~
l (
Alan C. Wkrite, AICP
Community Development Director
cc: Randy Young, City Manager
7erry Dahl, City Attorney
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031235-2846 Fax: 303/235-2857
The City of
Wheat Rldge
August 10, 2006
Steve Richards
Outdoor Promofions, Inc.
7100 N. Broadway #7G
Denver, CO 80221
Re: Bus Stop Shelter Agreement
Dear Mr. Richards:
As you lmow, Outdoor Promotions is the permittee under a Bus Stop Shelter Agreement with the City of
Wheat Ridge dated Mazch 31, 1996 which permits Outdoor Promorions to locate busstop shelters on public
rights-of-way in the City and to place advertising thereon, in return for which a portion of the advertising
proceeds is paid to the City. A copy of the 1996 Agreement is enclosed for your reference.
Please observe that paragraph 9 of the Agreement provides that its term is ten (10) years, expuing on
February 28, 2006. Although pazagraph 9 provides that the parties may, if they are in mutual agreement,
extend the Agreement for additional five (5) year periods, no discussions on that subject were held between
the CiTy and Outdoor Promotions prior to the February 28, 2006 expiration date and no such extension was
agreed upon. Accordingly, the Agreement has now expired.
In light of the expiration of the Agreement, please accept this letter as.nofice by the City of the termination
of the Agreement by expirafion under its terms.
Please be advised that the City intends to issue a request for proposals for the provision of bus stop shelters
within the City. We expect that request to be published in September of 2006. We encourage Outdoor
Promotions to make applicarion in that process, if you are interested. Meanwhile, the City will allow the bus
stop shelters operated by Outdoor Promorions to remain at their present locations until such rime as a
contract with a new pernuttee is approved. During that time, the City expects Outdoor Promotions to
continue to fulfill the obligafions of the 1996 Agreement, including maldng payments as required under
paragraph 8 of the Agreement. Of course, if Outdoar Promotions submits a response to the request for
proposals and is ulrimately selected, we will enter into a new agreement and the shelters will not need to be
removed at all.
Please advise if this letter raises questions.
xI 4i/
l I
Alan C. White, AICP
Community Development Director
Enclosure: March 31, 1996 Agreement
BUS STOP SHELTER AGREEMENT
THIS AGREEMENT is made as
between the City of Wheat Ridge
and OUTDOOR PROMOTIONS, L.L.C.
"Outdoor Promotions") referred
of the 31st day of March, 1996;
, Colorado (hereinafter "the City")
, a Colorado company (hereinafter
to collectively as "the parties".
1. RECITALS AND PURPOSE
a. The City owns rights-of-way within the City limits in
which streets, curbs, gutters, and sidewalks are
constructed. The City does not own the rights-of-way
upon which the highways o£ the State of Colorado are
constructed, although the City,may own certain property
upon which curbs, gutters, and sidewalks are constructed
and which are adjacent to and front on the rights-of-way
owned by the State of Colorado.
b. Outdoor Promotions desires to use those City rights-of-
way along street frontages within the City for installa-
tion of bus stop shelters that will have space for
commercial advertisement.
c. The City will grant a revocable permit to Outdoor
Promotions under the terms and conditions as hereinafter
specified in this Agreement.
2. GRANT OF PERMIT
For and in consideration of the mutual covenants and promises
of the parties contained herein, and other valuable consider-
ation, the receipt and adequacy of which are hereby acknowl-
edged, the City hereby grants to Outdoor Promotions an
exclusive permit for installation of covered bus stop shelters
at locations permitted pursuant to this Agreement. This
permit may be revoked by the City upon failure by Outdoor
Promotions to comply with the terms and conditions hereof.
3. CONSTRUCTION OF BUS STOP SHELTERS
Outdoor Promotions shall design, provide plans and specifica-
tions for, and erect shelters at certain bus stop locations in
the City of Wheat Ridge, Colorado at locations selected in the
manner set forth at Paragraph 4. The parties contemplate and
intend that at least 30 bus stop shelters shall be erected.
Outdoor Promotions will initially erect thirty (30) shelters
and will only erect additional shelters with the City's
approval. In the event a minimum of 30 shelters have not been
erected on or before December 31, 1997, this Agreement shall
automatically terminate, and, notwithstanding Paragraph 9,
Outdoor Promotions sha11 remove all shelters within 30 days.
A rendering of the standard shelter to be employed within the
GEll\53027\132506.6
City is attached hereto as Exhibit 1 and fully incorporated
herein by reference.
4. LOCATION AND APPROVAL
Outdoor Promotions shall erect all bus stop shelters at
locations mutually agreed upon by both the City and Outdoor
Promotions under the Wheat Ridge Code of Laws § 21-151. The
procedure for obtaining City approval for the location of a
shelter shall be as follows:
a. Outdoor Promotions shall make application for the
placement of a shelter at a stated location, pursuant to
Wheat Ridge Code of Laws § 21-151. The application shall
specifically state whether an RTD shelter is or was
present at the site, and if still present, shall detail
arrangements for removal and storage of the same at no
cost to the City.
b. The application shall describe whether the shelter is to
be lighted, and shall briefly describe the style of the
shelter and which side panels of the shelter will be
devoted to advertising.
c. The City, acting through its Director of Planning and
Development, shall review the application and act to
grant, with or without conditions, or deny. Conditions
of approval may include, without limitation, that the
shelter not be lighted.
d. While Section 21-124(b) of the Code of Laws (made
applicable to bus stop shelters by Section 21-151)
permits courtesy benches in listed zone districts, the
City may grant or deny a permit for the location of a bus
stop shelter for any reason or for no reason.
e. The City may require that Outdoor Promotions construct
shelters at locations specified by the City, which
shelters may not contain advertising, but may be lighted
at the option of the City. Outdoor Promotions sha11
construct one (1) such shelter following the construction
o£ each group of fifteen (15) shelters containing adver-
tising; provided, however, that the first fifteen (15)
shelters containing advertising shall not be subject to
this requirement. The parties may agree to the con-
struction of additional shelters without advertising in
excess of the amounts required hereby, by reducing the
payment to the City under Paragraph 8, or otherwise.
f. Prior to construction of any shelter, Outdoor Promotions
shall post a notice at the proposed shelter location,
advising the public of the proposed shelter construction
and of its right to object to such construction. In the
GED\53027\132506.6 2
event no protest, in the form set forth at subparagraph
(g) hereof, is filed with the City on or before the 25th
day of such posting, construction of the shelter may
proceed.
g. If a majority of the property owners or a majority of
residents within a radius distance of 100 feet in every
direction from any such shelter sign a written petition
objecting to the placement of a shelter at the proposed
location, Outdoor Promotions shall not place a shelter at
that location.
5.
6
PERMISSION OF PROPERTY OFiNER REOUIRED
All bus stop shelters shall be erected on public rights-of-way
along the street frontage. Notwithstanding the above, Outdoor
Promotions may locate bus stop shelters on private property,
provided, however, that Outdoor Promotions shall secure, at
its own expense, written leases, authorizations, or grants of
easement from the owners of such property, with such leases,
authorizations, or grants of easement giving Outdoor
Promotions the right to erect and maintain such bus stop
shelter on the applicable parcel of real estate.
MAINTENANCE
Outdoor Promotions shall make bi-weekly inspections and
service stops of all shelters, and shall maintain all shelters
in good condition, including, but not limited to making all
necessary repairs, graffiti and trash removal, repainting, arid
replacing, at its expense, any advertising signs which have
been damaged or destroyed. Outdoor Promotions shall provide
regular snow removal, power washing, and shall control grass
and weeds within and in the area of the shelter, on a schedule
which shall be supplied to and coordinated with the City's
Department of Public Works. After receiving notice of any
unsanitary or unsightly condition, state of disrepair, defec*,
or dangerous condition existing in any shelter, Outdoor
Promotions agrees to forthwith repair, replace, or remove such
shelter. If Outdoor Promotions breaches this provision
requiring the maintenance of bus stop shelters in good repair
or condition, the City shall have all remedies as are
available for breaches of contract, including the right to
terminate the Agreement. Outdoor Promotions shall pay all
electric expenses and service costs incurred by the use of
electrical lighting. The City agrees to allow and grant to
Outdoor Promotions access to and the right to connect or tap
into any electrical service which is now or hereafter being
furnished to any public street light located in a close
proximity to any shelter, subject to all requirements of the
City for such construction, and provided that Outdoor
Promotions reimburses the City for the reasonable costs of
GED\53027\132506.6 - 3
such electricity consumed in the operation of lighting of any
such bus stop shelters.
7.
Outdoor Promotions shall have the full and exclusive right to
secure commercial advertisement to be displayed in all bus
stop shelters and to receive any monies in revenues derived
therefrom. All advertisements secured by Outdoor Promotions
shall conform to the standard codes of advertising, and
Outdoor Promotions agrees not to display advertising relating
to or displaying promotion of political, alcohol, tobacco,
pornographic, religious controversial, or immoral advertising.
The foregoing sentence is not severable from the remainder of
this Agreement. Should this provision be challenged by
Outdoor Promotions or any third party, and should it be
declared unenforceable or invalid by any court of competent
jurisdiction, this Agreement may, at the City's sole option,
be terminated. All advertising shall be limited to two (2)
panels on the advertising end of each shelter, not to exceed
24 square feet per panel. The back panel of each advertising
end of the shelter shall be made available at no cost to the
City or to other groups or organizations permitted by the
City, for the display of public service information.
8. PAYMENTS
Outdoor Promotions shall pay the City a monthly percentage
equal to ten percent (10°s) of the gross receipts of Outdoor
Promotions during the term of this Agreement from advertise-
ments placed by Outdoor Promotions in or upon all shelters
located within the City under this Agreement. "Gross
receipts" as used herein is defined to mean the receipts from
gross rentals of all advertising placed in or upon all shel-
ters permitted within the City under this Agreement, less any
sales tax and related taxes (excluding any state or federal
corporate income tax), 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 for the full price in the month during which
Outdoor Promotions shall receive payment therefor. Payments
shall be made to the City monthly, on or before the 15th day
of the month following the sale.
9. TERM OF AGREEMENT
The term of this Agreement/Agreement shall be for ten (10)
years, commencing on March l, 1996, and terminating on
February 28, 2006, unless renewed as hereinafter set forth,
provided, however, that the City, pursuant to Section 15.9 of
its City Charter, may, at its pleasure at any time, revoke
Outdoor Promotions' right to use or occupy any portion of any
street, alley or City-owned place. Outdoor Promotions shall
cen\53e27\13250e.6 - 4 -
have the option to extend and renew this Agreement, to the
degree the parties agree on the terms of such extensions, for
three (3) additional periods of five (5) years each. Upon
termination of this Agreement, Outdoor Promotions shall remove
any bus stop shelters that the City has in writing requested
the removal thereof within thirty (30) days and restore the
affected sites to substantially the same condition as before
the construction of the shelter within ninety (90) days after
the date of said termination, all without cost to the City.
Any shelters remaining after that time shall become the
property of the City.
10. MAINTENANCE OF BOOKS
For the purpose of ascertaining the amount payable to the City
under Paragraph 8, Outdoor Promotions shall keep at its
premises accurate accounts of all gross advertising receipts,
with these accounts to be entered in a book of permanent
nature. The City shall have the right at all reasonable times
to examine the books and records of Outdoor Promotions for the
purpose of determining the gross receipts.
11. INSURANCE
Outdoor Promotions shall submit a certificate of insurance for
comprehensive general liability insurance to the City in which
the City is named as an additional insured in the following
minimum amounts:
a. Bodily Injury or Death -$150,000 per occurrence;
$600,000 in the aggregate.
b. Property Damage -$150,000 per occurrence; $600,000 in
the aggregate.
Outdoor Promotions shall maintain such insurance continuously
in force throughout the term of this Agreement and shali
annually on the anniversary date hereof provide to the City a
copy of the current certificate of insurance.
12. COOPERATION WITH REGIONAL TRANSPORTATION DISTRICT
a. Outdoor Promotions agrees that in performing all
obligations, imposed upon it hereunder, including by way
of example and not limitation, the selection of any
proposed location for the placement of a bus stop shelter
and the maintenance of any bus stop shelter, to fully
cooperate with the Regional Transportation District or
successor entity providing substantially the same
service.
b. In cases where existing RTD bus stop shelters are to be
dismantled and replaced with Outdoor Promotion' bus stop
GED\53027\132506.6 - 5
shelter, the new replacement shelter shall automatically
become the property of the City in the event of termina-
tion of this or any future agreement. All other bus stop
shelters will remain the property of Outdoor Promotions.
The City shall have the option to purchase all other
shelters installed by Outdoor Promotions in the event
that Outdoor Promotions or its successors, heirs, or
assigns does not, for any reason, renew an agreement with
the City.
13.
The following are conditions precedent to the effectiveness of
this Agreement:
a. Outdoor Promotions shall obtain the agreement of the
Regional Transportation District to the removal and
storage of existing bus stop shelters owned by the
District and located within the City at such time as
Outdoor Promotions obtains a permit to place a bus stop
shelter at each such location. Evidence of such
agreement shall be provided to the City on or before
thirty (30) days following execution of this Agreement.
b. On or before December 31, 1997, Outdoor Promotions shall
have located a minimum of 30 shelters within the City.
c. Outdoor Promotions shall have posted a performance bond
of $5,000.00 to be retained by the City during the term
of this Agreement to guarantee performance of its
obligations hereunder.
14. INDEMNIFICATION
Outdoor Promotions expressly agrees to indemnify and hold
harmless the City and any of its officers or employees from
any and al1 claims, damages, liability, or court awards,
including costs and attorney's fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed
to have been sustained by anyone, including but not limited
to, any person, firm, partnership, or corporation, in connec-
tion with or arising out of any omission or act of commission
by Outdoor Promotions or any of its employees or agents in
using and occupying any location for a bus stop shelter.
Outdoor Promotions agrees that the City is not and will not
assume any liability, responsibility, or costs for any damage
or maintenance to any structures or improvements erected by
the Permittee under this Agreement.
15. LIMITATIONS OF ACTIONS
Outdoor Promotions agrees that it will never institute any
action or suit at law or in equity against the City or any of
- 6 "
ceD\53027\132506.6
its officers or employees, nor institute, prosecute, or in any
way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages,
loss, or injury either to person or property, or both, known
or unknown, past, present or future, arising from the
revocable permit granted hereby.
16. DEFAULTS; TERMINATION
If either Outdoor Promotions or the City fails, neglects or
refuses to perform any of its covenants, terms and conditions
when and as required under this Agreement, each party shall
have such remedies as are available at law or in equity;
provided, however, that any default in the payment of money
may be corrected within thirty (30) days of its occurrence.
Notwithstanding the foregoing, the City may declare this
Agreement terminated in the event Outdoor Promotions fails to
adequately perform its obligations after thirty (30) days
written notice of such failure.
17. NOTICES
All notices required or allowed to be given under the terms of
this Agreement shall be addressed to the parties, first-class
postage prepaid, as follows:
If to Outdoor Promotions:
1839 East Harmony, U 4
P.O. Box 270807
Fort Collins, CO 80525
If to the City:
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: Public Works Director
With a copy to:
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: City Attorney
18. GENERAL PROVISIONS
This Agreement shall be construed pursuant to the laws of the
State of Colorado and the City of Wheat Ridge. Venue for any
action interpreting or enforcing this Agreement shall be in
the District Court for Jefferson County, Colorado. This
Agreement provides for an independent contractor relationship.
Neither Outdoor Promotions, nor any of its officers, employees
or agents, shall for any purpose be deemed employees, officers
GED\53027\132506.6 - ~
or agents of the City. This Agreement shall not be assigned
by Outdoor Promotions without the prior written consent of the
City, which may withhold its consent for any reason. This
Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, success-
ors, heirs, and assigns; provided, however, that nothing in
this Paragraph shall be construed to permit the assignment of
this Agreement except as otherwise expressly authorized
herein. The City reserves the right to move any bus stop
shelter in an emergency, as determined by the City, or for
maintenance or construction of sidewalks, roadways or other
public utilities. The City is not responsible for losses or
damages to bus stop shelters occasioned by third parties. Any
delays in or failure of performance by any party of its obli-
gations under this Agreement shall be excused if such delays
or failure are a result of acts of God, fires, floods,
strikes, labor disputes, accidents, regulations or orders of
civil or military authorities, shortages of labor or materi-
als, or other causes, similar or dissimilar, which are beyond
the control of such party. This Agreement is intended to
describe the rights and responsibilities only as to the
parties hereto. This Agreement is not intended and shall not
be deemed to confer any rights to any person or entity not
named as a party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first appearing above.
CITY OF WAEAT RIDGE, COLORADO
ATTEST:
By :
Dan Wilde, Mayor
~
\ \ 4
Wanda Sang, Cit'•y Clerk
~
APPROVED AS TO FORM BY CITY
AT
Ge ld E. Dahl, City Attorney
GEll\53027\132506.6 - a
OUTDOOR PROMOTIONS L.L.C.
ATTEST:
gy : `.J, ~r t- ~2-•-t _
Gary D. Yo g, Pr ide CEO
Mark Saymon ~
Office & Personnel Manager
GED\53027\132506.6 - 9
OUTDOOR PROMOTIONS L.L.C.
ATTEST:
By:
Gary D. Young, President/CEO
Mark Saymon
Office & Personnel Manager
- 9 -
csn\53027\132506.6
EXHIBIT 1
Example of Style and Conatruction
of Bus Stop Shelter to be used
in W11eat Ridge, Colorado
H ~Li F~R
C-o Lo tz : U, C- S Z I 8~X
TiR2K 6,KF-al MF- l K1LLl L
1 iS 1R~5~~ ~K ;
= 91CSTAR
~ NRANCE COMPANY 233 MAIN STREEf • P.O. BOX 2350 • NEW BRITAIN, CT 060542350 •(efi0) 2242000
AMENDMENT R/DER
BOND NO:
BOND AMOUNT:
PRINCIPAL:
OBLIGEE:
F15745
$5,000.00
Outdoor Promotion, Inc.
City of Wheat Ridge
This rider is to amend the above-described Bond as follows:
The expiration date of the bond is changing from 04/26104 to 04/26/05.
All other terms and conditions remain unchanged.
Dated and sealed this 11`h Day of June, 2004
ACSTAR Insurance Company ACCEPTED
Citv of Wheat Ridqe
Henry W. 146zko, Jr. Name Obligee
President By ~ n
(
Authorized Official
_A6 C, M tf e • Commum f~ &(ovuwfiArecivr
Print or Type Name and Ti e
/'s&
Date
HWNJR/dlp 7503 ~Z3S°08~&
Phone Number
***Please execute both copies and return one copy fo ACSTAR Insurance Company, 233 Main
Sfreet, New Brifain, CT 06050. If there are any questions, p/ease call phone number (860) 224-
2000. This Ridershall become effecfive upon receipt by Acstar Insurance Company of
Amendment Ridersigned by Obligee
outdoor2 dor
pRomotions, inc.
Steve Richards
V.P. of Business Develop)ment
303-437-8300
cell: 303-877-0571 5724 S. College Ave.
fax: 970-225-1560 fort Collins, CO 80525
Sfichards@Op-inanet http://www,op-inc.net
Outdoor Advertising
12301 N. Grant St. Unit 240
Thornton, CO 80241
Te1:303.280.7000 Ext.21
Cel I: 303.514.0359
Fax:303.280.6777
Email: leasemg 1 17@lamarhq.com
Dave Lawrence Lease Manager
R d4!
outdoo
przomotions, inc_
Apri126, 2004
Alan White
City of Wheat Ridge
Community Development Director
7500 W. 29' Ave
Wheat Ridge, CO 80033
Dear Alan,
I wanted to let you know that Outdoor Promotions, Inc. has successfully completed its acquisition of
Lamar's Bus Shelters in your city and throughout the Metro area. I appreciate your assistance with the
processing of the consent documents.
If you ever have questions, concerns, or any needs, please don't hesitate to call. We value our partnership
with the City of Wheat Ridge and look forwazd to working with you for many years to come.
Sincerely,
C~ /x~v -
Steve Richards
Vice President of Business Development
7100 N. Broadway #9G, Denver, CO 80221 303-431-8300 fax: 303-420223 srichards@op-inc.net
CONSENT
The City of Wheat Ridge, Colorado, hereby consents to:
(i) the assignment of an agreement between the City of Wheat Ridge and Outdoor
Promotions, LLC dated March 31, 1996 (the "AgreemenP'), and assigned to Outdoor Promotions
West, LLC and The Lamaz Corporation (the "Assignor") dated August 6, 1998 which is now
being assigned to Outdoar Promotions, Inc. (the "Assignee");
(ii) the granting of a secwity interest in the Contract by the Assignee to the Assignor to
secure indebtedness of Assignee to the Assignar; and
(iii) should the security interest refened to in (ii) above be foreclosed, the assignment to
or re-acquisition by Assignor.
Date: February 23. 2004 City of
Cerveny,
ATTEST:
City Clerk
~
n
ela : An erson
Approved a
By:
City Attorney
CERTIFICATE OF LIABILITY INSURANCE
. American Family Insurance Company ❑
American Family Mutual Insurance Company if selec[ion box is not checked.
6000 American Pky Madison, Wisconsin 53783-0001
Insured's Name and Address Agent's Name, Address and Phone Number (Agt./Dist.)
Outdoor Promotions Gene Frank (970) 482-5062
5724 S College Ave 2332 S College Ave
Fort Collins, CO 80525-3853 Fort Collins, CO 80525-1722 (021/309)
This cerlificate is issued as a matter of information only and confers no rights upon the Certifieate Holder.
This certificate does not amend, extend or alter the coverage afforded by the policies listed below.
~ . . . . , .
This is to ceNfy that policies of Insurance listed below have been issuetl to ihe Insvretl nametl abme for the pol cy penotl intllceletl noWthstantling any requiremant, tertn or cnntllGOn of eny conVec[ or other
tlowment wilh respect to which this cerlificate may be issuetl or may pehain, Me insuxnce aHONetl by the policies tlescnbetl herein is subject ro all the terms, exclusions, antl condilions of such policies.
P L
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE EXPIRATION
LIMITS OF LIABILITY
Mo Da Yr Mo Da Vr
HOmEOWf12fS/
Botlily Inlury antl Property Damage
Mobilehomeowners Liability
Each Occurrance $ ,000
8oatowners Liability
Botlily Inlury antl Property Damage
Each Occurrence $ ,000
Personal Umbrella Liability
eomry miun ana Properry oema9e
EachOCCUrrence $ ,000
FartnLiabiliry&PersonaiLiabiliry
Farm/RanchLiability
$ ,000
Each Occurrence
Fartn Employefs Liabilily
Each Occurrence $ 000
Workers Compensation and
stawcory
EmployersLiabilityt
eachncciaent $ ,000
Disease - EachEmployea $ ,000
Disease -POIICyLimit $ ,000
GenerelLiability
GenerelAggregate $ 2,000 000
[K CommercialGeneral
products-COmpietea0perationsAggregata $ 2.000,000
Liability(occurrence)
05
X62252
31
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12/1
/2
12/1
4
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PersonalantlAtlveNSin i~u $ 1.000
p
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200
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EacnoccuRence$ 1,000,000
F
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Dama eloPremisesRentetltoVOU $ 100 '000
Metlical Expense (Any One Person). $ rJ QQQ
BusinessownersLiability
EachOCCUrrencet} $ ,000
Aggregatet"t $ 1000
Liquor Liability
Common Cause Limit $ 1000
AggregateLimit $ ,000
AutomobileLiability
Botlilylnlury -EachPerson $ 1,000,000
❑ Any Auto
19 AIIOwnedAulos
Botlilylnlury - EachACCitlent $ 1,000,000
❑ ScheduledAu[os
05-X62252-26-00
1/1/2004
7/1/2005
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❑ Hired Auto
NonownedAutos
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BotlilylnluryantlPrapertyDamageCOmbinetl $ ,OOO
Excess Liability
❑ Commercial Blanket Excess
Each Occurtence/Aggregate $ ,000
❑
Other (Miscellaneous Coveraqes)
DESCFIPTIONOFOPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIALITEMS tTheintlivitlualor padnem shownasinsuretl OHave OHavenot
eleded to be coveretl as employees untler ihis policy.
tt Protlucts-Completed Operations aggregate is equal to each
ocartencelimitantlisinclutletlinpolicyaggregate.
'.'~CERTIFICA'[E:HO,I.DER,?S;NAMEAN6ADDRESS":;.,.,
:G'ANCELUITION
• ADDITIONAL WSURED . .
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ATTN ALAN WHITE
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y
City of Wheat Ridge
.
number of days shown.
.
7500 W 29th Ave
❑ This certifies coverage on the date of issue only. The above
Wheat Rid e
CO 80033-8001
9
described policies are subject to cancellation in conformity with their
,
terms and by the laws of the state f issue.
DATE ISSUED
AUTHOliI D flEPflESENTATIVE
2/26/2004
~
U-201 Ed. 5100 Certifcate Holder Stock No. 06668 Rev. 7/02
of wHEqT ITEM NO:
_ Po
REQUEST FOR CITY COUNCIL ACTION
COIJNCIL MEETING DATE: February 23, 2004
TITLE: ASSIGNMENT OF BUS SHELTER AGREEMENT TO OUTDOOR
PROMOTIONS, INC.
❑ PUBLIC HEARING ❑ ORDINANCES FOR 1ST READING (Date: )
~ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING
❑ RESOLUTIONS
Quasi-Judicial: ❑ z
Yes No
A. 14L
Community Development Director
EXECUTIVE SUMMARY:
City Manager
The agreement for conshuction of bus shelters throughout the City was awazded to Outdoor
Promotions in 1996. In 1999, Chancellor Media Outdoor purchased the parent company of Outdoor
Promotions and later the name of the company was changed to Lamar Outdoor Advertising. Lamaz is
now selling all of its bus shelter operations. Outdoor Promotions is purchasing the shelters in Wheat
Ridge.
The Code of Laws requires the City to approve any transfer or assignment of the bus shelter contract
to another party.
COMMISSIONBOARD RECOMMENDATION:
None is required.
STATEMENT OF THE ISSUES:
All of the companies involved in the installation and maintenance of shelters haue performed
acceptably. Outdoor Promotions was responsive to requests for maintenance or repair during their
initial performance under the contract.
In 1998 the agreement was modified to extend the completion date for installation of the shelters to
May 31, 1999. Outdoor was to have installed 30 shelters; half have been installed. The inability to
acquire easements from property owners for the shelters is the reason there are not 30 shelters.
If the agreement is not assigned to Outdoor Promotions, Lamar Outdoor will still be responsible for
maintenance and repair of the shelters. Since Lamar is divesting their interests in shelters throughout
the metro area, it may not be in the City's interest to keep the agreement with Lamar in effect.
Maintenance could become a problem and revenue could decrease dramatically if the only shelters
Lamar owned were those in Wheat Ridge.
ALTERNATIVES CONSIDERED:
Do not approve the assignment of the agreement.
FINANCIAL IMPACT:
There are no impacts of assigning the agreement to Outdoor Promotions. Regardless of which
company has the agreement with the City, the City receives 10% ofthe advertising revenues generated
by the shelters. This is approximately $8,000.00 annually.
RECOMMENDED MOTION:
"I move to approve the assignment of the bus shelter agreement to Outdoor Promotions, Inc."
Or,
"I move to not approve the assignment of the bus shelter agreement to Outdoor Promotions, Inc."
Report Prepared by: Alan White, AICP Community Development Director
Attachments•
1. Consent Agreement
C:\bus shelter assignmen[ CAF.doc
CONSENT
The City of Wheat Ridge, Colorado, hereby consents to:
(i) the assignlrient of an agreement between the City of Wheat Ridge and Outdoor
Promotions, LLC dated March 31, 1996 (the "AgreemenP'), and assigned to Outdoor Promotions
West, LLC and The Lamaz Corporation (the "Assignor") dated August 6, 1998 which is now
being assigned to Outdoor Promotions, Inc. (the "Assignee");
(ii) the granting of a security interest in the Contract by the Assignee to the Assignor to
secure indebtedness of Assignee to the Assignor; and
(iii) should the security interest refened to in (ii) above be foreclosed, the assignment to
or re-acquisition by Assignor.
Date:
ATTEST:
City Clerk
By:
Pamela Y. Anderson
City of Wheat Ridge
By:
Gretchen Cerveny, Mayor
Approved as to Form:
By:
City Attorney
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City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Alan White, Community Development Director
FROM: Darin Morgan, Codes Administrator 17
SUBJECT: Bus benches at proposed bus shelter locations
DATE: April 14, 2003
After inspecting all existing and proposed bus shelter locations as indicated on Exhibit B of the
bus bench ordinance, I found courtesy benches located at "proposed" bus shelter locations.
Per Section 21-146, application for permits for bus benches shall not be approved for locations
with existing or proposed bus stop shelters.
How do you think we should address this issue? Do we permit courtesy benches as has been done
in the past?
Please let me know as soon as possible.
f sGcel~ ~oes i~ ~~ev~cG~
ry~V~s~ 6e 1'~UvtO~~ ~
7500 West 29th Avenue
Wheat Ridge, Colorado 80033
3031235-2855 Fax: 303/235-2857
The City of
Wheat Ridge
April 14, 2003
Lamar Transit of Denver
C/o Dave Lawrence
12301 N Grant S., Unit 240
Thornton, C 80241
RE: City of Wheat Ridge - Bus Shelter Locations
Deu Mr. Lawrence,
Certified -ArticleNumber'
: SENDERS RECORD
Upon review of the bus shelter ordinance within the city, it has come to our attention there are
sixteen (16) shelters that have not been installed per the contract you hold with the city. The
attached letter dated December 3, 1998, from Gary Young indicates the shelters were to be installed
by May 30, 1999.
It has also come to our attention, we have not received your certificate of insurance pursuant to the
contract and that the performance bond from Amwest Surety Insurance Co. in the amount of
$5000.00 has been cancelled.
Please consider this as notice pursuant to Section 16 of the Bus Shelter Agreement with the City of
Wheat Ridge, to contact our office within fifteen (15) days of receipt of the notice to further discuss
your time line and provide the required information per the cntract.
Should you have any questions please contact me at 303-235-2853.
Sincerely,
vl'
Darin Mor
Codes A ni
strator
1
Cc bus bench/shelter file
Alan White, Coxnmunity Development Director
Randy Young, City Manager
Gerald Dahl, City Attomey
December 3, 1998
Alan White
City of Wheat Ridge
7500 W. 29O Ave.
' Wheat Ridge, CO
RE: Bus Stop Shelter Agreement
Dear Alan:
OUfdOOR ld
pRomotions west
A Triumph Outdoor Company
This letter wilt serve as our request to address the following amendments to the Bus Stop
Shelter Agreement dated Mazch 31; 1996 tietween the city of Wheat Ridge and Outdoor
Promotions West, LLC ("Shelter AgreemenP'):
a. The date "December 31, .1997" in the third sentence of Section 3 is hereby
changed to "May 30, 1999."
b. The last sentence of Section 15 of the Shelter Agreement is hereby
amended by adding to the end thereof, "provided, however, that this
provision shall not relieve the.City of its obligation to comply with the
terms of this Agreement."
Al( terms and provisibns of the Shelter Agreement will remain in fult force and effect.
As we are now prepared to install additional shelters, these changes will permit
compliance with our Shelter Agreement and provide safekeeping of our continued
investment into the city of Wheat Ridge.
Please present our request to the Council for their consideration.
Sincerely,
~
Gary rolgW
F
President
12301 North Grant»240
Thomton, CO 80241
3Q3280.7000
FAX 280.6777
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STREET3 AND SIDEWALKS § 21-124
AR,TICLE IV. COURTESY BENCHES AND in length. All bus stop benches must weigh a
BUS STOP SHELTERS m;n;n,um of three hundred (300) pounds or must
be anchored/secured in sufl'icient manner to pre-
DIVISION l. GENERALLY
Sec. 21-121. Definition.
In this article "courtesy bench" means
(1) Any bench or seat, located on public or
private property within the city, which
contains advertising material.
(2) Any bench or seat, not containing adver-
tising material, which is located on a
public righbof-way or on public or private
property within the following rectangle
adjacent to an RTD sign designating a
bus stop: ltventy (20) feet either side of
the RTD sign and pazallel to the roadway,
and ten (10) feet from the RTD sign per-
pendicular from the roadway.
(Code 1977, § 4A-1)
Crose reference-Definitions and rules of construetion
generally, § 1-2.
Sec. 21-122. Egemptions.
The city and the regional transportation dis-
trict aze hereby egempt from application of the
provisions oF this article.
(Code 1977, § 4A-15)
Sec. 21-123. 3dentification of owner.
Each courtesy bench which is placed within the
city shall be identified with the name of the
owner, regardless of whether the owner is a
person, business association, or nonprofit organi-
zation. Such identifieation shall be placed on the
front edge of the bench seat which faces the
street, and shall be designed so as to be identifi-
able from the street. Such identification shall be
placed on all benches, whether or not the bench
has advertising.
(Code 1977, § 4A-9)
Sec. 21-124. Construction specifications; lo,
cation, maintenance.:
(a) Size and weight. No bench shall be more
than forty-two (42) inches in height, two (2) feet,
sig (6) inches wide, and mbre than seven (7) feet
vent movement.
(b) Loc¢tion. Benches for bus stops shall be
located only at designated bus stops within the
public right-of-way, off of the roadway or off of the
public right-of-way with written permission of the
property owner. If a bench for a bus stop is located
off of the public right-of-way, the written permis-
sion of the property owner shall accompany the
original application for permit and each annual
reapplication submitted by the permittee. The
bench must be placed at, or as near as is practi-
cable to, the place where passengers boazd and
disembark from the bus. It shall be the sole
responsibility of the pexznittee to assure that all
benches are placed on the public right-of-way or
that permission has been granted from the other
property owner. The bench company will be re-
quired to maintain and clean the area under and
witkun a five-foot perimeter of the bench.
(c) Dist¢nce from ro¢dw¢y; m¢inten¢nce, ¢cces-
sibility. No bench for a bus stop shall be main-
tained in any alley nor at any location where the
distance from the roadway or curb to the back of
the bench is more than eight (8) feet unlesa the
building inspector, in his approval of the applica-
tion, finds that to maintain a bench at such a
location is in the public interest. All benches for
bus stops shall be installed parallel with the
street, and set back approffimately three (3) feet
from the paved roadway or curb, eacept as may be
otherwise permitted by the building inspector,
with respect to safety. All benches shall be kept at
all times in a safe, clean and usable condition, and
each bench shall be accessible at all times. The
permittee shall be responsible for maintaining
and keeping the azea under and within five (5)
feet of their courtesy bench free of litter and
trash.
(d) Zones in which advertising matter on benches
permitted. Benches at bus stops which do not
contain any advertising matter shall be allowed
in all zone districts. Benches without advertising
shall not be subject to assesament of a permit fee,
and may have a eourtesy plaque, no lazger than
forty-eight (48) square inches, announcing the
Supp. No. 27 1387
§ 21-124
WHEAT RIDGE CPPY CODE
name of the person, organization or company
responsibility for placement of the courtesy bench.
Benches which contain advertising matter shall
be permitted, by right only in the following zone
districts:
(1) Commercial series (RGl, R-C, Gl, G2,
which might mislead or distract traffic such that
it becomes a hazazd to public safety aze prohib-
ited.
(Code 1977, § 4A-11)
Sec. 21-126. Bus stop removal.
PCD)
If the bus stop at which a bench for a bus stop
is placed is moved or eliminated, notice by certi-
(2) Industrial (PID)
fied mail shall be sent to the ocvner of the bench,
as identified in section 21-123, informing him
(3) Multifamily (R-3, R-3A, PRD)
that the bench must be removed. The bench shall
(4) Hospital (H-1, H-2)
be removed by the permittee within thirty (30)
days after the notice is mailed. Prior to placing
~
(e) Benches without ¢duertising. For'every five'~
the bench for the bus stop in a new location, new
(5) benches allowed with advertising, each bench
approval by the building inspector must be ob-
company shall provide one bench cvithout adver-
tained by submitting a new application for per-
tising in a zone other than those listed above. The
~t, a new site plan, and an additional fee to the
city specifically finds that esclusion of benches
building inspector.
containing advertising from the A-1, A-2, R-1,
~Code 1977, § 4A-12)
R-lA, R-1C, R-2, and R-2A zone districts within
the city is necessary to preserve the aesthetic
Sec. 21-127. Sign contractor's license re-
chazacter and integrity of the predominantly single-
4uired.
family residential homes and neighborhoods es-
In addition to the permit as set forth in this
tablished therein. Because the need for benches
article, the permittee shall also be required to
effists within such enumerated predominantly
obtain a sign contractor's license.
single-family areas, provided such benches do not
(Code 1977, § 4A-14)
denigrate the aesthetic chazacteristics thereof
crose reference-Liceasing of contractors, § 5-115 et seq.
through the presence of advertising thereon, it is
required that for every five (5) benches allowed
Secs. 21-128-21-140. Reserved.
with advertising within the commercial, indus-
trial, multifamily and hospital series identified
above, each bench company shall provide one
DIVISION 2. PERMIT*
bench without advertising in one of the predomi-
nantly single-family residential azeas enumer-
Sec. 21-141. Required.
ated in tlus subsection.
No courtesy bench with advertising shall be
permitted in any location for whieh a permit for a
bus stop shelter with advertising has been issued
pursuant to section 21-151.
(Code 1977, § 4A-10; Ord. No. 1996-1016, § 2,
2-12-96)
Sec. 21-125. Manner of advertiaing.
Advertising material wluch is contained on
benches shall be displayed only upon the front
surface of the baclaest of the bench. All advertis-
ing materials, words, pictures, or other signs
No courtesy bench shall be installed or main-
tained by any person under the piovisions of this
article without first obtaining a permit from the
building division of the city.
(Code 1977, § 4A-2)
Sec. 21-142. Application; reapplication upon
egpiration of permit.
(a) An application for a misceilaneous building
permit shall be submitted to the chief building
inspector disclosing the name of the applicant,
the location of the proposed courtesy bench, a site
"'Charter reference-Revoeable permits for temporary
use or oceupation of streets, alleys, etc., § 15.9.
Supp. No. 27 . 1388
STREETS AND SIDEWALKS
plan on the form provided by the building inspec-
tor, and any other materials which may be re-
quired by the building inspector. One miscella-
neous building permit application may be made
for one or more benchea; provided, however, that a
separate fee shall be paid for each beneh as
hereinafter provided.
(b) All permits shall expire at midnight on the
thirty-first day of March of each year. In order to
retain ownership of a current permit for a cour-
tesy bench location, the owner must make reap-
plication by the first day of March. If no location
changes of the bench are anticipated, the reappli-
cation shall include the same items as the initial
applicataion, with the egception of a site plan.
However, if the owner wishes to make any changes
of the bench, da new site plan shall be included in
the reapplication. If reapplication is not submit-
ted to the buiiding inspector by March 1, the
owner will be presumed to have abandoned his
rights in the bench and the bench must be re-
moved by the tlurty-first day of March.
(Code 1977, § 4A-3)
Sec. 21-143. Fees to accompany application,
amount; refunds or rebates.
Each application and each reapplieation for a
courtesy bench permit shall be accompanied by a
fee in the amount established by resolution for
each bench. No refunds or rebates shall be made
upon revocation, termination or eapiration of the
permits.
(Code 1977, § 4A-4)
Sec. 21-144. Issuance.
The chief building inspector shall issue a cour-
tesy bench permit if the inspector finds that the
applicant has complied with all the provisions of
this article, and if the inspector finds that the
location and maintenance of a courtesy bench at
the proposed loeation will not tend to obstruct
passage or create a hazard to pedestrians and
vehicles traveling on the public right-of-way or in
the vicinity thereof or be prejudicial to the inter
est of the general public.
(Code 1977, § 4A-5(a))
§ 21-147
Sec. 21-145.Inspection; failure to make
timelyplacement; disapproval.
After placement of the benches pursuant to the
permit issued under the pravisions of this divi-
sion, the permittee shall notify the chief building
inspector when and where the benches have been
installed so that an inspection can be made to
certify proper installation. The inspection date
cvill thereafter be considered the official date of
bench placement. If the courtesy bench is not
placed within sixty (60) days from the date of
issuance of the permit, the permit will be expired
and any bench which had been placed shall be
removed within fifteen (15) days thereafter. If the
inspector fails to approve the courtesy bench after
inspection, a written notice of reasons for the
disapproval shall be given to the permittee; within
fifteen (15) days thereafter, the permittee shall
correct the reasons for disapproval or remove the
bench.
(Code 1977, § 4A-7)
Sec. 21-146.,1VIaffimum number; coordina-
tion with other facilities. '
There shall be only two (2) benches per bus
stop. Applications for permits for benches at bus
stops will not be approved for locations with
existing or proposed bus stop shelters.
(Code 1977, § 4A-8)
Sec. 21-147. Indemnity to the city and the
public.
After approval of the application for permit has
been obtained, but before a permit shall be issued,
the applicant shall post or maintain with the city
a bond or policy or public liability insurance
apprwed by the eity and conditioned substan-
tially as provided for herein. The permittee shall
indemirify and save harmless the city, its officers,
agents, and employees from any and all loss,
costs, attorney's fees, damages, egpenses, or lia-
bility which may result from or arise out of the
granting of such permit, and the installation and
maintenance of each bench for which a permit is
issued. The permittee shall pay any and all loss or
damage which may be sustained by any person as
a result of or which may be caused by or arise out
of such installation or maintenance. The bond or
Supp. No. 27 1359
Xi D
§ 21-147
WHEAT RIDGE CPfY CODE
policy of insurance shall be maintained in its
original amount by the permittee at its egpense at
all times during the period for which the permit is
in effect. In the event that two (2) or more permits
are issued to one (1) permittee, one (1) blanket
bond or policy covering all benches of the permit-
tee may be provided, but such bond or policy shall
be of the type where coverage shall automatically
be restored after the occurrence of any accident or
loss from whieh liability may thereafter occur.
The limit of liability upon any bond or policy so
posted shall in no case be less than tcvo hundred
fifty thousand dollars ($250,000.00) per person
and one million dollars ($1,000,000.00) per occur-
rence. Any bond shall be accompanied by good
and sufficient sureties approved by the city.
(Code 1977, § 4A-13; Ord. No. 1996-1026, § 3,
5-13-96)
Sec. 21-148. Assignment or transfer.
A caurtesy bench permit issued by the cluef
building inspector shall not be assignable or trans-
ferable to any other person cvithout the egpress
written and prior approval of the city, which
permission may be withheld at the sole discretion
of the city.
(Code 1977, § 4A-6)
Sec. 21-149. Denial, revocation.
Any permit issued under authority of this
article may be denied or revoked by the chief
building inspector for any of the following rea-
sons:
(1) Piolation by the permittee or applicant of
any of the provisions of tlus article.
(2) Any fraud or misrepresentation made by
the permittee or applicant in the applica-
tion.
(3) Failure by the permittee or applicant to
maintain in fiill foree and effect the nec-
essary indemnity bond or evidence of pub-
lic liability insurance as required by tlus
article.
(4) Where a finding is made that the location
or maintenance of a bench at a specified
or proposed location shall be deemed to be
a hazard to pedestrians or vehicular traf-
fic, or prejudicial to the interest of the
general public.
(Code 1977, § 4A-5(b))
Sec. 21-150. Removal of bench followingre-
vocation .
In the event a permit is revoked for any cour-
tesy bench, notice shall be sent by certified mail to
the permittee as listed in the most recent appli-
cation or reapplication for permit. Within thirty
(30) days after the notice is sent, the permittee
shall remove or cause to have removed the par-
ticulaz courtesy bench or benches. If the permit-
tee fails to remove the particulaz courtesy bench
or benches pursuant to the notice, the city shall
have the immediate right to have the courtesy
bench or benehes removed at the espense of the
permittee. The revocation of a courtesy bench
permit shall apply to the bench or benches which
aze eapressly listed in the notice.
(Code 1977, § 4A-5)
Sec. 21-151. Bus stop shelters.
The city may provide for the erection of bus
stop shelters directly by the city, by contract,
agreement, or otherwise. All such bus stop shel-
ters shall be constructed in compliance with the
requirements of the Americans With Disabilities
Act. If erected by contract or agreement with a
private company, the terms of such contract or
agreement shall govern the placement of such
shelters; provided, however, that all such shelters
shall comply with the following requirements of
this article N(wherein all referenees to "courtesy
benches" shall be deemed by this reference to
include "bus stop shelters)":
(1) Location: All bus shelters may be located
on all Class 2, 3, 4 and 5(collector, arte-
rial or major arterial) roadways. No bus
shelter may be permitted on any Class 6
or 7(local) roadways other than at inter-
sections of a major roadway as described
above (refer to Eahibit A). Loeations shall
be generally as shown on attached Ex-
hibit B, with final approval of locations
determined by the city. However, the city
Supp. No. 27 1390
STREETS AND SIDEWAI,KS
may deny permission to locate a bus stop
shelter at a specific location for any rea-
) son.
(2) Prior to construction of a bus shelter,the
site shall be posted with a sign indicating
a shelter is proposed at that loeation and
anyone objeeting to the location shall in-
dicate to the city in writing, within fifteen
(15) days of the posting of the sign, their
objection and the reasons therefor. Any
location which receives an objection shall
be presented to city council at a public
meeting for approval or denial. The city
shall have the final determination on the
locations for bus sheltera.
(3) The city council may, by resolution, add or
delete locations shown on Eghibit B.
(4) Bus stop removal: Section 21-126.
(5) Applieation for miscellaneous building per-
mit required: Section 21-142(a).
(6) Indemnity to the city and the public:
j Section 21-147.
(7) Assignment or transfer: Section 21-143.
(8) Denial, revocation: Section 21-149.
(9) Removalfollowing revocation: Seetion 21-
150.
(Ord. No. 1996-1016, § 3, 2-12-96; Ord. No. 1998-
1143, § 1, 12-14-98)
§ 21-151
. (The neat page is 14311
Supp. No. 27 1391
EXHIBIT A
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A
PERFORMANCE BOND
BOrid NO. 3SM030-63.1-00
KNOW ALL MEN BY THESE PRESENTS: That we OUTDOOR PROMOTIONS WEST,
LLC, A SUBSIDIARY OF LAMAR ADVERTISING COMPANY d/b/a LAMAR TRANSIT
ADVERTISING OF DENVER, 5551 Corparate Boulevard, Suite 2A, Baton Rouge, LA 70808,
Principal, and AMERICAN MOTORISTS INSiJRANCE COMPANY, 510 Heron Drive, Suite
205, Bridgeort, NJ 08014, Surety, are held and frmly bound unto CITY OF WHEAT RIDGE,
7500 W 29 Avenue, Denver, CO 80033, Obligee, in the sum of FIVE THOUSAND AND
00/100 DOLLARS ($5,000.00) for the payxnent of which we bind ourselves, our legal
representatives, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee for Installation and Maintenance
of Bus Stop Shelters, copy of which contract is by reference made a part hereof.
NOW, THEREFORE, if Principal shall faithfully perform such contract or shall indemnify and
save harmless the Obligee from all cost and damage by reason of Principal's failure so to do,
then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Any suit under this bond must be instituted before the expiration of one (1) year from the date on
which final payment under the contract falls due.
This bond covers the period January 11, 2003 through January 10, 2004 and may be extended for
additional terms at the option of the Surety by continuation certificate. Failure by the Surety or
Principal to execute a continuation certificate or replacement bond shall not constitute loss to the
Obligee recoverable under the bond.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the Obligee named herein or the heirs, executors, administrators or successors of the
Obligee.
Signed, sealed and dated this 30`h day of October, 2002.
OUTDOOR PROMOTIONS WEST, LLC A
SUBSIDIARY OF LAMAR ADVERTISING COMPAN Y
d/b/a LAMAR TRANSIT ADVERTISING OF DENVER
Witness By:
AMERICAN MOTORISTS INSiJRANCE COMPANY
Cole, Attorney-in-fact
POWER OF ATTORNEY
Know All Men By These Presents:
That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American
Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of
Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do
hereby appoint
Jane L. Cole , Douglas S. Hansen , Kathleen M. Berkelback , Elizabeth A. Hayden , Sally A. Shaw
of Cherry Hill , NJ (EACH)
their true and lawful agent(s) and Attorney(s)-in-Fact, to make, execute, seal, and deliver from the date of issuance
of this power for and on its behalf as surety, and as their act and deed:
Any and all bonds and undertakings
DCCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which
guarantees the payment or collection of any promissory note, check, draft or letter of credit.
This authority does not permit the same obligation to be split into two or more bonds in order to bring each such
bond within the doilar limit of authority as set forth herein.
This appointment may be revoked at any time by the Company
The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said
Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged
by their regularly elected officers at their principal office in Long Grove, Illinois.
This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards
of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are
hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect:
"VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in
writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and
attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company
thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature
thereof, and any such officers of the Company may appoint agents for acceptance of process."
This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following
resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called
and held on the 23rd day of February, 1988:
"VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees
designated in writing and filed with the Secretary, and the sign2ture of the Secretary, the seal of the Company, and
certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to
resolution adopted by the Executive Committee of the Board of Cireciors on February 23, 1988 and any such
power so executed, sealed and certified with respeci 1o any' bond orundertaking to which it is attached, shall
continue to be valid and 6inding upon the Company."
FK 09 75 (Ed. 09 01) Page 1 of 2 Printed in U.S.A.
AMERICAN hibTORISTS INSURANCE COMPANY
FINANCIAT, STATEIviENT
bECEMAE12 31, 2001
Asse s
CashinUeiilts ,
$ 20,818,858
Bonds owued
87$,033,525
Stoclcs
47,542,517
Premiums in cuurse of coliectioa
269,899,295
Accrued interest nnd otIler uasets
132, ~b,$],8
Tatal
$1.34 s,426.013
i bili 'es
12esarve:far losaes aad ndjueting expenses ~ 582,615,462
Reserve for•unearned premiutns 188,479,314
Reserve for taxes, expenses and other liaUilities 14,981.374
Total $ 918,07G.1 SQ
Capital S4otk $ 6,449,529
NeC Surplus 4,17,9Q0 334
SarpIus ae regarde poticyholdeia 424,349,863
Tof/a1l $i . 42.42 .413
Vice Presidettt of tlccuunting 3erviceg ecc ty .
Stata ofIllinois)
) sS
Cottuty ofLEtlce)
R. A. Datdel und 7. K. Conwuy, being duly swom, eny that ihey are Vice President of Accouxiting Servicea and
Seeretary, reapectively, oFAMBItICt4N MOTORISTS iNSC712ANGF, COMPANY, II]inois; thet the faregoirtg ia n
true nnd eaneet seutement of the finuncial oanditiou of said eompany, as of Aecember 31, 2001.
SubscriUed and swom to before me
Onthis 28"'dayofFebxusYy, 20rp+94s
"a40QFsoo/~se~{b~oneaerv+aapmro
` ~'~1.+~I'Sl F1~~F,n 4
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ANGE4A H,qN3EN ;
d2
i Notary pup1,G, Staae p f Illinola o
e
1 rn~Commieaion Expires 2119/04 •
,U >49ioe0~Op.9.OPtOei*Ot00
Notsry ~ Pnbia
T,DMARA
;4r~;Rnn CERTIFICATE OF LIABILITY INSURANCE
izi`ii%oo
r+AOOUCEa
LOll1Si3nd Companies
P.O. BOx 991
THIS CEHTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Baton Rouge, LA 70821-0991
CaY'OlYri Valentine/Robert Grace
INSURERS AFFORDING COVERAGE
INSURED
INSURERA:CO11t1172Rta1 Casualty Company
Outdoor Promotions West, LLC
,NSUaeaB:Transportation Insurance Co.
DBA Lamar Transit Advertising
INSUflEFC:
P.O. Box 66338
INSURERD:
Baton Rouge, LA 70896
INSURERE:
rnvFanr,Fc
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 70 THE INSURED NAMED ABOVE FOR THE POIJCY PERIOD INDICATED. NOPNRHSTANDING
ANY REQUIREMENT, TEFM OR CONDITION OF ANY COMAACT OR OTHER DOCUMENT WfTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POIJCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE iERMS, IXCLUSIONS AND CONDRIONS OF SUCH
POLICIES. AGGFEGATE LIMITS SHOWN MAY HAVE BEEN FiEDUCED BY PAID CLAIMS.
INSR
LT
7ypEOFINSURANCE
POLICYNUMBER
POATEtijFE~CTVE
PDATEEM%DAO%~ON
LIMITS
GENEFAILIABILITY
GL189151752
OZ/OZ/OZ
OZ/OZ/OZ
ENCE
41 OOO OOO
X
COMMEFCIALGENEFALLIABILITY
Anyonefire
D
M
e
bl OOO OOO
'CLAIMSMNDE~OCWR
(
X
nepe~son)
$10 Q~~
I
M
VINJUflV
OOO OOO
R EGATE
$~L OOO OOO
GEN'LAGGREGATELIMITAPPLIESPEF:
MP/OPAGG
$2 OOO OOO
POLICY PRO LOC
A
AUT
OMOBILELIABILITY
13UA189151895
OZ/OZ/OZ
01/01/02
COMBINED SINGLE LIMIT
gl OOO
OOO
A
X
ANYAUTO
BUA189151735 (TX)
01/01/01
01/01/02
(Eaacciaent)
~
i
AILOWNEDAIITOS
BODILVINJURV
$
SCHE DULE D AUTOS
(Per person)
X
HIREDAUTOS
BODILVINJURY
$
X
NON-OWNEDAUTOS
-
(Peraccitlent)
PROPERTYDAMAGE
$
(Peraccitlent)
GN
RAGELIABILITY
AUTOONLY- EAACCIDENT
$
ANVAUTO
OTHERTHAN EAACC
$
AUTOONLV: qGG
$
EXCESSLIABILITY
EACHOCCURRENCE
$
OCCUR ~ CLAIMSMADE
AGGREGA7E
$
S
DEDUCTIOLE
$
P
RETENTION $
$
A
WORKERSCOMPENSATIONAND
WC189151783
OZ/OZ/OZ
01/01/02
X WCSTATU- OTH-
B
EPA.?LOYERS'LIABILITY
WC189151802
Ol/OZ/OZ
01/01/02
E.LEACHACCIDENT
$1,000,000
(WI,OR,IL)
E.L.OISEASE-EAEMPLOYE
$1,000,000
E.L.DISEASE-POLICYLIMI
$1,000,000
OTHER
DESCFiIPTION OF OPERATIONSILOCATIONS/VEHICLES/EXCLUSIONSAPDED BY ENDORSEMENT/SPECIALPFiOVISIONS
Workers Compensation Policies Exclude Monopolistic States of OH,ND,WA,WV
Certificate holder is additional insured with respect to the general
liability policy as required by written contract.
Wheat Ridge City Treasurer
7500 West 29th Avenue
Wheat Ridge, CO 80215
ACORD25•S(7/97)1 of 2 #S96616
6591
SHOULD ANYOFiHEABOVE OESCRIBEDPOIJCIES BE CANCELLED BEFOREiHE E7pIRFTION
DATETHEREOF,THE ISSUING INSURER W ILLENOEAVORTO MAIL]-G_ DAYS WRITfEN
NOTICETOTHE CERrIFICATE HOLDERNAMEDTOTHELEFf, BUTFAILURE TODOSOSHALL
IMPOSE NOOB LIGATION OF LIABILITY OF ANYKIND UPON THE INSIIRER,ITSAGENTS OR
pAA o ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD25-S(7/97)2 of 2 #596616/M96591
oF WHEAT
City of Wheat Ridge
Planning and Development Department U '
Memorandum
TO: Bob Middaugh, City Manager
Bob Goebel, (Acting? Interim? City Manager) Public Works Directar
FROM: Alan White, Planning and Development Director Gm
SUBJECT: Bus Shelters
DATE: June 29, 1999
RTD has approached Outdoor Promotions (OP), our bus shelter company, about replacing RTD's
shelters with Outdoor Promotions'. There are about 17 of the RTD shelters in the City according
to RTD. This is part of a pilot program RTD wants to test in Wheat Ridge and Arvada.
As part of the deal, RTD wants the 10% revenue from the sites for which they have permanent
easements. Outdoor Promotions estimates this is at most 10 sites. We have estimated this
revenue to be roughly $4,200 annually.
Our agreement with OP does not preclude OP replacing RTD shelters. We would need to change
the agreement to provide for what RTD wants (if we agree to it) and also to revise the approved
map of shelter locations.
What do we get out of this? Three things: 1) consistent design of shelters in the City, 2) more
frequent maintenance (twice per week instead of once a month), and 3) some additional revenue
from the sites where RTD does not have permanent easements.
With everything else going on, this is certainly a low priority for me. Any feeling how Council
would react to this? Do you have any comments?
FAOM RTD - ENGINEEAING 303-299-2373 (TUE)06.29'1 J9 13:10/ST.13:09/N0.36o0040899 P 2
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MEMORANDUM
TO: Sean Mc Cartney
FROM: Chuck Braden Construction Inspector
RE: Bus Stop Damage
DATE: Apri17, 1999
The bus stop enclosure at the Southeast corner of W. 38`h Avenue and Wadsworth Blvd. was damaged in
an appazent attempt to place one of the Outdoor Promotions facilities at that location. The concrete wall
was removed and the rubble left on the site. Also, the decorative street light was damaged. Please have the
responsible parties remove the debris, repair or replace the bus stop, and repair the decorative street light.
There is currently construction at this site but, this damage is a pre-existing condition by my own personal
observation.
b~5 sl~I %
Chancellor
M E D I A G O R P O R A T I O N
12301 N. Grant St., Unit 240
Thomton, CO 80241
Ray Moyers
Tel: 303-280-7000
General Manager
'
Fax:303-280-6777
ismn .
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Bus Shelter building permit which were recently issued:
1. Kipling Street and West 44t° Ave (NE corner)
2. * Kipling Street and West 44`h Avenue (sw corner)
3. West 38"' Avenue and Holland Street C-1-0 ~0~ tz~p.icvE'o~
4. Youngfield Street and West 32"a Avenue (ne corner)
5. * Wadsworth Blvd. And West 26`h Avenue (ne corner)
6. Wadsworth Blvd. And West 35`h Avenue (ne corner)
7. Wadsworth Blvd. And West 291h Avenue (ne comer)
8. Kipling Street and West 38`h Avenue
9. * Wadsworth Blvd. And West 32"d Avenue (sw comer)
10. Wadsworth Blvd. And West 44"' Avenue (Pep Boys)
11. Wadsworth Blvd. And West 38"' Avenue (John Elway Ford)
12. West 38`h Avenue and Wadsworth Blvd (conoco gas station)
13. * West 44`° Avenue and Tabor Street (Rocky Mountain Forest Products)
14. West 44~' Avenue and Robb Street (Pet Village)
15. West 38`h Avenue and Vance Street (Blockbuster Video)
* Possible right-of-way violations.
a 4, Cot"r' OF -5I&NC✓7 ~W~~NllM~tJ'~ -tV
, VJ~`~ t3L~..f>b~cZ - 73t,tS Si~l° (I3t,NU-F ~~O~f7~n~fiofz'
0 ov-rnoC4Z- ~on~onon,s r,vtF-~5r yovIV& "
0 ,=icvpv "tf oF't~G~s ~~~~n -1::O:f2 FF-r
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713
(303) 234-5900
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949
Bus Shelter building permit which were recently issued:
GWheat
";Ridge
1. Kipling Street and West 44`h Ave (NE corner)
2. * Kipling Street and West 44`h Avenue (sw corner)
3. West 38`h Avenue and Holland Street
4. Youngfield Street and West 32nd Avenue (ne comer)
5. * Wadsworth Blvd. And West 26`h Avenue (ne corner)
6. Wadsworth Blvd. And West 35`h Avenue (ne corner)
7. Wadsworth Blvd. And West 29`h Avenue (ne corner)
8. Kipling Street and West 38`h Avenue
9. * Wadsworth Blvd. And West 32nd Avenue (sw corner)
10. Wadsworth Blvd. And West 44`h Avenue (Pep Boys)
11. Wadsworth Blvd. And West 38`h Avenue (John Elway Ford)
12. West 38`h Avenue and Wadsworth Blvd (conoco gas station)
13. * West 44'h Avenue and Tabor Street (Rocky Mountain Forest Products)
14. West 44`h Avenue and Robb Street (Pet Village)
15. West 38`h Avenue and Vance Street (Blockbuster Video)
* Possible right-of-way violations.
The City of
0 RECYCLED PFPER
_ ,4mwest
Amwest Surety Insurance Company
2445 5th Avenue
Suite. 220
San Diego, CA 92101-1665
(619) 233-5893
August 16, 1999
City of W heat Ridge
7500 W est 29th Ave
Wheat Ridge, CO 80033
Bond:
Principai:
Amount:
Description
1381865
Triumph Outdoor Hoidings, Lic
$5,000.00
Performance Installation And Maintenance
PERFORMANCE INSTALLATION AND MAINTENANCE OF BUS SHELTERS
Contract
AMWEST SURETY INSURANCE COMPANY is the Surety on the above bond. We would appreciate your
cooperation in providing the information requested below. Receipt of this information allows us to monitor
our contractor's progress on this job and total work program. Thank you for your assistance.
PLEASE COMPLETE ONE SECTION ONLY
IF THE CONTRACT HAS BEEN COMPLETED:
What was the completion date?
Date of Acceptance?
W hat was the final contract price?
W as the work satisfactory?
Have all labor and material bills been paid?
2. IF THE CONTRACT HAS NOT BEEN COMPLETED:
What percent of work has been completed to date?
Total amount paid to contractor to date?
What is the amount of retainage?
What is the anticipated date of completion?
Is the contractor paying labor and material bills?
Is the work progressing satisfactorily?
COMMENTS:
It is understood that the information contain(gG herbin is furnished as a matter of courtesy for the confidential use of
the surety and is merely an expression of opinion. It is also agreed that in furnishing this information, no guarantee or
warranty of accuracy or correctness is made and no responsibility is assumed as a result of reliance by the surety,
whether such inf ation is furnished by the owner or by an architect or engineer as the agen\t of the owner.
Signed by: Name:lYtS'KJcL~C- ,Ui° IA4c-1~~
Date: Phone;30,3(093 5 =,-27'& Fax:.3D3~a3 So`~~5 7
A POSTAGE PAID REPLY HAS BEEN PRINTED ON THE REVERSE SIDE OF THIS FORM FOR CONVENIENCE.
PLEASE FOLD ON THE DOTTED LINES AND USE TAPE TO SEAL; DO NOT STAPLE.
BM-A9009
Chance/%r Media Outa/oor
Triumph Ovtdoor Holdings
853 Camino del Mar #202
De/ Mar, CA 92014
Phone: (619) 509-2183 (direct)
Phone: (619) 509-0882 (main)
Fax: (619) 509-0886
May 30, 1999
7500 West 29t' Avenue
Wheat Ridge, CO 80215
.
T,. %nn,,..., ia nn~ ('onr m• 4~°/ W/1 /
~
Per our contract with the City of Wheat Ridge to provide bus sheiters and in retum share
advertising revenues, the city has the right to request an annual audit. It is not clear whether
this audit would be desired to insure the financial viability of Outdoor Promotions West, LLC or
for a detail audit of the revenues during the year.
To go beyond the technical requirements of the contract, attached is the annual report for
Chancellor Media Corporation for 1998. As you know, Chancellor purchased the parent
company (Triumph Outdoor Holdings) of Outdoor Promotions West, LLC on January 21, 1999.
This annual report will not show details of Outdoor Promotions as it is a very small part of
Chancellor, but does show the ongoing financial strength of Chancelior Me.dia Corporation, the
ultimate parent company.
We have remitted detailed reports each month with the required payments. I also believe that
Liz Masters, business manager and Barbara Dempsey, contract manager has met with you (or
has a meeting scheduled) to answer any further questions. I'm not sure what additional
information you might need on an annual basis, but please let either myself or Liz know, and we
would be happy to provide it. Liz can be reached at (303) 280-7000 and I'm at (619) 509-2183.
Please contact us with any additional questions. Although 1998 was a year of transition,
Outdoor Promotions West is working to increase these revenues to the city in 1999 through
additional sales and increased amenities:
Sincerely,
Donna R. Schnieders
Chief Financial Officer
TRIUMPH OUTDOOR
January 18, 1999
Wheat Ridge City Treasurer
7500 West 291h Avenue
Wheat Ridge, CO 80215
To Whom It May Concem:
Attached is the new perFormance bond issued under the name of Outdoor Promotions West,
LLC for our contract with the city to provide bus shelters. Please exonerate the previous bond
under the name of Outdoor Promotions, LLC and/or Gary Young and release the cancelled
document to him at:
Solid Ventures, LLC (formerly Outdoor Promotions, LLC)
PO Box 270807
Fort Collins, CO 80527
You should have previously received a certificate of insur2nce showing our workers comp and
general liability coverage.
If there are any further questions, please contact me at (619) 509-2183 or Ray Moyers, General
Manager, at (303) 280-7000.
Si cerely,
!9'1?y10.)c
SC:hA"AG6v
Donna R. Schnieders
Chief Financial Officer
Cc: Ray Moyers - Outdoor Promotions West, LLC
Gary Young - Solid Ventures, LLC
Triumph Outdoor Holdings, LLC • 853 Caznino Del Mar, Suite 202 • Del Mar, CA 92014
Telephone: (619) 509-0882 • Faa: (619) 509-0886
Bond Na.1381865
Premiiun: $125.00
PH$FORMANCE BONQ Renews Annually Until Exonerated
KNOW ALL MEN BY THESE PRESFNTS, That we Outdoor Promotions West LLLC
(hereinafter ealled "Arincipai') as Pdncipet, and Pmest
sme,y rrsn`arr~ authortzed ta do business in the 3tate of OaloradD
(hereinafter cailed 'Suret}l'} are held and firtnly bound unto
City of Tntmt Ridae -
(hereinafter called "Obl(geel as Obligee, in the penal sum of FYM
'IhalsarO DaUlarms~ ~ctlv ($5 000 00)
pafiats, yood and lawEUl money of the United Stata of America, forthe paymerrt of
whictt, well and truty to be made, we do bind ourselves, our heirs, administrafars, executurs,
soccessors, and assipns, joirttly and saverally, firtniy by the preserds.
Wheresas the above bounded Pdn ~ai has ert red irdo a certain written conVact with the above
nemed Obiigee, ettectfve the day of CA, 19 9
and tertninadnq the aJm-- day of ~b2"T'F'e=P
which Corttraci is hereBy refefred to and made a part Ilereot as muy ana io uie
exteM as it copies at tengih were sttached herein, except that nathing said therein shaii alter,
eniarge, expand or othe[wise modify the term of the 6ond as set out 6elow.
NOW, THEREFORE, if the Principal shalt eomply with and faithfuliy perform tha tertns of the
CorrtraC, then this bond sfiail 6e nuli and voM, othernrise to be In futl fortx and efled. Tfiis bond
is executed by the 3urety and accepted by the Obligee su6Jed ta the following express
cAndidoo:
Naiwi{hstanding the pravisions of the Contract, the tertn of this bond shaii apply from
Jarnarv llth , 19uMll ~ja,,.v i 7+h . 19 ~and may 6e extended by
1ne Surety by Continuation Certificate. However, neither nonrenewal by the Surety, norttie
failure ar inadtlity of the Prineipai to fite a replacemeM bond in the event of nonrenewal, shail
riselt consUtute a loss to the nb(igee recroveraDle under this band or any tenewai or continuaUon
thereof. Surety's Itahility under this bond and ail corrtinuation certiflcates fssued in connec[fon
therewith shall not be cumuiative and shail tn no event exceed the amount as set forth in this
bond or (n any addiUons, riders,or endorsaments property issued 6y the Surety as suppiements
thereto.
Sealed w(th our seals and dated this llth day of JalBly •19_,C)2.
Qztdow Pxtzrotirns WLt, IIC
'R-iuq3z Qtdoor FYil.dixgs I7L M30ger
By:
Patriclc K. Fam1. Presidait
a~~'~~ ~
~
~L~ l
f,
LIMITED POWER OF ATTORNEY
Amwest Surety Insurance Company
Tltis document is printed on white paper containing the artificial wa[errtrarked logo (A ) of Amwest SureTy Insurance Company on the front and brown security paper
on the back. Only unaltered originals of the Limited Power of Attomey ("POA") are valid. 17tis POA may not be used in conjuncfion with any other POA. No
representafions or wacrandes regarding this POA may be rttade by any person. This POA is govemed by the laws of the State of Nebraska and is only valid un61 the
expiration date. Amwes[ Surety Insurance Company (the "Compan}~") shall no[ be liable on any lirm[edPOA which is fraudulently produced, forged or otherwise
distributed without the perrctission of the Company. Any parly concemed about the vatidity of t}tis POA or an accompanying Company bond should call your local Amwest
bfanchofficeat l6191234 5R93
KNO W ALL BY TfIESE PRFSENT, that Amwest Surety Insurance Company, a Nebraska corporaHon, does hereby make, constitute and appoint:
James P. Schabarum II Robert R. Supple
Jellrey W. Cavignac
As Employees otJCWIB, INC.
iYS We and lawCul Attorney-in-fact, with limited power and au[hority for and on behalf of the Company as surety to execute, deliver and affix the seal of the company thereto
if a seal Ss required on bonds, undertakings, recognimnces, reinsunnce agreement for a 1Jliller Act or other perfomtance bond or other vrtitten obligafions in the naNre thereof
as follows:
Bid Bonds up to $1,000,000.00 .
Contract Bonds up to $2,500,000.00
License and Permit Bonds up to $100,000.00
Miscellaneous Bouds Up To $100,000.00 ,
and to bind the company thereby. '[7tis appointment is made under and by authority of the By-Laws of the Company, which aze now in full force and effect
I, the undersigped seaetary of Amwest Surety Insurance Company, a Nebraska corporavon, DO fiEREBY CERTIFY that tLis Power of Attomey remains in full force and
effect and has not been revoked and furthermore, flia[ the resoluNons of the Boazd of Directors of Amwest Surety Insurance Company set forth on fltis Power of Attorney, and
that the relevant provisions of the By-Iaws of each company, are now in full force and effect
sonaxo. 1381865 signeflRcseatedthisllth aayo£ Janu3ry 1999 ~s~•--
Karen G. Cohen, Secretary
**x*****'****t RESOLUTIONSOF'['HEBOARDOFDIRECTORS xs+~~+xz+xxs i+ez• >~:<x
This POA is signed and sealeA by facsimile under and by the authoriTy of the following resolu6ons adopted by the Board of Direc[ors of Amwest Surety Insurance Company
at a meeting duly held on December 15, 1975: -
RESOLVED, tha[ the President or any Vice President, in conjuncfion with the Secretary or any Assistant Secretary, may appoin[ attorneys-in-Fact or agents with
au[hority as defined or limi[ed in the instrumen[ evidencing the appointment in each case, for and on behalf of the Company, [o execu[e and deliver and affix the seal of the
Company to bonds, undertakings, recognizances, and suretyship obligafions of all kinds; and said officers may remove any such attomey-in-fact or agrnt and revoke any POA
previously ganted [o such person.
RFSOLVED Fi7RTHER, [hat any bond, undertaking, recognizance, or suretyship obligation shall be valid and bind upon the Company: -
(i) when signed by the President or any Vice President and attested and sealed (if a seal be required) by any Secretary or Assistazrt Secretazy; or
(ii) when signed by the President or any Vice Resident or Secretary or Assistant Seaefary, and wuntersigned and sealed (if a seal be requved) by a duly
authorized attomey-in-fact or agent; or - (iii) when duly execu[ed and sealed (if a seal be required) by one or more attomeys-in-fac[ or agen[s pursuan[ [o and within the li}mts of the au[horiTy
evidenced by the power of attomey issued by the Company to such person or persons.
RFSOLVED FURTHER, tha[ the signawre of any au[horized officer and the seal of the Company may be affixed by facsicmle to any POA or certifica4on thereof
authorizing the ezecufion and delivery of any bond, undertaking, recogniunce, or other suretysltip obligadons of the Company; and such signaNre and seal when so used shall
have the same force and effect as though manuatly af5xed.
IN WITNFSS WHEREOF, Amwest Surety Insurance Company has caused these present to be signeA by its proper officers, and its corporate seals to be hereun[o affixed this
12ffi day of December, 1997-~ John E. Savage, Reside t Karen G. Cohen, Secretazy
State of Califomia County of Los Angeles On December 12, 1997 before me, Peggy B. Lofton Notary Publiq personally appeared John E. Savage and Karen G. Cohen, personally known to me (or proved to me
on the basis of safisfictory evidence) to be the person(s) whose name(s) is/aze subscribed m the within instrument and acknowledged to me all that he/she/they executed the
same in hisfhedtheir au[fiorized capacity(ies), and [hat by his/hedtheir sgnaNre(s) on the inshvment the person(s), or the enrity upon behalf of wfiich the person(s) acted,
execu[ed the instrument. .
WI1'NESS my ~a d and official seal. PE66V 9. LOFTON
I 1 i
..~y 1NSUq9~~"~-. Nc1wp P~b1~ S~Cdi~amio
S
~lO.pPPOH~; Signamre
-s 1.aMpdMCa+~tf~
sJ;2 MNComm.Exp~AuG6.1994
DEC.14, .n_
=.YS 1995 zr~c
1 5230 Las Virgenes Road Calabasas, CA 91302 TEL 818 871-2000 1
C12LIFORNIA ALL-PURPOSE
State of Celifornia
County of San Diego
ENT
On January 11, 1999 before me, _ PenX E. Edgell , Notary Public ,
Date Name antl Title ot O(ficer (e.g., "Jane Oae, Notary Public')
personally appeared Jeffrev W. Caviqnac ,
Name(s) ot Siqner(5) Wersonally known to me
❑ proved to me on the basis of satisfactory evidence
to be the persorriN whose name* is/MiKsubscribed to the
within instrument and acknowledged to me that he/Aju9d=
executed the same in his/MMO= authorized capacity",
and that by his/)@dftt[signatureU on the instrument the
persoruM, or the entity upon behalf of which the person6&
acted, executed the instrument.
PENNVE.EDGELL Ca~,mts~onaii2oepy ~ WITNESS imy hand and official seal.
\ lxz
~ *MY Notary Punlic - Ca
San Dtego Counfy Comm. Expires Dea 26, pppp
Signat e t Notary Public
OPT/ONAL
Though the information be/ow is not required by law, it may prove va/uable to persons relying on the document and could prevent
fraudulent removal and reattachment o/ this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑
❑
❑
❑
❑
❑
❑
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
Other:
Signer Is Representing:
.
Top of thumb here
Number of Pages:
Signer's Name:
❑
❑
❑
❑
❑
❑
Individual
Corporate Officer
Title(s):
Partner - ❑ Limited ❑ General
Attorney-in-Fact
Trustee
Guardian or Conservator
.
Top of Ihumb here
❑ Other:
Signer Is Representing:
0 1996 National Notary Associatlon • 8236 Remmet Ave.. P.O. Box 7184, Canoga Park, CA 91309J186 Protl. No. 5907 ReoAer. Call Toll-Free 1-800-876-6827
0 0 °
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-1 Z Q Q O W W~ Q~ Q~ Z Q Q 3 F O O 7D W Q 3 Q W W O-~ W W J a O W~~ O O a¢~J W > LLI tn ~ O G ~ 4~ J W Q O 4D W Q ~ W Q Q~ W~ W Q Q W 4 z Qw W Q W S W F=
4 N N N X X 3 3 > H F V1 U7 ~ ~ 0 C~ d d O O Z Z J J
F ~ ~L = = lV ~LL E W W O D V U (0 a ] Q C N N N 3 3> 7 F- 11) 2 ' Q d O Z E -i iL -r N 11 i i i n~ 7 m Q n
W.52ND AVE
W.ABTH AVE
W.44TH AVE
W.AIST AVE
W38TH AVE
W35TH AVE
W32ND AVE
W.29TH AVE
W.26TH AVE
AGENDA ITEM RECAP
AGENDA ITEM _ Pi i
December 14, 1998
QUASI-JUDICIAL _ X
Yes No
_ PUBLIC HEARINGS _ C[TY IvtGR. MATTERS _ ORDINANCES FOR 1ST READING
_ PROC./CEREMONIES _ CITY ATTY. MATTERS _ ORD[NANCES FOR 2ND READING
X BIDS/MOTIONS PUBLIC COMMENT RESOLUTIONS
INFORMATION ONLY ELEC. OFFICIALS MATTERS AGENDA ITEM TITLE: Bus Shelter Contract Amendment
SUNIMARY/RECOMMENDATION: The contractor for constructing bus shelters in the City is requesting an
amendment to extend the completion date for constructing all 30 shelters
to May 30, 1999.. Approval is recommended.
ATTACHMENTS :
1) Alan White Memo
2) Letter Request £rom Outdoor
Promotions
BUDGETED _
ITEM: Yes
Eund
Dept/Acct #
Budgeted Amount' $
Requested Expend.$
Requires Transfer/
Supp. Appropriation
No
Yes No
SUGGESTED MOTION:
"I move to approve an amendment to the contract with Outdoor Promotions to extend the completion date for
constructing bus stop shelters to May 3Q 1999."
C:\Barbara\CCRPTS\busshel.wpd
December 3, 1998
Alan White
City of Wheat Ridge
~ 7500 W. 29" Ave.
` Wheat Ridge, CO
RE: Bus Stop Shelter Agreement
Dear Alan:
outdoorz,
pezomotions west
A 7riumph Outdoor Company
This letter will serve as our request to address the following amendments to the Bus Stop
Shelter Agreement dated March 31, 1996 between the city of Wheat Ridge and Outdoor
Promotions West, LLC ("Shelter AgreemenP'):
a. The date "December 31, 1997" in the third sentence of Section 3 is hereby
changed to "May 30, 1999."
b. The last sentence of Section 15 of the Shelter Agreement is hereby
amended by adding to the end thereof, "provided, however, that this
provision shall not relieve the.City of its obligation to comply with the
terms of this Agreement."
All terms and provisions of the Shelter Agreement will remain in full force and effect.
As we are now prepared to install additional shelters, these changes will permit
compliance with our Shelter Agreement and provide safekeeping of our continued
investment into the city of Wheat Ridge.
Please present our request to the Council for their consideration.
Sincerely,
l~
Gary ou~ ~
President
12301 North Gron18240
Thornton, CO 80241
303280.7000
FAX 280.6777
oF WHEqT
City of Wheat Ridge ~ o
Plaruiing and Development Department
Memorandum
TO: Robert Middaugh, City Manager
FROM: Alan White, Planning and Development Director ou
SUBJECT: Bus Shelter Contract
DATE: December 4, 1998
The contract for the construction of bus shelters throughout the City was awarded to Outdoor
Promotions in 1996. The contract contained a completion date of December 31, 1997 for the
cons[ivction of 30 shelters. Due to the constraints imposed by the bus shelter regu(ations,
Outdoor Promotions was unable to construct 30 shelters.
The Ordinance has been revised and Outdoor Promotions wili be ab(e to complete construction
of the shelters. However, the contract with Outdoor Promotions needs to be amended to include
a new completion date. The City Attomey has advised that this extension can occur by letter
request with approvaf of Council.
Attached is the letter from Outdoor Promotions requesting a new completion date of May 30,
1999. Also, Outdoor Promotions is requesting another change to the contract dealing with
limitations of actions. This section states that Outdoor Promotions wil( not institute any action
or suit against the City arising from the permission granted by the contract to construct the bus
sheiters. The addition Outdoor Promotions requested would modify this limitation with a
provision that the City is not relieved of its ob(igation to comply with the terms of the
Agreement. In other words, the additional wording means that Outdoor Promotions cannot sue
the City, unless the City does not live up to its obligations of the contract.
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Robert Middaugh, City Manager
FROM: Alan White, Planning and Development Director am
SUBJECT: Bus Shelter Contract
DATE: September 3, 1998
Attached is a fax I received from Gary Young of Outdoor Promotions concerning a change to the
bus shelter contract. If this change is okay with you and Jerry Dahl, we will proceed to process
this with the Code change. Even without this change, I'm wondering if we need a new or
amended contract if they didn't fulfill the old one.
If you need a complete copy of the contract, we can provide one.
~14Jr~a-•
eAe.*-~;, T, • kw"
Aew coVAPwap, c61~-
From: Gary D. Young To: AJlan White Date: 92798 1ime: 10:54:46 PM Page 1 of 3
FA~SIMILE COVER PAGE
To Allan White From : Gary D. Young
Sent : 9/2/98 at 10:53:24 PM Pages : 3(including Cover)
Subject : Contract amendment request
Allan,
As a result of the anticipated changes to the code, we are looking forward to investing thousands of additionai
doliars in Wheat Ridge to continue upgrading the amenities at the bus stops. However, the way the contract is
currently written, we are always at risk of termination without cause. We are making a firm committment to the
City and i believe that it is resonable to expect the same committment.
Attached is the change to the contract that would address the vulnerable position of our investment and does not
put the city at risk. I woufd like to have the Council consider this change at the same time as they consider the
code changes.
We continue to appreciate our relationship with the City of Wheat Ridge and I sincerely thank you for your
support.
Gary
)PMENT Building Permit Number: <4,~,36
zass Date: .541a~67
Property Owner: Ro6G f~~,-~ y. ~fSSac,
Property Address : ~i ! y , ~~O f
Contractor License No. 93 ~ 6 u/. 3 Fr
Company : Ou;41__r
Phone: -~c, 3-7y/-66YV
Phone : J 70 ->L2 S-/ S S0
OWNER/CONTRACTOR SIGNATURE OF UNDERSTANDING AND AGREEMENT
Construction value : 1/3 ob ,
I hereby certify that the setback tlistances proposed by this pertnit application are accurete,
and do not violaleappliwble ordinances, rules or regulations of the Ciry ot Wheat Ridge or
pefrtllt F08 :
covenants, easements or restriaions of record; that all measurements snown, and anegations
Plan Review Fee :
made are acwrate; that I have read and agree to abide by all conditions printed on this
application, and Nal I assume full responsibiliry tor compliance with the Wheat Ridge Building
C
d
U
B
Use Tax :
o
e (
.
.C.) and all other Applicabl eat RiAge ortlinances for work untler Ihis Dertnit.
(OWNER)(CONTRACTOR)SIGNEO DATEMr10-96
TOt21:
Description: QI,
S S ja
Ikli- 2nS41t0.47 c_
,
-
BUILDING DEPARTMENT USE ONLY
Zoiii~ R'~'CB~.~nk~
Ai
Approval:
Zoning :
C- 1
su~ray rn~~e~
Approval:
P012N"ICS~`CO rTimerits~
Approval:
Occupancy :
Walls
$IC : Sq. Ft. :
~
Roof : Stories : . Resideniial Units :
Electrical License No
Company :
Expiration Date
Approval:
le
(t)
This pemtitwas issueE in au
Re9ulations and Builaing Ca
(2)
7Tis pertnit shall exOrte rt(A)
abantlanetl br a penoO o/ 12
If Ihis permit ezpires. a new, p
original plans and spetifwGc
extp@ds one (1) year, N1I fea
(0)
Na work of airy manner shall
(5)
ConVactor notiry the Bu
pnceeEf sutcessive I
(6)
Thei an o/ape itorU
olt~GbuilC' gcotl oranyc
Plumbing License No : Mechanical License No :
Company : Company :
Expiretion Date : Expiretion Dafe :
Approval: Approval:
IN g
uovisions set foM in ya0ur appiiration and is sublect to the taws o( the State of Colo2CO and to me Zaning
Colorstlo or any oMer apPliraEle oNinances ol Me Ciry
d is nol commenceC within sizry (60) tlays fmm issue Gate or (B) Me Ouiltling auNOnzed is suspentletl w
iiretl for a Iee o( one,half Rie artwwt normaly reQUireE, provitled no Uanges have Oeen or vnll Oe maCe in Ne
ision or aEanOOnment has not exceetleE one (1) year. II Nangas are maGe ar il suspension or aEanCOnment
a new peemit.
nange the naWral Oow of watercausing a tlrainage pmOlem. :nry-tour (24) hours in a0vance tor ail ins ns and shall reteive wntt pproval on inspeclion wrtl before
dngs and specifwUons sha11 not Oe cons~ig, De a permit Mr, nor n ppro" of„dny vioialion of me Drovisions
7 Building lnspector For Mayor -
IS PERMIT VALID ONLY WHEN SIGNED BY THE CHIEF BUILDING INSPECTORA'N~
CALL: 234-5933 24 HOURS PRIOR TO INSPECTION -
MAYOR
P.O. so: 27oso7 OUTDOOR Ailiihw~ Don Goette
ft. Collins, co sos¢~ qOMOT/ONS uc Vice President of Operations
(970) 225-15so Mul[4MedloMorMetlrg Professlonolz Ceilular (970) 566-1589
f3us Shelter uJorksheet
City:
State
:
Sight Location:Nw~~
Shelter#:
/
~.(l~.Fw,`Y R:
'~-O
3 4b, q- t `~nn
Landmarks: ~
K~n
S~ ~s
~Of1CYG~tC~
Phone
M#:
Name:
Contracted Date:
Date Completed:
Cost:
Elec. CO(1trQCtOr
Phone
M#:
Name:
Locate Conf
=Contractedate:
4
ate Completed:
Elec. Insp. / Insp Date:
0other InFO
Land Owner:
Owner Signature:
Land
(I Hove Been Notified: x
)
Special Requests / Additionai Information:
Sight Mcap
N
u S o°/~'°~-S
c
~
s
S:cLe.c,,a K S' '
3
purn000'as"lih-
700NorioMs
Bus Shelter, Bench 5 Ponel Rdvertising
7839 Eost Hormony flood, #4 (970) 445-1550 Ft. Collins
P.O. Box 270807 (303) 432-4422 Denver
foK Collins. CO 80527 (970) 353-8854 Greeley
(970) 225-1560 kix (307) 637-4228 Cheyenne
(888) 844-6567 Toll Free
February 11, 1997
Bob Middaugh, City Manager
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80215
2t: Permit for Bus 5nelt°rs
Dear Bob:
~ ~ I~q97
I am happy to report to you that we have instailed the first five of the new shelters at the RTD
stops. The new look has received very positive reviews. We have just received approval from
CDOT after their final review and are now ready to install an additional fifteen shelters.
When we first began our negotiations with the city, we did not realize that the City of Wheat
Ridge had no right-of-way in back of the sidewalk along most of the streets. This situation has
required us to approach the landowner adjacent to the bus stop to secure a land lease. In
some cases we are having to pay $500 per year to lease an area to place the shelter. This is
an additional expense on top of the revenue that we have promised to pay the city each year.
The issue that I need to appeal to you for relief on is the cost of the permits to install the
shelters. We aiso were not aware that the permit fee from the city would be so expensive.
The staff is assessing about $400 per shelter. In the other cities where we are providing this
service, they have either waived the fees or dramatically reduced them. Since the shelters
prcvide a public service and they also generate revenue for the city, I am appealing to you for
an adjustment on the permit fees.
I appreciate your attention to this matter. Please call if you wish to discuss the details further.
Sincerely,
W csZ~
Gary Yo ng `T-` ~`r'`, c°`^ •
President rn o-f- y~y~cC,~~ ~ a c.~j
cc: Glen Gidley, Director of Planning ro 6 R~ k-~-d . 6n- o
G~
6.00 PG: 0001-001
RECEPTION NO. F0368361 2/06/97 14:13:20
230 RECORDED IN JEFFERSON COUNTY, COLOftADO
BUS SHELTER AND UTILITY EASEMENT
The undersigned Crrantor hereby acknowledges receipt of a one time fee of D C7 ."d
from Outdoor Promotions, 1839 East Harmony Road, Unit #4,'Fort Collins, CO 80525,
Grantee in consideration of which Grantor(s) hereby grant(s) unt a ttain, and
successors and assigns, a non-exclusive easement to conshuct, operate, m
repair a Bus Shelter and electric utility lines and may be hereafter constructed and
replaced in:
BLOCK ~
SUBDIVISION z~tr ~G✓~-~s~ ~
ADDRESS S ~o
in the SZ✓.3 section Township G=3
Range ( i, in the City of G✓ the easement being described
County of %~r~^-~ • State of L-
as follows:
The easement is s feet in width and % S feet in length. The
boundary lines of the easement shall be the width and length as stated above for the
purpose of a concrete pad. In addition, Grantor agrees to allow a continuous strip wide
enough to accommodate a buried utility line to the neazest utility pole if applicable.
Together with the right to enter upon said premises, to survey, construct,
maintain, operate, repair, replace, control and use said Bus Shelters and related fixtures
and devices, as may be required to permit the operation of standazd construction or
repair of Shelters. The Grantor reserves the right to use and occupy the easement for any
purpose consistent with the rights and privileges above granted and which will not
interfere with or endanger any of the said company's facilities therein or thereof. In the
case of the permanent abandonment of the easement by Grantee all right, privilege,
interest granted shall terminate. Grrantee agrees to maintain said Bus Shelter. The
Outdoor Promotions maintenance program calls for twice a week cleaning. During each
visit to the Bus Sfielter, our staff will: power wash, ciean , and squeegee glass panels,
empry'trash receptacle, and inspect the area around the Bus Shelter for trash. A 24 hauc
emergency response number is printed on each Shelter for additional immediate
maintenance needs. The work of installing and maintaining said Shelter and fixtures
shall be done with care; the surface along the easement shall be restored substantially to
its original condition.
Signed this day of _j 6i n"«..-y, 19 9 7
GRAN'I~EE: . C' R ~
Narn e 4v v~~~~
Address ~ Z-ce
~`>J Co. y~"L1Z.
Phone 420 l~->U
~ J
!✓21f ? ~ ~ ~~E'•1~7<
, -4jz . C,, - p 0 2 /-S
752 AASHTO-Geometric Design of Highways and Streets
!'y{ riFS (2r 7?) .
e /~CU~SE1~ 51("~I~i.Ar~ 51-/aWln~l~ ~IG~i ~'YG[0-~oJZ~-~'
d L.E~-YL OF A'{°~c"L2:1(FtC- Cp, ~-lM:-~~ I ~ I~ I
Sr;D'rE5 I 3~ I
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~ 15-1 SEn3AGK- F2o.L CUl2f3 (4DA) ~
o r,4(L $l06-
91AJOR HIGHWAY I -
- - TP--
1
° cYI- 5&'YV1"1S olr- \
$774-m }!'i&I-I-Wd4-y) roWVST" T3E E~
~~[ac
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41 0R 42 =WTERSECTION SIGHT OISiWCE REOUR[D!F ~
Oi OR az = L47 VW+im. RHERE I
~ ' DESILN SPfE➢ IY.P,h.i
d= PERCEP710N/REACTION 7ME, ASSUYE 2 EC01lDS
ta ' 7ME FOR ACCFIERATION [SEE FIGURE IXS-3]~.
NEEDEO iD DEti'ELOP " I
5 = D.11.i. fHEXE• -
5= DK74NCE iaAvdm BY vQICLE 70 CRO55
WJOR {lG4fWAT IFEEfI.
D= DISTMICE fFq1 NFAp mGE pF PAVEMEM TO
FFONi Of A $TpppEp VFJLCiE. ASSUYE 10 iEET.
0 = P&VEJIEN7 VM7M LLOnC PATH OF [I70$$ML
vFll0.E IfEETi
L= OvERA1.L LENCTH pf LRp5SR1G VEHiCLE P= ry
SU = JO'. MB-50 = 55'.
WNERE STOPP►fL SICH'T q57ANCE ( AS.D. IE%CEEDS
THE MERSECTNr/ ALFR qSiANCE 1 LSD.i USE TIIE
Si0. ~
THE fROHT OF VEM0.E t4.L NORUALLY I
FALI AT mGE OF 910ULDER. THE
SHIXADER ItmiH huT BE IESS ~
THAN p
I
- _ _ _ - _ - -
___-_TP.-~-
I f-
MAJOR HIGHWAY IF
- ~7} l~ - T.
llld~ ~
t`-RR•51nc I-oUs'nvrJs
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f I I
>I
a
3~
S
U •
I ~
•f
~f
-AI-UNDIVIDED HIGHWAY
FOR
VALUES OF
dI OR d2
SEE FIGURE
IX-39
DESIGY!
IL-IAEDIANMIDTH CROSSING M4NEUVER
VEM0.E
f FEET )
N0. OPERATIONS
P
o-ze,
1
~ P
Q4'
2
~
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I
I
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-
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- _ - -
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T P.-
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S
I - ~ - - - T. 1 P.-
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-
7.P. = TRAVELEp MAT PAVEMEHT
W = MEDIAN MIUTH
~
M =TP (2 1*Y
I
:E I
I
I
TO MAK.E ADJl15TMENTS FOR CRAD
ES,SEE TABIE IX-8
TO aDJUST MIDTH ( w ) FOR SNEw
ANGLE CROSSING, SEE
FIGURE IX-41.
1=q' "-tUl:c W IHAVLLED IIAY OR NRB
_1'7---tfDGE Of SHOULDER
-A2-DIVIDED HIGHWAY
Figure IX-35A. (A1 and A2)-Intersection sight distance (case
IIIA-level-90 deqree crossinqs).
t'IrI
,14
At-Grade Intersections
CASE Iil STOP CONTROL
MAJOR ----------I I
HIGHWAY --i------
---tf-----
d~ d2
~
MINOR HIGHWAY
CASE IIIA - STOPPED VEHICLE CROSSING
A MAJOR HIGHWAY
~
MAJOR -------`=-~IID
HIGHWAY
~
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~
MINOR HIGHWAY
CASE IIIB - STOPPED VEHICLE TURNING LEFT INTO
TWO-LANE MAJOR HIGHWAY
751
L
MAJOR - I -
HIGHWAY [OME~-_----J-~-----------
,
di
MINOR HIGHWAY
CASE IIIC - STOPPED VEHICLE TURNING RIGHT INTO
TWO-LANE MAJOR HIGHWAY OR RIGHT TURN ON A RED SICNAL
m
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H-1-Rental 719-543-6244
~ A-1 RENTAI, SAIfES & SEI.2VIGE, INC.
Onai iTY RFNCAL EOITIPMEtQT & WORKSITE TRAFI"IC CONTAOL
~ 201 COLORADO AVE. 1130 C VALLEY STREET
PUEBLO, CO 81004 EOLO. SPRWGS, CO 80915
(719) 543-1353 FAX (719)543-6244 (719)597-4847
,i4
CONTRACTOR & LOCATION: n fin
DATE(S): 6LUf~~7nfS~/C/<%~~C:1nK1/996
NOTES:
*
1. THIS IS A REPRESENTATION AND IS NOT TO SCALE.
2. DAY i NIGHTTIMEPROJECT. TmE
3. DURATION WiLL BE -3 DAVs t~cN ~ocATy
4. 48" ADVANCE SIGNS WILL BE SPACED 5DO FT. APART.
S. WILL BE USED FOR CHANNELIZATION.
6. CHANNELIZING DEVICES WILL BE SPACED y5 FT. APART
WITH TAPER BEING SYO FT. LONG.
2 TyPrc/.L raC SiK courr,xis fae l+v. <7.)f .sL'c_g~-,2s.
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FROM :CDOT PUEBLO MONRRCH 7i95465494 1996.11-13 09:03 #461 P.04/04
CASE III
FOR 9US SiDPS YATFI ATTACHEO SIOklNALKS.
i CEF
I ~
I I BU5~~1 i
I I 1 I oclsnNS
ae s'
4'
J
. . ~ ~ SIOEWALK
___=====T Y.z'===
7 - - ►--r wiMMUu • MNr- PAo
EItlSTiMG-/-.".-.------ ..~r - A
1 ll
mAa, ReCfPTIcAL
noanoNU aioKr-oF w•r oa SHeLmt
~ WTM OW10 SDEWILt =7W Eh3EMENT REql1RED IF SHELTER EfITFNN0.+
OU751DE OF EX1511NG RIpiT-OF-WAr.
CASE IV
FoR eus s1nPS wrnH ArrAaeo soEwatxs uaae niu+ is rgr woE
i --------------r~-r--1
I j D U S--'r I I
I I ~ ~
. . . .
3'M~IIMUId
4'-8' DFSIRA9LE
N I
I
~ux
N > 15
.
m s' uimmuN
.sa a~ancu ~w.) a'
CLEAR 20NE •
• wOM nut trE SWO" ee ror rM A mM uW aIM&AL
M lIIOI 't&M AE SMW11 WT IIQI BE OMRlCIFD MD RIE
9F1'IEI ULL MFm 10 BE LOCISEC ff1U0 AF BYlI W nncau r
fYE`tYMwYDi
91L ]
FJIF
C[nt GF CO1L'RADO SPKMGS
TrvleAt BUS SNELTER
PtACS10Elii
FROM :CDOT PUEHLO MONRRCH 7195465494
1996.11-13 05:02 #461 P.03/04
CASE I
FaR BUS 6TOP5 IMIH DETACHEO SIOE1'IALKS IWO AN AREA
BEidEEN CURB AND SIOEWALK f;REAIER 7NAN 8 FEET 1NOE
i ----M - - - -
-
- - - - - - - - - -
B U S ~T~
P
H
T
'
I I
I
1/2
EII
AN50
JIXtd
1 I I
L---~~~ °°°n --------~t am J
`
'
:
. .
'-..r.^ J YNOILIY
7777
~~-a~ pE51RABtE
~
TRASH RECEFnC~C
(TYP)
r
:
6
/ \
LBQ~~J
•
.
.
a1 wxviMuM
iR
EasnNG snEw~ux
~
c
.
cLEat za+e
T-= ~ : .
. ~:_:~ze`
`
.
Mtltei ar,e mK ae r,ul ~1we
800YNX ~D91 *ICE14R 12 OEAkA
CASE II
fOfl BUS STOPS Yd1H DEfACHFD 90EWALKS BUT AREA
BEfKE£!t CURB AND SIDEMUI-K IS LESS TNAN 9 FEEf wIDE
r-----E~~ -~------------e~r---1
I I I 1
B U S -r I I 11V DiPANSION JOINf
I 1 I I
J
- - - - - -mnsH ~T
aECEPncnl- ~ 9,
FJQStING SIOENAUC
2' MIN.-
oust*vc] f
aROaEa7Y
, ,-T
7.
LINE
1' BL6FEA
2'
18'
3'
: : : : : : .
C[YY GB CotOSA00 9P$INGaI
MOITIONAL RIGHT-OF-WAY ai SHFI.7ER
EaExuEyT REpUqiEp IF SHEL7ER EXfENDS
OtITypE OF O3S7ING RIGHT-pF-WaY_
IYPICAL 8llS &IEL7E4 i
PLACf9iEPl1' i
srr.
Date: 20-NOV-1996 03:48pm MST
,44
TO: Kenneth Mauro @DHQ
TO: Matthew Reay @DHQ
TO: John Feuerstein @DHQ
From: Yakov Kononov @DEN
Dept: D6PREDU6
Tel No: (303)757-9039
( MAUROK )
( REAYM )
( FEUERSTEINJ )
( KONONOVY )
Subject: Placement of bus stop structures at or near intersections
Hi Ken,
I would like to discuss with you our position on this issue prior
to the meeting in Colorado Springs on Friday. As I see it, we want
to ensure that appropriate intersection sight distances as opposed to mere
stopping sight distances are provided when placing a bus stop structure.
In addition far-side placement is always preferable to near-side
placement at an intersection. The process of locating a bus-stop structure
should include the following steps:
1) Intersection sight distance analysis as per Green Book.
2) Sight triangles should be plotted on a scaled drawing and
a proposed bus stop structure placed outside the boundaries
of a sight triangle.
Green book and Design Manual make references to the design
speed when making these decisions, but I think that prevalent
operating speed is more appropriate.
John Eeuerstein will attend the meeting in Colorado Springs and
explain the concept and its application using Figure IX-35A of
1990 Green Book.
Please let me know what you think of this.
Thanks,
Jake
DENV VVATEit
1600 West 12th Avenue•Demeq Colarado 80254
Phone (303)628-6000•Telecopier No.(303)628-6799
July 26, 1996
Mr. Gary Young
Outdoor Promotions
P.O. Box 270807
Fort Collins, CO 80527
Dear Gary:
C1TM
OF ~yH~4T RIpGE-.
n,rp
JUt 291996
' L
~IAIV Nu
G & DEVELOPMfNT
I have received information from the Denver Water Property Administration
Section and the Project Engineer for the Ashland Center regarding the
Southwest corner of the intersection of West 29th Avenue and Sheridan
Boulevard. Denver Water owns, fee title, an area of land that extends some five
feet into the concrete sidewalk at that location.
Regarding Outdoor Promotions effort with the City of Whoat Ridge to place an
advertising bus shelter at that location: The only possible way that a shelter could be installed at that location is through
agreement with Denver Water through Ms. Geraldine Barela. She may be
reached at (303)628-6219. Typically Denver Water requires a fee or royalty for
such licenses, and she could be more specific about the requirements in this
instance.
I have requested on two prior occasions that you provide drawings, photo-
marketing cut sheets, color photographs or other materials that would illustrate
the details of such a shelter for our staff to review. As yet, I have not received
those materials. Please advise if you have sent them to some other location
within Denver Water so I may track them down.
Note that all official communication regarding a shelter at this location must be
directed through Ms. Barela.
Sincerely, &~c
Q)~L
Ken Ball, ASLA, RLA
Landscape Architect/Conservation Specialist
CC: Sean McCartney, City of Wheat Ridge, CO..
v~.•~
~ : CONSEto/E , _ ~
KEN BALL, ASLA, RLA
Conserva[ion Specialis[
303/628-6329
Fax 303/628•6349
DENVE2 VYATEZ
1600 West 13th Avenue
Denvep Colorado 80254 • (303) 628-6000
RTD BUS SHELTERS ISSUES ~L~~Y
1. Shelter Locations
A. Existing - Curreni Investment
B. New - Research/Review
1. Future Route Pianning
C. Emergency Response
II. Route and Schedule Information
A. Shelter Boards
B. Future
1. LED - iE r -7( t:.ris
2. Kiosks - '6+15 )at--w C"'MPL42"'f1' TIMWALWAL63
3. Phones, etc. -~~-rL.i.~Ncra q N,oricv~.: pF}cti^ey
III. Maintenance
A. Responsibility
B. Complaints
IV. Systemwide Uniformity
A. Information Display
B. RTD Identification/Logo
V. Revenue Generation/Sharing
A. RTD Costs
B. Transit System Support
2q°~ 22z,-7
A, SI571-0 d- Ce PV ~f~ obtV-- aN ri2,d,c-T"
. 4.. 3_03 235 26574 1
SENT BY:Xerox Telecopier 7020 : 7- 3-96 : 4:05PM ~ 3032992_363.
i
i
~
R89IOM8I TflBSpMftliOn DIKdCt 1800 Bieka Sveet p D
Denver, Cotorado 80202-13g9
General Menager mmg.9000 ^
Juna 13, 1986
The Honore6la Dan Wifde
Mayor, City of Wheat Ridge
7500 West 29th Avenue
Wheet Aidge, CO 80215
Dear Mayor Wilda:
The Regional Trenaporcation District (RTDy has cheduled a meeting to discuss our efforts to
develop a District-wide bus passenger shelt advertlsing program on July 91, 1988 faom
11=00 A.M. to 1:00 P.M. in Rooms T and D at our 1600 Blake Street Administrative offices.
A box lunch will be served; pleabe RSVP t Ms. Judy Lehn, RTD Executive Offica Assistant,
at 299-2301 no later than July 3, 1896.
As RTD Chairman of the Board Ben Klein ateted in his April 71 letter to you, RTD is seeking
a cooperetive relationship with locel governments to inCrease the number of passenger
shelters, provitle ragular shelter maintenance and cleaninp and assure passenger shelter
edvertising Complience witfi local government codes, regulations end aesthetic preterencee.
I hope that you,or a designeted representative of your Municipality will attend this meeting.
Please feel free to contact Frank Sharpless, RTD Government Relations Officer, at 299•2257,
if you have any questions regarding this matter.
Sinc
Clarence W. Marsetla
General ManaBer
CWM:FS:jal
C. Ben Klein, RTD Chalrman of the Board
Frank Sharpless, R7D Government Relations Officer
Poahtt° Fex NMe 7671
09~ pa ►
To~EA~ /?'l%kr*hY
"'Z iCE
ceJMq•
~ At
Plwm N
Phone
O'•
.x 0
Fe~«
An Equei Opportunity / AMlrmfllive Aation Employer
. . . . , r.._
§ 21-ioi
WHEAT RIDGE CITY CODE
ARTICLE III. PERMITS FOR USE OF
RIGHTAF-WAY
Sec. 21-101. Generally.
(a) Permits for temporary use of public right-
of-way by abutting property owners may be is-
sued when such use is bene£cial to both the ap-
plicant and the city. Such permits shall be issued
only upon a finding by the director of public works
that:
(1) The desired results caimot be achieved with-
out the use of the right-of-way;
(2) When the desired results can be achieved
with no impediment or impairment to pub-
lic use of the right-of-way; and
(3) When the desired results can be achieved
with no danger to the public being created
thereby.
The director of public works or his designee shall
have sole authority in determining whether the
conditions previously stated in this paragraph have
been met.
(b) Any structures or other intrusions existing
as of December 5, 1986 in public rights-of-way
shall be removed within six (6) months of the
effective date of Ord. No. 1986-689, unless a per-
mit of the type described herein is issued or is
being processed by such date. No structure, im-
provement or other intrusion shall hereafter be
placed or constructed in the right-of-way without
a permit as herein described having been issued.
(Code 1977, § 20-25)
Sec. 21-102. Term of rightof-way use permits
The term of the permit provided for by this
article shall be no longer than three (3) years
from the date of issuance. The city engineer shall
determine the appropriate term and issue the per-
mit accordingly. Issuance of any permit shall not
preclude the city from terminating said permit a*.
any time, without liability to the city, pursuant
to the provisions of section 21-104.
(Code 1977, § 20-26)
Sec. 21-I03. Renewal.
Permits issued under the provisions of ihis ar-
ticle may be renewed if the original conditions to
the issuance are still in existence and the city's
interest continues to be served.
(Code 1977, § 20-27)
Sec. 21-104. Termination.
Any permit issued under this article may be
terminated upon ninety (90) days' notice from the
city engineer. The city shall not be liable for any
costs incurred by the permittee resulting from
such termination.
(Code 1977, § 20-28)
Sec. 21-105. Utilities.
No provision of this article shall be construed
as to pertain to the legitimate use oF the right-of-
way by a utility company or special district. Such
legitimate use shall be considered only as those
uses which do not preempt the city's ability to
utilize the right-of-way in the city's interest. Such
uses include, but aze not limited to, the following:
Water mains, laterals and services; sewer mains,
laterals and services; electric, gas, communications
and telecommunications distribution networks (both
aerial and underground); and public transit shel-
ters, benches and appurtenances.
(Code 1977, § 20-29)
Secs. 21-106-21-120. Reserved.
ARTICLE IV. CQURTESY BENCHES
DIVISION 1. GENERALLY
Sec. 21-121. Definition.
In this article "courtesy bench" means:
(1) Any bench or seat, located on public or
private property within the city, which con-
tains advertising material.
(2) Any bench or seat, not containing advertis-
ing material, which is located on a public
iight-of-way or on public or private prop-
erty within the following rectangle adjacent
to an RTD sign designating a bus stop:
Twenty (20) feet either side of the RTD
sign and parallel to the roadway, and ten
(
\
1382
~ STREETS AND SIDEWALKS . § 21-124
(10) feet from the RTD sign perpendicular
from the roadway.
(Code 1977, § 4A-1)
Gross reference-Definitions and rules of construction gen-
erally, § 1-2.
Sec. 21-122. Eacemptions.
The city and the regional transportation dis-
trict are hereby exempt from application of the
provisions of this article.
(Code 1977, § 4A-15)
Sec. 21-123. Identification of owner.
Each courtesy bench which is placed within the
city shall be identified with the name of the owner,
regardless of whether. the owner is a person; busi-
ness association, or nonprofit organization. Such
identification shall be placed on the front edge of
the bench seat which faces the street, and shall
be designed so as to be identifiable from the street.
Such identification shall be placed on all benches,
whether or not the bench has advertising.
(Code 1977, § 4A-9)
Sec. 21-124. Construction specifications; loca-
tion, maintenance.
(a) Size and weight. No bench shall be more
than forty-two (42) inches in height, two (2) feet,
six (8) inches wide, and more than seven (7) feet
in length. All bus stop benches must weigh a
minimum of three hundred (300) pounds or must
be anchored/secured in sufficient manner to pre-
vent movement.
(b) I.ocation. Benches for bus stops shall be lo-
cated only at designated bus stops within the pub-
lic right-of-way, off of the roadway or off of the
public right-o£-way with written permission of the
property owner. If a bench for a bus stop is lo-
cated off of the public right-of-way, the written
permission of the property owner shall accompany
the original application for permit and each an-
nual reapplication submitted by the permittee.
The bench must be placed at, or as near as is
practicable to,the place where passengers board
and disembark from the bus. It shall be the sole
responsibility of the permittee to assure that all
benches are placed on the public right-of-way or
that permission has been granted from the other
property owner. The bench company will be re-
quired to maintain and clean the azea under and
within a five-foot perimeter of the bench.
(c) Dist¢nce from roadw¢y; m¢inten¢nce accea
sibility. No bench for a bus stop shall be main-
tained in any alley nor at any location where the
distance from the roadway or curb to the back of
the bench is more than eight (S) feet unless the
bui7ding inspector, in his approval oF the applica-
tion, finds that to maintain a bench at such a
location is in the public interest. All benches for
bus stops shall be installed parallel with the street,
and set back approximately three (3) feet from
the paved roadway or curb, except as may be
otherwise permitted by the building inspector,
with respect to safety. All benches shall be kept
at all times in a sefe, clean and usable condition,
and each bench shall be accessible at all times.
The permittee shall be responsible for maintain-
ing and keeping the area under and within five
(5) feet of their courtesy bench free of litter and
trash.
(d) Zones in which ¢doertising matter on benches
permitted. Benches at bus stops which do not con-
tain any advertising matter shall be allowed in
ali zone districts. Benches without advertising
shall not be subject to assessment of a permit fee,
and may have a courtesy plaque, no larger than
fortycight (48) square inches, announcing the name
of the person, organization or company responsi-
ble for placement of the courtesy bench. Benches
which contain advertising matter shall be per-
mitted, by right, only in the following zone districts:
(1) Commercial series (RC-1, R-C, C-1, C-2, PCD)
(2) Industrial(PID)
(3) Multifamily (R-3, R-3A, PRD)
(4) Hospital (11-1, H-2)
(e) Benches without adaertising. For every five
(5) benches allowed with advertising, each bench
company shall provide one (1) bench without ad-
vertising in a zone other than those listed above.
The city specifically finds that exclusion of benches
containing advertising from the A-1, A-2, R-1,
R-lA, R-1C, R-2, and R-2A zone districts within
the city is necessary to preserve the aesthetic
character and integrity of the predominantly single-
1383
4 21-124
WHEAT RIDGE CITY CODE
family residential homes and neighborhoods es-
tablished therein. Because the need for benches
exists within such enumerated predominantly
single-family areas, provided such benches do not
denigrate the aesthetic characteristics thereof
through the presence of advertising thereon, it is
required that for every five (5) benches allowed
with advertising within the commercial, indus-
trial, multifamly and hospital series identified
above, each bench company shall provide one (1)
bench without advertising in one (1) of the pre-
dominantly single-family residential areas enu-
merated in this subsection.
(Code 1977, § 4A-10)
Sec. 21-125. Manner of advertising.
Advertising material which is contained on
benches shall be displayed only upon the front
surface of the backrest of the bench. All advertis-
ing materials, words, pictures, or other signs which
might mislead or distract traffic such that it be-
comes a hazard to public safety are prohibited.
(Code 1977, § 4A-11)
Sec. 21-126. Bus stop removal.
IF the bus stop at which a bench for a bus stop is
placed is moved or eliminated, notice by certified
inail shall be sent to the owner of the bench, as
identified in section 21-123, inForming him that
the bench must be removed. The bench shall be
removed by the permittee within thirty (30) days
after the notice is mailed. Prior to placing the
bench for the bus stop in a new location, new
approval by the building inspector must be ob-
tained by submitting a new application for per-
mit, a new site plan, and an additional fee to the
building inspector.
(Code 1977, § 4A-12)
Sec. 21-127. SYgn contractor's license required.
In addition to the permit as set forth in this
article, the permittee shall also be required to
obtain a sign contractor's license.
(Code 1977, § 4A-14)
Cross reference-Licensing of contractors, § 5-115 et seq.
Secs. 21-128-21-140. Reserved.
DIVISION 2. PERMIT*
Sec. 21-141. Required.
No courtesy bench shall be installed or main-
tained by any person under the provisions ofthis
article without first obtaining a permit from the
building division of the city.
(Code 1977, § 4A-2)
Sec. 21-142. Application; reapplication upon
expiration of permit.
(a) An application for a miscellaneous building
permit shall be submitted to the chief building
inspector disclosing the name of the applicant,
the location of the proposed courtesy bench, a site
plan on the form provided by the building inspec-
tor, and any other materials which may be re-
quired by the building inspector. One (1) miscel-
laneous building permit application may be made
for one (1) or more benches; provided, however,
that a separate fee shall be paid for each bench as
hereinafter provided.
(b) All permits shall expire at midnight on the
thirty-first day of March of each year. In order to
retain ownership of a current permit for a cour-
tesy bench location, the owner must make reap-
plication by the first day of March. If no location
changes oF the bench are anticipated, the reappli-
cation shall include the same items as the initial
application, with the exception of a site plan. How-
ever, if the owner wishes to make any changes of
the bench, a new site plan shall be included in the
reapplication. If reapplication is not submitted to
the building inspector by March 1, the owner will
be presumed to have abandoned his rights in the
bench and the bench must be removed by the
thirty-£irst day of Mazch.
(Code 1977, § 4A-3)
Sec. 21-143. Fees to accompany application,
amount; refunds or rebates.
Each application and each reapplication for a
courtesy bench permit shall be accompanied by a
fee in the amount established by resolution for
*Charter refereace-Revocable permits for temporary use
or occupation oC streets, alleys, etc., § 15.9.
~
1384
STREETS AND SIDEW:ILKS
each bench. No refunds or rebates shall be made
upon revocation, termination or expiration of the
permits.
(Code 1977, § 4A-4)
Sec. 21-144. Issuance.
The chief building inspector shall issue a cour-
tesy bench permit if the inspector finds that the
applicant has complied with all the provisions of
this article, and if the inspector finds that the
location and maintenance of a courtesy bench at
the proposed location will not tend to obstruct
passage or create a hazard to pedestrians and
vehicles traveling on the public right-of-way or in
4he vicinity thereof or be prejudicial to the inter-
est of the general public.
(Code 1977, § 4A-5(a))
Sec. 21-145. Inspection; failure to make timely
placement; disapproval.
After placement of the benches pursuant to the
permit issued under the provisions of this divi-
sion, the permittee shall notify the chief building
inspector when and where the benches have been
installed so that an inspection can be made to
certify proper installation. The inspection date
will thereafter be considered the official date of
bench placement. If the wurtesy bench is not placed
within sixty (60) days from the date of issuance of
the permit, the permit will be considered expired
and any bench which had been placed shall be
removed within fifteen (15) days thereafter. If the
inspector fails to approve the courtesy bench after
inspection, a written notice of reasons for the dis-
approval shall be given to the permittee; within
fifteen (15) days thereafter, the permittee shall
correct the reasons for disapproval or remove the
bench.
(Code 1977, § 4A-7)
Sec. 21-146. Maximum number; coordination
with other facilities.
There shall be only two (2) benches per bus
stop. Applications for permits for benches at bus
stops will not be approved for locations with ex-
isting or proposed bus stop shelters.
(Code 1977, § 4A-8)
Supp. No. 9
§ 21-145
Sec. 21-147. Indemnity to the city and the
public.
After approval o£ the application for permit has
been obtained, but before a permit shall be is-
sued, the applicant shall post or maintain with
the city a bond or policy of public liability insur-
ance approved by the city and conditioned sub-
stantially as provided for herein. The permittee
shall indemnify and save harmless the city, its
officers, agents, and employees from any and all
loss, costs, attorney's fees, damages, expenses, or
liability which may result from or arise out of the
granting of such permit, and the installation and
maintenance of each bench for which a permit is
issued. The permittee shall pay any and all loss
or damage which may be sustained by any person
as a result of or which,may be caused by or arise
out oF such installation or maintenance. The bond
or policy of insurance shall be maintained in its
original amount by the permittee at its expense
at all times during the period for which the per-
mit is in effect. In the event that two (2) or more
permits aze issued to one (1) permittee, one (1)
blanket bond or policy covering all benches of the
permittee may be provided, but such bond or pol-
icy shall be of the type where coverage shall au-
tomatically be restored after the occurrence of
any accident or loss from which liability may there
after occur. The limit of liability upon any bond
or policy so posted shall in no case be less than
fifteen thousand dollars ($15,000.00) for death or
injury of one (1) person, and three hundred thou-
sand dollars ($300,000.00) per accident, one hun-
dred thousand dollars ($100,000.00) per person
and Fifty thousand dollars ($50,000.00) for prop-
erty damage. Any bond shall be accompanied by
good and sufficient sureties approved by the city.
(Code 1977, § 4A-13)
Sec. 21-148. Assignment or transfer.
A courtesy bench permit issued by the chie£
building inspector shall not be assignable or trans-
ferable to any other person without the express
written and prior approvai of the city, which per-
mission may be withheld at the sole discretion of
the city.
(Code 1977, § 4A-6)
1385
§ 21-I49 WHEAT RIDGE CPPY CODE / .
\
Sec. 21-149. Deniai, revocation.
Any permit issued under authority of this arti-
cle may be denied or revoked by the chief build-
ing inspector for any of the following reasons:
(1) Violation by the permittee or applicant of
any of the provisions of this article.
(2) Any fraud or misrepresentation made by
the permittze or applicant in the application.
(3) Failure by the permittee or applicant to
maintain in full force and effect the neces-
sary indemnity bond or evidence of public
liability insurance as required by this article.
(4) Where a finding is made that the location
or maintenance of a bench at a specified or
proposed location shall be deemed to be a
hazard to pedestrians or vehicular traffic,
or prejudicial to the interest of the general
public.
(Code 1977, § 4A-5(b))
Sec. 21-150. Removal of bench following
revocation.
In the event a permit is revoked for any cour-
tesy bench, notice shall be sent by certi£ied mail
to the permittee as listed in the most recent ap-
plication or reapplication for permit. Within thirty
(30) days after the notice is sent, the permittee
shall remove or cause to have removed the par-
ticular courtesy bench or benches. If the permit-
tee fails to remove the particular courtesy bench
or benches pursuant to the notice, the city shall
have the immediate right to have the courtesy
bench or benches removed at the expense oF the
permittee. The revocation of a courtesy bench per-
mit shall apply only to the bench or benches which
are expressly listed in the notice.
(Code 1977, § 4A-5)
Supp. No. 9
[The next page is 14311
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Memorandum
Community Development Department
To: Bob Middaugh, City Manager
From: Sean McCartney, Planner
Re: Outdoor Promotions
This memo is intended to inform you of a recent conversation I had with the president of
Outdoor Promotions, Gary Young.
As you may recall, Outdoor Promotions is our bus shelter contractor and has recently been
finding it difficult to comply with the specifications established in the contract due to the
regulations established in Section 21-151 of the Wheat Ridge Code of Laws. Gary has expressed
that the removal of a couple of the regulatory measures would allow them to be able to com lete
the contract. Omitting the 100' separation between the bus shelter and a residential structure
(Section 26-151 (3)), and deleting the zone districts (residential) where advertising is not
permitted (Section 26-124(e)) would provide more shelter locations and enable Outdoor
Promotions to meet the 30 shelter requirement. ei -
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I0'd 90S966Z£0£ 65:8 nHl 96-9Z
Regional Transportatlon District
RTD
MEMO-FAX
To....... :Phi1 Robinson - Ou door Promotions
From..... :Bill Hoople
Oate,,,,,;Apr11 25, 1996
Subject..:eroomfield Shelter Program
Confirming our conversation of this morning, RTD is exploring the establishment
of a District-wide advertising bus shelter pragram. We have sent surveys to the
mayors of ail pistrict cities inquiring about their interest in such a program,
and asking about the existence of arLy ordinances or sign codes that would affect
such a program.
We have notified cities that have executed agreements with advertising sheiter
providers to proceed with their shelter lnstallations, and RTD will investigate
ways that these indivitlual city programs might be phased into an RTD program in
the future.
If you need additiona7 information, call me at (303) 299-6440,
NUMBER AGES incl transmitt heet :
cu h v cotion r in thi ttal 1- cell 2~
9ur Teleco~ier is a XEROX 7020 & hQ pp,X # is pgg 6500
~-'OpY
^UTDOO/f~~
7BOMOT/ONS«<
Multi-Medio MoMeting Professionols
lomtion: 1839 East Hormony Rood. U4 (970) 225-1550
fc Collins
forc Coliins. CO 80545 (970) 353-8854
Greeley
Moilmg: PO. l3ox 270807 (307) 637-4228
Cheyenne
Fort Collins. C080527 (970) 225-1560
fox
March 26, 1996
Glen Gidiey
Director of Planning
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, Colorado 80215
Dear Glen,
oa. loIU
Enclosed is an original of the contract between OP and the City of Wheat Ridge.
Thank you so much for all your work on this project. We are very excited to be
working with yau.
I'll be in touch with you in the coming weeks with our priority list of requested
locations and schedule for shelter placements.
Until then, a sincere thanks for you efforts.
Y
Gary Young
President
BUS STOP SHELTER AGREEMENT
THIS AGREEMENT is made as of the 31st day of March, 1996,
between the City of Wheat Ridge, Colorado (hereinafter "the City")
and OUTDOOR PROMOTIONS, L.L.C., a Colorado company (hereinafter
"Outdoor Promotions") referred to collectively as "the parties".
1. RECITALS AND PURPOSE
a. The City owns rights-of-way within the City limits in
which streets, curbs, gutters, and sidewalks are
constructed. The City does not own the rights-of-way
upon which the highways of the State of Colorado are
constructed, although the City may own certain property
upon which curbs, gutters, and sidewalks are constructed
and which are adjacent to and front on the rights-of-way
owned by the State of Colorado.
b. Outdoor Promotions desires to use those City rights-of-
way along street frontages within the City for installa-
tion of bus stop shelters that will have space for
commercial advertisement.
c. The City will grant a revocable permit to Outdoor
Promotions under the terms and conditions as hereinafter
specified in this Agreement.
2. GRANT OF PERMIT
For and in consideration of the mutual covenants and promises
of the parties contained herein, and other valuable consider-
ation, the receipt and adequacy of which are hereby acknowl-
edged, the City hereby grants to Outdoor Promotions an
exclusive permit for installation of covered bus stop shelters
at locations permitted pursuant to this Agreement. This
permit may be revoked by the City upon failure by Outdoor
Promotions to comply with the terms and conditions hereof.
3. CONSTRUCTION OF BUS STOP SHELTERS
Outdoor Promotions shall design, provide plans and specifica-
tions for, and erect shelters at certain bus stop locations in
the City of Wheat Ridge, Colorado at locations selected in the
manner set forth at Paragraph 4. The parties contemplate and
intend that at least 30 bus stop shelters shall be erected.
Outdoor Promotions will initially erect thirty (30) shelters
and will only erect additional shelters with the City's
approval. In the event a minimum of 30 shelters have not been
erected on or before December 31, 1997, this Agreement shall
automatically terminate, and, notwithstanding Paragraph 9,
Outdoor Promotions shall remove all shelters within 30 days.
A rendering of the standard shelter to be employed within the
GGD\53029\132506.6
City is attached hereto as Exhibit 1 and fully incorporated
herein by reference.
4. LOCATION AND APPROVAL
Outdoor Promotions shall erect al1 bus stop shelters at
locations mutually agreed upon by both the City and Outdoor
Promotions under the Wheat Ridge Code of Laws § 21-151. The
procedure for obtaining City approval for the location of a
shelter shall be as follows:
a. Outdoor Promotions shall make application for the
placement of a shelter at a stated location, pursuant to
Wheat Ridge Code of Laws § 21-151. The application shall
specifically state whether an RTD shelter is or was
present at the site, and if still present, shall detail
arrangements for removal and storage of the same at no
cost to the City.
b. The application shall describe whether the shelter is to
be lighted, and shall briefly describe the style of the
shelter and which side panels of the shelter will be
devoted to advertising.
c. The City, acting through its Director of Planning and
Development, shall review the application and act to
grant, with or without conditions, or deny. Conditions
of approval may include, without limitation, that the
shelter not be lighted.
d. While Section 21-124(b) of the Code of Laws (made
applicable to bus stop shelters by Section 21-151)
permits courtesy benches in listed zone districts, the
City may grant or deny a permit for the location of a bus
stop shelter for any reason or for no reason.
e. The City may require that 0utdoor Promotions construct
shelters at locations specified by the City, which
shelters may not contain advertising, but may be lighted
at the option of the City. Outdoor Promotions shall
construct one (1) such shelter following the construction
of each group of fifteen (15) shelters containing adver-
tising; provided, however, that the first fifteen (15)
shelters containing advertising shall not be subject to
this requirement. The parties may agree to the con-
struction of additional shelters without advertising in
excess of the amounts required hereby, by reducing the
payment to the City under Paragraph 8, or otherwise.
f. Prior to construction of any shelter, Outdoor Promotions
shall post a notice at the proposed shelter location,
advising the public of the proposed shelter construction
and of its right to object to such construction. In the
GED\53027\132505.6 - Z
event no protest, in the form set forth at subparagraph
(g) hereof, is filed with the City on or before the 25th
day of such posting, construction of the shelter may
proceed.
g. If a majority of the property owners or a majority of
residents within a radius distance of 100 feet in every
direction from any such shelter sign a written petition
objecting to the placement of a shelter at the proposed
location, Outdoor Promotions shall not place a shelter at
that location.
5. PERMISSION OF PROPERTY OWNER REOUIRED
All bus stop shelters shall be erected on public rights-of-way
along the street frontage. Notwithstanding the above, Outdoor
Promotions may locate bus stop shelters on private property,
provided, however, that Outdoor Promotions shall secure, at
its own expense, written leases, authorizations, or grants of
easement from the owners of such property, with such leases,
authorizations, or grants of easement giving Outdoor
Promotions the right to erect and maintain such bus stop
shelter on the applicable parcel of real estate.
6. MAINTENANCE
Outdoor Promotions shall make bi-weekly inspections and
service stops of all shelters, and shall maintain all shelters
in good condition, including, but not limited to making all
necessary repairs, graffiti and trash removal, repainting, and
replacing, at its expense, any advertising signs which have
been damaged or destroyed. Outdoor Promotions shall provide
regular snow removal, power washing, and shall control grass
and weeds within and in the area of the shelter, on a schedule
which shall be supplied to and coordinated with the City's
Department of Public Works. After receiving notice of any
unsanitary or unsightly condition, state of disrepair, defect,
or dangerous condition existing in any shelter, Outdoor
Promotions agrees to forthwith repair, replace, or remove such
shelter. If Outdoor Promotions breaches this provision
requiring the maintenance of bus stop shelters in good repair
or condition, the City shall have all remedies as are
available for breaches of contract, including the right to
terminate the Agreement. Outdoor Promotions shall pay all
electric expenses and service costs incurred by the use of
electrical lighting. The City agrees to allow and grant to
Outdoor Promotions access to and the right to connect or tap
into any electrical service which is now or hereafter being
furnished to any public street light located in a close
proximity to any shelter, subject to all requirements of the
City for such construction, and provided that Outdoor
Promotions reimburses the City for the reasonable costs of
cEc\sse-.7\i3zsae.e - 3 -
such electricity consumed in the operation of lighting of any
such bus stop shelters.
7. ADVERTISEMENT
Outdoor Promotions shall have the full and exclusive right to
secure commercial advertisement to be displayed in all bus
stop shelters and to receive any monies in revenues derived
therefrom. All advertisements secured by Outdoor Promotions
shall conform to the standard codes of advertising, and
Outdoor Promotions agrees not to display advertising relating
to or displaying promotion of political, alcohol, tobacco,
pornographic, religious controversial, or immoral advertising.
The foregoing sentence is not severable from the remainder of
this Agreement. Should this provision be challenged by
Outdoor Promotions or any third party, and should it be
declared unenforceable or invalid by any court of competent
jurisdiction, this Agreement may, at the City's sole option,
be terminated. All advertising shall be limited to two (2)
panels on the advertising end of each shelter, not to exceed
24 square feet per panel. The back panel of each advertising
end of the shelter shall be made available at no cost to the
City or to other groups or organizations permitted by the
City, for the display of public service information.
8. PAYMENTS
Outdoor Promotions sha11 pay the City a monthly percentage
equal to ten percent (l00) of the gross receipts of Outdoor
Promotions during the term of this Agreement from advertise-
ments placed by Outdoor Promotions in or upon all shelters
located within the City under this Agreement. "Gross
receipts" as used herein is defined to mean the receipts from
gross rentals of all advertising placed in or upon all shel-
ters permitted within the City under this Agreement, less any
sales tax and related taxes (excluding any state or federal
corporate income tax), 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 for the full price in the month during which
Outdoor Promotions shall receive payment therefor. Payments
shall be made to the City monthly, on or before the i5th day
of the month following the sale.
9. TERM OF AGREEMENT
The term of this Agreement/Agreement shall be for ten (10)
years, commencing on March l, 1996, and terminating on
February 28, 2006, unless renewed as hereinafter set forth,
provided, however, that the City, pursuant to Section 15.9 of
its City Charter, may, at its pleasure at any time, revoke
Outdoor Promotions' right to use or occupy any portion of any
street, alley or City-owned place. Outdoor Promotions shall
GED\53027\132506.5 - 4
have the option to extend and renew this Agreement, to the
degree the parties agree on the terms of such extensions, for
three (3) additional periods of five (5) years each. Upon
termination of this Agreement, Outdoor Promotions shall remove
any bus stop shelters that the City has in writing requested
the removal thereof within thirty (30) days and restore the
affected sites to substantially the same condition as before
the construction of the shelter within ninety (90) days after
the date of said termination, all without cost to the City.
Any shelters remaining after that time shall become the
property of the City.
10. MAINTENANCE OF BOOICS
For the purpose of ascertaining the amount payable to the City
under Paragraph 8, Outdoor Promotions shall keep at its
premises accurate accounts of all gross advertising receipts,
with these accounts to be entered in a book of permanent
nature. The City shall have the right at all reasonable times
to examine the books and records of Outdoor Promotions for the
purpose of determining the gross receipts.
11.
Outdoor Promotions shall submit a certificate of insurance for
comprehensive general liability insurance to the City in which
the City is named as an additional insured in the following
minimum amounts:
a. Bodily Injury or Death -$150,000 per occurrence;
$600,000 in the aggregate.
b. Property Damage -$150,000 per occurrence; $600,000 in
the aggregate.
Outdoor Promotions shall maintain such insurance continuously
in force throughout the term of this Agreement and shall
annually on the anniversary date hereof provide to the City a
copy of the current certificate of insurance.
12. COOPERATION WITH REGIONAL TRANSPORTATION DISTRICT
a. Outdoor Promotions agrees that in performing all
obligations, imposed upon it hereunder, including by way
of example and not limitation, the selection of any
proposed location for the placement of a bus stop shelter
and the maintenance of any bus stop shelter, to fully
cooperate with the Regional Transportation District or
successor entity providing substantially the same
service.
b. In cases where existing RTD bus stop shelters are to be
dismantled and replaced with Outdoor Promotion' bus stop
GED\53027\132506.6 5
shelter, the new replacement shelter shall automatically
become the property of the City in the event of termina-
tion of this or any future agreement. All other bus stop
shelters will remain the property of Outdoor Promotions.
The City shall have the option to purchase all other
shelters installed by Outdoor Promotions in the event
that Outdoor Promotions or its successors, heirs, or
assigns does not, for any reason, renew an agreement with
the City.
13. CONDITIONS PRECEDENT
The following are conditions precedent to the effectiveness of
this Agreement:
a. Outdoor Promotions shall obtain the agreement of the
Regional Transportation District to the removal and
storage of existing bus stop shelters owned by the
District and located within the City at such time as
Outdoor Promotions obtains a permit to place a bus stop
shelter at each such location. Evidence of such
agreement shall be provided to the City on or before
thirty (30) days following execution of this Agreement.
b. On or before December 31, 1997, Outdoor Promotions shall
have located a minimum of 30 shelters within the City.
c. Outdoor Promotions sha11 have posted a performance bond
of $5,000.00 to be retained by the City during the term
of this Agreement to guarantee performance of its
obligations hereunder.
14. INDEMNIFICATION
Outdoor Promotions expressly agrees to indemnify and hold
harmless the City and any of its officers or employees from
any and all claims, damages, liability, or court awards,
including costs and attorney's fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed
to have been sustained by anyone, including but not limited
to, any person, firm, partnership, or corporation, in connec-
tion with or arising out of any omission or act of commission
by Outdoor Promotions or any of its employees or agents in
using and occupying any location for a bus stop shelter.
Outdoor Promotions agrees that the City is not and will not
assume any liability, responsibility, or costs for any damage
or maintenance to any structures or improvements erected by
the Permittee under this Agreement.
15. LIMITATIONS OF ACTIONS
Outdoor Promotions agrees that it will never institute any
action or suit at law or in equity against the City or any of
GED\53027\132506.6 - 6 -
its officers or employees, nor institute, prosecute, or in any
way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages,
loss, or injury either to person or property, or both, known
or unknown, past, present or future, arising from the
revocable permit granted hereby.
16. DEFAULTS; TERMINATION
If either Outdoor Promotions or the City fails, neglects or
refuses to perform any of its covenants, terms and conditions
when and as required under this Agreement, each party shall
have such remedies as are available at law or in equity;
provided, however, that any default in the payment of money
may be corrected within thirty (30) days of its occurrence.
Notwithstanding the foregoing, the City may declare this
Agreement terminated in the event Outdoor Promotions fails to
adequately perform its obligations after thirty (30) days
written notice of such failure.
17. NOTICES
All notices required or allowed to be given under the terms of
this Agreement shall be addressed to the parties, first-class
postage prepaid, as follows:
If to Outdoor Promotions:
1839 East Harmony, U 4
P.O. Box 270807
Fort Collins, CO 80525
If to the City:
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: Public Works Director
With a copy to:
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: City Attorney
18. GENERAL PROVISIONS
This Agreement shall be construed pursuant to the laws of the
State of Colorado and the City of Wheat Ridge. Venue for any
action interpreting or enforcing this Agreement shall be in
the District Court for Jefferson County, Colorado. This
Agreement provides for an independent contractor relationship.
Neither Outdoor Promotions, nor any of its officers, employees
or agents, shall for any purpose be deemed employees, officers
cen\53027\13250e.e - 7-
or agents of the City. This Agreement shall not be assigned
by Outdoor Promotions without the prior written consent of the
City, which may withhold its consent for any reason. This
Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, success-
ors, heirs, and assigns; provided, however, that nothing in
this Paragraph shall be construed to permit the assignment of
this Agreement except as otherwise expressly authorized
herein. The City reserves the right to move any bus stop
shelter in an emergency, as determined by the City, or for
maintenance or construction of sidewalks, roadways or other
public utilities. The City is not responsible for losses or
damages to bus stop shelters occasioned by third parties. Any
delays in or failure of performance by any party of its obli-
gations under this Agreement shall be excused if such delays
or failure are a result of acts of God, fires, floods,
strikes, labor disputes, accidents, regulations or orders of
civil or military authorities, shortages of labor or materi-
als, or other causes, similar or dissimilar, which are beyond
the control of such party. This Agreement is intended to
describe the rights and responsibilities only as to the
parties hereto. This Agreement is not intended and shall not
be deemed to confer any rights to any person or entity not
named as a party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first appearing above.
CITY OF WHEAT RIDGE, COLORADO
By:
Dan Wilcle, Mayor
ATTESi:
Wanda Sang, City~,Clerk \ }
APPROVED AS TO FORM BY CITY
ATTOFtN i:
/ j ~
i Attorney
sEo\53027\13250e.e - 8 -
OUTDOOR PROMOTIONS L.L.C.
ATTEST:
By: 2
Gary D. ' ung, Ptfi side /CEO Mark Saymon
Office & Personnel Manager
GED\`3027\132506.6 - 9 -
EXTiIBIT 1
Example of Style and Conatruction
of Bua Stop Shelter to be used
in Wheat Ridge, Colorado
CO L-oR: U,C5L1 S S XL
TiR(ZK 6, K~(:1•1 (`Ai,LI C,.
- `SITY COUNCIL MINLTTES: March 11, 1996
Page -5-
Motion by Mrs. Fields for re-adoption of Ordinance 1016, with the revision to Section 21-151
as recommended by staff; seconded by Mr. Siler; carried 6-1 with Mr. DiTullio voting no. Mr.
DiTuilio feeis we will be creating billboards all over the City; they are a magnet for graffiti.
Item 3. Council Bill 11 - An Ordinance concerning solicitation on or near a street or
highway.
Councii Bili 11 was introduced on second reading by Mrs. Fields; title read by the Clerk;
Ordinance No. 1022 assigned.
Motion by Mrs. Fields for approvai of Council Bill 11; seconded by Mr. Eafanti; failed 3-4 with
Councilmembers Eafanti, Siler, and Fields voting yes.
DECISIONS, RESOLUTIONS, AND MOTIONS
~ Item 4. Motion to approve an Agreement between the City of Wheat Ridge and Outdoor
Promotions, LLC regarding Bus Stop Shelters.
City Attomey, Gerald Dahl, explained that re-adopted Ordinance 1016 allowed bus shelters in
Wheat Ridge and this item is an agreement to place bus stop shelters in the City. He
suggested various amendments to the agreement.
Bill Robinson, President of Outdoor Promotions, LLC was present and answered Council's
questions.
Motion by Mr. Siler for approval of the agreement between the City of Wheat Ridge and
Outdoor Promotions regarding Bus Stop Shelters with the following corrections: Page 1, this
agreement is made as of the 31st day of March, 1996. On Page 3, paragraph 4. g., 300
feet be changed to 100 feet. Page 6, paragraph 12. b., the last sentence be scratched.
Page 6, paragraph 13. a. delete the word all and add words to the effect said RTD Bus
Stops shall not be removed until Outdoor Promotions is ready to instali their shelters.
Motion was seconded by Mr. Eafanti; carried 6-1 with Mr. DiTuilio voting no.
Item 5. Motion to approve 1996 Outside Contributions.
Motion by Mr. DiTullio that the $200 earmarked for Regionai Air Quality Council be split in
$50.00 increments and given to Volunteers of America, Senior Resource Center, Child
Advocacy League and Wheat Ridge Art League; seconded by Mrs. Fields; failed 3-4 with
Councilmembers DiTullio, Shaver, and Fields voting yes.
Frank Stites spoke on behalf of the Wheat Ridge Art League and thanked Council for their
support.
AGENDA ITEM RECAP
QUASI-JUDICIAL X
Yes No
PUBLIC I-IEARINGS CITY ADM. MATTERS ELEC. OFFICIALS MATTERS
PROC./CEREMONIES CITY ATTY. MATTERS x ORDINANCES FOR 1ST READING
x BIDS/MOTIONS LIQUOR HEARINGS ORDINANCES FOR 2ND READING
INFORMATION ONLY PUBLIC CONIINENT RESOLUTIONS
AGENDA ITEM TITLE: Approval of an Agreement between the City of Wheat Ridge
and Outdoor Promotions, LLC regarding Bus Stop Shelters.
SUMMARY/RECOMMENDATION: See attached memo.
ATTACHMENTS:
1) Bus Shelter Agreement
2) Gidley memo
3)
BUDGETED
ITEM
Yes No
Fund
Dept/Acct #
Budgeted Amount $
Requested Expend.$
Requires Transfer/
Supp. Appropriation
SUGGESTED MOTION:
0 0
Yes No
I move for approval of the agreement between the City of Wheat Ridge and
Outdoor Promotions regarding Bus Stop Shelters.
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6797
(303) 234-5900
City Admin. Fax # 234-5924
March 20, 1996
Police Dept. Fax a 235-2949
Mr. Gary Young, President
Outdoor Promotions, LLC
1839 East Harmony Road, U4
Fort Collins, CO 80525
Dear Gary:
The City of
';Wheat
'-Ridge
Congratulations on your final approval by the Wheat Ridge City
Council of a BUS STOP SHELTER AGREEMENT. I have enclosed two (2)
original copies of the AGREEMENT with original signatures.
Please execute both copies, and return one back to me for our
City Clerk's files.
At your earliest convenience, please give me a priority list and
schedule for placement of the first set of shelter locations.
Before the shelters are manufactured for any specific site, we
will need to evaluate the bus stop ridership statistics and the
availability of public right-of-way in order for you to know what
size shelter and seating capacity should be designed.
Additionally, please prepare a proposed site posting sign for our
review before you have them printed in final fonn.
Should you have any guestions, please give me a call at 235-2844.
S i/
Y ,
71
Glen Gidley, D' ctor
Planning & Developmen
~
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AUTDOOR
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Glen Gidley
Director of Pianning
City of Wheat Ridge
Fax Number 303-235-2857
Gien,
Below is the wording changes that would be agreeable to me from the last dr6ft
dsted 2127/96
Paragreph 4. g
If a mejority of the proper#y pwners or a majority of residents within a distancg of
300 feet in either direckion, QQAhg Aame side of the street from any shelter;
sign a°written petition objecting to fhe placement of a shelter at the proposed
location,
Paragraph 12 a
In cases where existing RTD shelters are to be dismantled and replaced with:
Outdoor Promotions' bus stop shefter, the new replacement sheiter sh811
automatical}y become the property of the City in the event of termination of fhis
or any future agreement. Atl other bus stop shelters will remain the property of
0utdoor Promotions. The City shali have the option to purChase ail other
shetters installed by Outdoor Promotions in the event that Outdoor Promotion5
or its successors, heirs, or assigns does not, for any reason, renew an
ageeement with the City. Upon assumption of ownership by che City, of any bus
sheiter pursuant to ihis agreement, commercial advertising shall not be
permikted on such shelter.
Please cati with your comments,
Thanks
Gary Young
MEMORANDUM ~~F wHEqT.~
h ~
~
U f~
To: City Council _
From: Glen Gidley, Director of Planning & Development c o
Re: Bus Stop Shelter Agreement ~~oRPo
Date: February 28, 1996
The attached proposed AGREEMENT between the City of Wheat Ridge and Outdoor
Promotions is being submitted to City Council for approval. We believe that it incorporates
all of the safeguards and specific provisions that City Council has requested previously. In
summary, this AGREEMENT provides for the following:
• Placement of at least 30 new bus stop shelters at RTD bus stops throughout the City
• Approval or denial by the City of each location requested
• Specific location and design standards which protect residential uses, provide for
meeting ADA requirements, and otherwise protect the public health, safety and
welfare
• Provides for mandatory regular maintenance and cleaning of shelters and environs
• Allows commercial advertising upon most of the shelters, with the rear panel of all
shelters reserved for City notices
• Provides revenue to the City equal to 10% of advertising gross receipts
• Provides other legal provisions necessary to protect the City
• Provides the City with input regarding the style of shelter, color, and furniture design
(Exhibit 1). a rendered plan of the style,color and furniture that staff recommends
will be presented at the meeting. Copies of the shelters brochure and color patches
will also be available.
~
~
1996
HOUSE BILL 96402$ ' `BY REPRESENTATIVES Hagedorn, Armstrong, Dean, and Friednash;
also SENATORS Tanner, Hernandez, and:Pascoe.
CONCERNING THE AUTHORITV FOR CERTAIN KINDS OF ADVERTISING DEVICES
LOCATED IN A'RIGHT-OF-WAY OF A STATE HIGHWAY, AND, IN
CONNECTION THEREWITH, AUTHORIZING THE EXTENSION OF
ON-PREMISE ADVERTISING-DEVICES AND AUTHORIZING ADIIERTISING
DEVICES ON BUS BENCHES OR BUS SHELTERS.
~
Be it enacted by the General Assembly of the State of Colorador
SECTION 1. 43-1-403 (4), Co7orado Revised Statutes, 1993
Repl. Vo)., is am,ended to read:
43-1-403. Definitions. As used in this part A, unless the
context otherwise'-requires:
(4) "Directional advertising device" includes, but is not
limited' to: Advertising devices containing directional
information T0 FACILITATE EMERGENCY VEHICLE ACCESS TO REMOTE
LOCATIONS OR about public places owned or operated by federal,
state, or local governments or their agencies; publicly or
privately owned natural phenomena, histpric, cultural, scientific,
educational, 'and religioua sites; and areas of natural scenic
beauty or'naturally suited for outdoor recreation, deemed to be
in the interest of the traveling public. Such devices shall
conform to standards promulgated by the department pursuant to
section 43-1-415, which standards shall conform to the national
policy.
SECTION 2. 43-1-407,.Coiorado Rev.ised Statutes, 1993 Rep1.
Capita etters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
Vol., is amended BY THE'ADDITION OF A NEW SUBSECTION to read:
43-1-407. Permits. -(2)-:;(a) ANY OTHER PROVISION OF.LAW
NOTWITHSTANDING,.THE DERARTMENT $HALL ISSUE A PERMIT TO ERECT OR
MAINTAIN AN ADVERTISING DEVICE ON A BUS BENCH OR BUS SHELTER
WITHIN THE RIGHT-OF-WAY UF ANY STATE HIGHWAY IF THE LOCAL
GOVERNING BODY HAVING AUTHORITY OVER THE STATE HLGHWAY:PURSUANT
TO SECTION 43-2-135 HAS,APPROVED SUCH ADUERTISING.DEYICf. THE
STATE SHALL ACCEPT THE LOCAL RERMIT AS A STATE APPROYED PERMIT IF
THE APPROVAL PROGEDURE OF THE LOCAL 60VERNING BODY INCLUDED A
DETERMINATION THAT THE ADVERTISING DEVICE DOES NOT RESTRICT
PEDESTRIAN TRAFFIC AND IS NUT,A SAFETY HAZARD TO THE MOTORING
PUBLIC. ,
(b) THIS SUBSECTION (2) SHALL NOT APPLY IF THE DEPARTMENT
DETERMINES THAT COMPLIANCE WITH THIS SUBSECTION (2) WILL CAUSE
DENIAL Of FEDERAL MONEYS THAT WOULD OTHERWISE BE AYAILABLE OR
WOULD OTHERWISE BE INCONSIS7ENT WITH FEDERAL LAW, BUT ONIY TO THE
EXTENT NECESSARY TO PREVENT DENIAL OF THE MONEYS OR TO ELIMINATE
THE INCONSISTENCY WITH FEpERAI LAW.
SECTION 3. 43-1-421 (1), Colorado Revised Statutes, 1993
Repl. Vol., as amended, is amended to read:
43-1-421. On-premise advertising device - extension
authorized. (1) Notwithstanding any other provision of law and
except as otherwise provided•in subsection (2) of this section,
awpi-Ngs ON-PREMISE ADVERTISING DEVICES shall be allowed to extend
over existing rights-of-way and future rights-of-way as described
in section 43-1-810 (3)` of-any state highway if all of the
following reqNirements are metc '
(a) The awR-49 ON-PREMISE ADVERTISING DEVICE is attached
to and extended from a building and anly advertises activities or
services offered in that building;
(b) The building and attached awaing ON-PREMISE ADVERTISING
DEVICE is adjacent to the state highway within a city, city and
county, or incorporated town HAVING AUTHORITY OVER THE STATE
HIGHWAY PURSIJANT TO SECTION 43-2-135;
(c) The awr+ieg ON-PREMISE ADVERTISING DEVICE does not
restrict pedestrian traffic and is not a safety hazard to the
motoring public; and
(d) Before erecting the
DEVICE, the owner of the a+vning
obtains written permission from
incorporated town.
awn-iflg ON-PREMISE ADVERTISING
ON-PREMISE ADUERTISING DEVICE
the city, city and county, or
PAGE 2-HOUSE BILL 96-1028
SECTION 4. Safety clause.' The general assembly hereby
finds, determines, and declares that this act is necessary for the
immediate pre~~rvation of the public'peace, health, and safety.
N/0*%-j. .
A C , e y om orton
AKER OF T HO PRESIDENT Of
OF REPRESE ATIVES THE SENATE
1
u it M. Ro rigue oan . A i
CHIEF CLERK OF THE HOU E SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED ~'~~Yd A•~I~
oy o
GOVER OF THE STATE OF COLORADO
BUS STOP SHELTER AGREEMENT
THIS AGREEMENT is made as
between the City of Wheat Ridge,
and OUTDOOR PROMOTIONS, L.L.C.,
"Outdoor Promotions") referred 1
of the lst day of March, 1996,
Colorado (hereinafter "the City")
a Colorado company (hereinafter
D collectively as "the parties".
1. RECITALS AND PURPOSE
a. The City owns rights-of-way within the City limits in
which streets, curbs, gutters, and sidewalks are
constructed. The City does not own the rights-of-way
upon which the highways of the State of Colorado are
constructed, although the City may own certain property
upon which curbs, gutters, and sidewalks are constructed
and which are adjacent to and front on the rights-of-way
owned by the State of CoIorado.
b. Outdoor Promotions desires to use those City rights-of-
way along street frontages within the City for installa-
tion of bus stop shelters that will have space for
commercial advertisement.
c. The City will grant a revocable permit to Outdoor
Promotions under the terms and conditions as hereinafter
specified in this Agreement.
2. GRANT OF PERMIT
For and in consideration of the mutual covenants and promises
of the parties contained herein, and other valuable consider-
ation, the receipt and adequacy of which are hereby acknowl-
edged, the City hereby grants to Outdoor Promotions an
exclusive permit for installation of covered bus stop shelters
at locations permitted pursuant to this Agreement. This
permit may be revoked by the City upon failure by Outdoor
Promotions to comply with the terms and conditions hereof.
3. CONSTRUCTION OF BUS STOP SHELTERS
Outdoor Promotions shall design, provide plans and specifica-
tions for, and erect shelters at certain bus stop locations in
the City of Wheat Ridge, Colorado at locations selected in the
manner set forth at Paragraph 4. The parties contemplate and
intend that at least 30 bus stop shelters shall be erected.
Outdoor Promotions will initially erect thirty (30) shelters
and will only erect additional shelters with the City's
approval. In the event a minimum of 30 shelters have not been
erected on or before December 31, 1997, this Agreement shall
automatically terminate, and, notwithstanding Paragraph 9,
Outdoor Promotions shall remove all shelters within 30 days.
A rendering of the standard shelter to be employed within the
GEDA53017A132506.5
City is attached hereto as Exhibit 1 and fully incorporated
herein by reference.
4. LOCATION AND APPROVAL
Outdoor Promotions shall erect all bus stop shelters at
locations mutually agreed upon by both the City and Outdoor
Promotions under the Wheat Ridge Code of Laws § 21-151. The
procedure for obtaining City approval for the location of a
shelter shall be as follows:
a. Outdoor Promotions shall make application for the
placement of a shelter at a stated location, pursuant to
Wheat Ridge Code of Laws § 21-151. The application shall
specifically state whether an RTD shelter is or was
present at the site, and if still present, shall detail
arrangements for removal and storage of the same at no
cost to the City.
b. The application shall describe whether the shelter is to
be lighted, and shall briefly describe the style o£ the
shelter and which side panels of the shelter will be
devoted to advertising.
c. The City, acting through its Director of Planning and
Development, shall review the application and act to
grant, with or without conditions, or deny. Conditions
of approval may include, without limitation, that the
shelter not be lighted.
d. While Section 21-124(b) of the Code of Laws (made
applicable to bus stop shelters by Section 21-151)
permits courtesy benches in listed zone districts, the
City may grant or deny a permit for the location of a bus
stop shelter for any reason or for no reason.
e. The City may require that Outdoor Promotions construct
shelters at locations specified by the City, which
shelters may not contain advertising, but may be lighted
at the option of the City. Outdoor Promotions shall
construct one (1) such shelter £ollowing the construction
of each group of fifteen (15) shelters containing adver-
tising; provided, however, that the first fifteen (15)
shelters containing advertising shall not be subject to
this requirement. The parties may agree to the con-
struction of additional shelters without advertising in
excess of the amounts required hereby, by reducing the
payment to the City under Paragraph 8, or otherwise.
f. Prior to construction of any shelter, Outdoor Promotions
shall post a notice at the proposed shelter location,
advising the public of the proposed shelter construction
and of its right to object to such construction. In the
GED\53027\132506.5 - 2
event no protest, in the form set forth at subparagraph
(g) hereof, is filed with the City on or before the 25th
day of such posting, construction of the shelter may
proceed.
g. If a majority of the property owners or a majority of
residents within a distance of 300 feet in every
direction from any such shelter sign a written petition
objecting to the placement of a shelter at the proposed
location, Outdoor Promotions shall not place a shelter at
that location.
5. PERMISSION OF PROPERTY OVTNER REQUIRED
All bus stop shelters shall be erected on public rights-of-way
along the street frontage. Notwithstanding the above, Outdoor
Promotions may locate bus stop shelters on private property,
provided, however, that Outdoor Promotions shall secure, at
its own expense, written leases, authorizations, or grants of
easement from the owners of such property, with such leases,
authorizations, or grants of easement giving Outdoor
Promotions the right to erect and maintain such bus stop
shelter on the applicable parcel of real estate.
6. MAINTENANCE
Outdoor Promotions shall make bi-weekly inspections and
service stops of all shelters, and shall maintain all shelters
in good condition, including, but not limited to making all
necessary repairs, graffiti and trash removal, repainting, and
replacing, at its expense, any advertising signs which have
been damaged or destroyed. Outdoor Promotions shall provide
regular snow removal, power washing, and shall control grass
and weeds within and in the area of the shelter, on a schedule
which shall be supplied to and coordinated with the City's
Department of Public Works. After receiving notice of any
unsanitary or unsightly condition, state of disrepair, defect,
or dangerous condition existing in any shelter, Outdoor
Promotions agrees to forthwith repair, replace, or remove such
shelter. If Outdoor Promotions breaches this provision
requiring the maintenance of bus stop shelters in good repair
or condition, the City shall have all remedies as are
available for breaches of contract, including the right to
terminate the Agreement. Outdoor Promotions shall pay all
electric expenses and service coets incurred by the use of
electrical lighting. The City agrees to allow and grant to
Outdoor Promotions access to and the right to connect or tap
into any electrical service which is now or hereafter being
furnished to any public street light located in a close
proximity to any shelter, subject to all requirements of the
City for such construction, and provided that Outdoor
Promotions reimburses the City for the reasonable costs of
GED\53027\132506.5 - 3
such electricity consumed in the operation of lighting of any
such bus stop shelters.
7.
Outdoor Promotions shall have the full and exclusive right to
secure commercial advertisement to be displayed in all bus
stop shelters and to receive any monies in revenues derived
therefrom. All advertisements secured by Outdoor Promotions
shall conform to the standard codes of advertising, and
Outdoor Promotions agrees not to display advertising relating
to or displaying promotion of political, alcohol, tobacco,
pornographic, religious controversial, or immoral advertising.
The foregoing sentence is not severable from the remainder of
this Agreement. Should this provision be challenged by
Outdoor Promotions or any third party, and should it be
declared unenforceable or invalid by any court of competent
jurisdiction, this Agreement may, at the City's sole option,
be terminated. All advertising shall be limited to two (2)
panels on the advertising end of each shelter, not to exceed
24 square feet per panel. The back panel of each advertising
end of the shelter shall be made available at no cost to the
City or to other groups or organizations permitted by the
City, for the display of public service information.
8. PAYMENTS
Outdoor Promotions shall pay the City a monthly percentage
equal to ten percent (100) of the gross receipts of Outdoor
Promotions during the term of this Agreement from advertise-
ments placed by Outdoor Promotions in or upon all shelters
located within the City under this Agreement. "Gross
receipts" as used herein is defined to mean the receipts from
gross rentals of all advertising placed in or upon all shel-
ters permitted within the City under this Agreement, less any
sales tax and related taxes (excluding any state or federal
corporate income tax), 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 for the full price in the month during which
Outdoor Promotions shall receive payment therefor. Payments
sha11 be made to the City monthly, on or before the 15th day
of the month following the sale.
9. TERM OF AGREEMENT
The term of this Agreement/Agreement shall be for ten (10)
years, commencing on March l, 1996, and terminating on
February 28, 2006, unless renewed as hereinafter set forth,
provided, however, that the City, pursuant to Section 15.9 of
its City Charter, may, at its pleasure at any time, revoke
Outdoor Promotions' right to use or occupy any portion of any
street, alley or City-owned place. Outdoor Promotions shall
GED\53021\132506.5 - 4
have the option to extend and renew this Agreement, to the
degree the parties agree on the terms of such extensions, for
three (3) additional periods of five (5) years each. Upon
termination of this Agreement, Outdoor Promotions shall remove
any bus stop shelters that the City has in writing requested
the removal thereof within thirty (30) days and restore the
affected sites to substantially the same condition as before
the construction of the shelter within ninety (90) days after
the date of said termination, all without cost to the City.
Any shelters remaining after that time shall become the
property of the City.
10.
11.
12
MAINTENANCE OF BOOKS
For the purpose of ascertaining the amount payable to the City
under Paragraph 8, Outdoor Promotions shall keep at its
premises accurate accounts of all gross advertising receipts,
with these accounts to be entered in a book of permanent
nature. The City shall have the right at all reasonable times
to examine the books and records of Outdoor Promotions for the
purpose of determining the gross receipts.
Outdoor Promotions shall submit a certificate of insurance for
comprehensive general liability insurance to the City in which
the City is named as an additional insured in the following
minimum amounts:
a. Bodily Injury or Death -$150,000 per occurrence;
$600,000 in the aggregate.
b. Property Damage -$150,000 per occurrence; $600,000 in
the aggregate.
Outdoor Promotions shall maintain such insurance continuously
in force throughout the term of this Agreement and shall
annually on the anniversary date hereof provide to the City a
copy of the current certificate of insurance.
COOPERATION WITH REGIONAL TRANSPORTATION DISTRICT
a. Outdoor Promotions agrees that in performing all
obligations, imposed upon it hereunder, including by way
of example and not limitation, the selection of any
proposed location for the placement of a bus stop shelter
and the maintenance of any bus stop shelter, to fully
cooperate with the Regional Transportation District or
successor entity providing substantially the same
service.
- 5 -
czD\53027\13250e.5
b. In cases where existing RTD bus stop shelters are to be
dismantled and replaced with Outdoor Promotion bus stop
shelters, the new shelters shall automatically become the
property of the City upon termination of this Agreement.
All other bus stop shelters shall become the property of
the City upon termination of this Agreement after
February 28, 2006. Upon assumption of ownership by the
City of any bus stop shelter pursuant to this Agreement,
commercial advertising shall not be permitted on such
shelter.
13. CONDITIONS PRECEDENT
The following are conditions precedent to the effectiveness of
this Agreement:
a. Outdoor Promotions shall obtain the agreement of the
Regional Transportation District to the removal and
storage of all existing bus stop shelters owned by the
District and located within the City. Evidence of such
agreement shall be provided to the City on or before
thirty (30) days following execution of this Agreement.
b. On or before December 31, 1997, Outdoor Promotions shall
have located a minimum of 30 shelters within the City.
c. Outdoor Promotions shall have posted a performance bond
of $5,000.00 to be retained by the City during the term
of this Agreement to guarantee performance of its
obligations hereunder.
14. INDEMNIFICATION
Outdoor Promotions expressly agrees to indemnify and hold
harmless the City and any of its officers or employees from
any and all claims, damages, liability, or court awards,
including costs and attorney's fees that are or may be awarded
as a result of any loss, injury or damage sustained or claimed
to have been sustained by anyone, including but not limited
to, any person, firm, partnership, or corporation, in connec-
tion with or arising out of any omission or act of commission
by Outdoor Promotions or any of its employees or agents in
using and occupying any location for a bus stop shelter.
Outdoor Promotions agrees that the City is not and will not
assume any liability, responsibility, or costs for any damage
or maintenance to any structures or improvements erected by
the Permittee under this Agreement.
15. LIMITATIONS OF ACTIONS
Outdoor Promotions agrees that it will never institute any
action or suit at law or in equity against the City or any of
its officers or employees, nor institute, prosecute, or in any
GED\53C27\".32506.5 - 6
way aid in the institution or prosecution of any claim,
demand, or compensation for or on account of any damages,
loss, or injury either to person or property, or both, known
or unknown, past, present or future, arising from the
revocable permit granted hereby.
16. DEFAULTS: TERMINATION
If either Outdoor Promotions or the City fails, neglects or
refuses to perform any of its covenants, terms and conditions
when and as required under this Agreement, each party shall
have such remedies as are available at law or in equity;
provided, however, that any default in the payment of money
may be corrected within thirty (30) days of its occurrence.
Notwithstanding the foregoing, the City may declare this
Agreement terminated in the event Outdoor Promotions fails to
adequately perform its obligations after thirty (30) days
written notice of such failure.
17. NOTICES
Al1 notices required or allowed to
this Agreement shall be addressed
postage prepaid, as follows:
If to Outdoor Promotions:
1839 East Harmony, U 4
P.O. Box 270807
Fort Collins, CO 80525
If to the City:
be given under the terms of
to the parties, first-class
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: Public Works Director
With a copy to:
7500 West 29th Avenue
Wheat Ridge, Colorado
Attention: City Attorney
18. GENERAL PROVISIONS
This Agreement shall be construed pursuant to the laws of the
State of Colorado and the City of Wheat Ridge. Venue for any
action interpreting or enforcing this Agreement shall be in
the District Court for Jefferson County, Colorado. This
Agreement provides for an independent contractor relationship.
Neither Outdoor Promotions, nor any of its officers, employees
or agents, shall for any purpose be deemed employees, officers
or agents of the City. This Agreement shall not be assigned
- ~ -
ceo\53027\13250e.5
by Outdoor Promotions without the prior written consent of the
City, which may withhold its consent for any reason. This
Agreement shall inure to the benefit of, and be binding upon,
the parties, their respective legal representatives, success-
ors, heirs, and assigns; provided, however, that nothing in
this Paragraph shall be construed to permit the assignment of
this Agreement except as otherwise expressly authorized
herein. The City reserves the right to move any bus stop
shelter in an emergency, as determined by the City, or for
maintenance or construction of sidewalks, roadways or other
public utilities. The City is not responsible for losses or
damages to bus stop shelters occasioned by third parties. Any
delays in or failure of performance by any party of its obli-
gations under this Agreement shall be excused if such delays
or failure are a result of acts of God, fires, floods,
strikes, labor disputes, accidents, regulations or orders of
civil or military authorities, shortages of labor or materi-
als, or other causes, similar or dissimilar, which are beyond
the control of such party. This Agreement is intended to
describe the rights and responsibilities only as to the
parties hereto. This Agreement is not intended and shall not
be deemed to confer any rights to any person or entity not
named as a party hereto.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first appearing above.
ATTEST:
CITY OF WHEAT RIDGE, COLORADO
By:
Dan Wilde, Mayor
Wanda Sang, City Clerk
APPROVED AS TO FORM BY CITY
ATTORNEY:
Gerald E. Dahl, City Attorney
OUTDOOR PROMOTIONS L.L.C.
By:
Gary D. Young, President/CEO
GED\53027\1325D6.5 $
ATTEST:
Mark Saymon
Office & Personnel Manager
GED\53027\132506.5 - 9
PP-B-22-96 THV 16756 OUTDOOR PROMOTIONS
Fv?*;;:ary 21,1996
QUTDOOR PROMOTIONS'
RF,QUBSTED ItTD STOPS FOR SFIELTER Pi,ACEMENT
S1TE LpGATIQN
Sheridan and 29th (SW)
Sheridan and 38th (SV1)
32nd and Youngfield (SE)
Youngfield and 32nd (NE)
Youngfietd and 32nd (NE)
38th and Lutheran Parkway
38th and Wadsworth (NVi)
38th and Vance (NV)
38th and High C#. (NW)
38th and Kendall (NVV)
38th and Ames (N114)
44th and Pierce (SE)
44th and Garrison (SW)
44th and Garrison (NW)
44th and Kipling (NV11)
44fh and Independence (NVV)
44th and Van GoMon (NE)
44th and Yan Gordon (SE)
44th and Ward (SE)
Youngfield and 32nd (SW)
Youngfield and 170 exit base
Youngfield and 170 exit base
Kipting and 26th (NE)
Kipling and 32nd (NE)
Kipling and 38th (SW)
Kipling and 38th (NE)
Kipling and 44th (NE)
Kipling and 44th (SV1)
Kipling aad 49th (SW)
Kipling and 49th (NE)
Wadsworth and 48tti (NL)
Wadsworth and 44th (NE)
Wadsw4rth and 44fh (SW)
Wadsworth and 41st (NE)
Wadsworth and 41st (SV1)
Wadsworth and 38th (NE)
BUSINFSS AT SITE
Denver WaterAshland Statiqn
Casman's
Diamond Shamrock
Chiti's Restaurant
Warid Savings
Medical Center
Gonoco Station
Blockbuster Vdeo
Middle SChoo1
Colonna Cieaner
King Soopers
Leman Publications
Orowheat 7hrifl Store
Drum Cityr-Guitar Land
Jefferson Church
Country Antiques
Truck Plaza
Quality Inn
Totai Petroleum
Highway bridge
Dairy Queen
Taco Bell
Crown Hill Park
Vacant iot
Family ihrift center
Circle K
Phillips 66 Station
7exaco Station
Furrs Cafeteria
Shield Energy
REPLACE RTD SHELTER-
SAFEWAY
Ace Hardware
TCBY
Wadsworth Medical Arts
REPLACE RTD SHELTER-
BUF2GER KING
P _ 0 1
Wadsworth and 3$th (SV1l)
Wadsworth and 35th (NE)
Wadsworth aqd 35th (SVV)
Wadsworth and 32nd (SV1l)
Wadsworth and 29th (NE)
Wadsworth and 29th (Sll)
Wadsworth and 26th (NE)
Ward and 52nd
44 locations
Friendly FOrd
Vacant lot
Oak Nifi Apartments
Vacant lot
Olinger Morturary
Cemetary
Baptist Church
Office 8uilding
i
;
Poat•it° Fax Note 7871
oaie Pat~
CJ
ro 1,,
R.Y~
r ~ 1
From
/Dep1.
7Q1'~.~£,!~ 'L„f` . •
(J
00.O
.
OOY +v~G
P U~3
a~5_ a8
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F~g ~a aas-~~n
7
, J U L- .2 - 9 6 T U E
.~....v...~.--, -•--..,--~w....~_.-
Fci?!liary 21, 1996
1 5.]~ 4 _Q. V. T_ D_O J R P R o M o T .N S
Rpst-it° Faz Note 7671
OUTDOOR PROMOTIONS'
REQUESTkD RTD STnPS FOR SHELTGR PL.ACEMENT
51TE LOCATION
Bl)SINeSS AT SITE
$heridan and 29th (SWj
Denver WaterAShland Statioin
'
Sheridan and 38th (S1M1n
s
Casman
32nd and Youngfield (SE)
Diarron4 Shamrock
Youngfield and 32nd (NE)
~
Chifi's Restaurant
Youngfieid and 32nd (NE)
World Savings
38th and Lutheran Parkway
Medicai Center
3$th and WadSwoRh (NW)
Conoco Station
'
38th and VanCe (NW)
ster Video
Blockbu
38th and High Ct. (M111)
Middie School
a• bavvT,ns~rq, 38th and Kendaq (NW)
Colonna.Cleaner
38th and Ames (N"
King SoopQrs
blieations
O
L
44th and Pierce (SE)
eman
u
44th and Carrison (SVV)
Orowhe$t Thrift StorQ
44th and Gatrison (NW)
Drum Gi1y-Guitar Land
441h antl Kipling (NM
Jetferson Church
,Ap*v*.~44th and Independdnce (NW)
CountryAntiques
44th and Van Gordon (NE)
Truck P(aza
44th and Yan Gordon (SE)
Quality ~nn
44th and Ward (SE)
Total Petroleum
P . 0 1
nur~~hE w R.
Youngfield and 170 exit base
Dairy Queen
Youngfield and 170 exit base
Taco Belf
;
aC-40wai4i~ e~~n,TS►rXe W •S~••
agotOWAr- Kipling and 32nd (NE)
Vacant lot ~ µo &.pveyytlr~1,,J&
Kipling and 38th (SlM
Family thrift center
Kipling and 38th (NE)
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7500 WEST 29TH AVENUE
P.O. BOX 638
WHEAT RIDGE CO 80034-0638 . (303) 234-5900
City Admin. Fax # 234-5924 Police Dept Fax # 235-2949
February 8, 1996
Mr. Robert Hagedorn
Colorado Representative
COLORADO STATE CAPITOL
200 East Colfax Avenue
Denver CO 80203
Re: HB 1028
Dear Representat-ive Hagedorn:
The City of
GWheat
GRidge
This letter is to voice support to allow cities and transit
systems the power and control to erect, install and maintain
transit bus stop amenities without state intervention and/or
restrictions pertinent to the same along state highways.
Cities desire to maintain local control of transit stop amenities
as we do with street lights, ADA upgrades, curb and sidewalk
improvecnents, etc. These have always been permitted with limited
support from the state. Transit advertising shelters should not
be treated any differently.
Current bus shelters are installed without state approval in
regard to locations, styles, colors, etc. State guidelines
should not exceed construction requirements, i.e., setbacks,
breakaway bolts, etc. Any more involvement by the state we deem
as unnecessary and intrusive.
As a City and transit system, we receive many benefits from new,
high-tech, attractive, advertising transit shelters. Some of
these benefits are:
1. Desperately needed infrastructure improvements to our City.
2. Face-lifting of bus stops to encourage'increases in
ridership.
3. ADA upgrade fulfillment at bus stops at no cost to the City.
4a Cash revenues from the vendor company as a portion of the
advertising sold on a monthly basis.
Thank you for your time and sponsorship of this very important
issue for the positive future of mass transit in the state of
Colorado.
very
Glen Gidley, Directc
Department of Plann~
City of Wheat Ridge,
and Development
lorado
,<<.,.,,,~,•~,~r,
W
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7500 WEST
29TH
AVENUE k-
FAX# (303) 235-2557
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From: e I• IAG10~05
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No. of Pages I
(not including cover sheet)
Comments:
R I D G E
WHEAT R IDGE, COLORADO 80215
PLANNING AND ZONING - PARKS AND RECREATION • PUBLIC WORKS
(303) 235-2846 (303) 235-2877 (303) 235-2861
HP QfficeJet
Personal Printer/Fax/Copier
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WHEAT RIDGE SECOND FLOO
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Feb-0$-96 0527 PM
Idenfification Result Pa¢es Tvce Date Time Duration DialMostic
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: 2I5/1996
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F E 8- S- 9 6 M O N Y 4 C 2 3 O U T n O O P R O M O T I O N S S P_ 0?
$UMMARY O~yERT$i
~ Repregentative;Hagedom has presented a bill fo the
Colorado House of Representatives to allow the placement ,
of bus stop shelters with advertising on state highway right-of- `
ways. The bill is currently In the transportation commit(ee. '
<
~ The current CDOT regulations only allow benches to hove
adyertisfng on them. Hagedorn's intent is to broaden the ~ t
regulations to allow prlvately provided advertising sheiters and :
to keep home rule int4ct arld control at the Iocai level. ,
As you are awa.~e, curtentfy the state does not get invo{ved when you
place shelters in their jight of way. CDOT however, is t,ryi to, through
control.
this blll, make itj-roads that will take away much of Ehe loI
Should thls happ6n, transit system that would receive Sig icant revenues
from the prograri7 in aSsociation with a private vendor will ve tq IoSe
many of those revenuLs to the State in the form of land le e
s, etc. that
must be tncurred by the vendor. These unnecessary statpenses teave
x
less for the locaf transit system to receive from sales reves generated.
1 met with Rep. Hagedorn on Friday February 2, 1996 ta ng him up to
speed as to the 6enefits that a priyatcly provided shelter progrem brings
#o a city and transit system. He is very supportive and has a good levet of
understanding qf how .the program works. What he has requested is your
voice of suppor£ on this issue in tPe form of letters and/or tes#imqny before
~ the committee. In addition, he stated that ca11s to the committee members I
that represent your individual districts would atso 6~e~hefpful.
Please let me knoinr if you need any additional inforrration prior fa your
draft of your letter to Rep. Hagedorn, He is in neec~ Qf them on an a's Soon
as possi6le basis. I I
I can be reached at (970) 225-1550
Thank you for your assistance, '
I
Gary D. Young
QUTDOOR PRQMOTfONS
! (
i;
1 ~
MON 4,:24, 4LJTDOOR PROMOT I DNS
/
~
~
Note: Piease make sure that your le#tet of
support to Robert Hagedorn contains
items of each mentianed irt the sample.
Additional input of points, etc. is at your
discretion. The more suppOrt wortded to
Rep. Hagedorn, the befter for al1 trgnsit'
systems and cities eager to embrare
new contracts with private enterprise for
transit services, improvem$nts, e#c.
without losing any of the financial
benefits of the program(s) to the
state.
,
Thank yau for ynur involvement in promotion pf
a posixive future for Colorado transit systems.
~
Yours truly,
Gary D. Young
r
ournoaR pROnnar►oas
(970) 225-1550
P . 0 4
~..r.. ~ ~
Second Repular Seaaion
Sixtisth Gsneral Asaembly
LLS N0. 96-0097.01 own HOUSE BILL 96- ` 028
STATE OF COLORADO
BY REPRESENTATIVE Hagedorn; TFansportation&Energy
also SENATOR Tanner.
A BILL FOR AN ACT
101 CONCERNING THE AUTHORITY FOR CERTAIN KINDS OF ADVERTISING
102 DEVICES LOCATED IN A RIGHT-OF-WAY OF A STATE NIGHWAY,
. , . .
103 AND, IN CONNECTION THEREWITH, AUTHORIZING THE EXTENSION
104 OF ON-PREMISE ADVERTISING DEVICES AND AUTHORIZING
105 ADVERTISING DEVICES ON BUS BENCHES OR BUS SHELTERS.
: Bi11,Surtmary _
; ,(Note; ihi,s.summary.:applies ta..this bi]);as introduced
and does not necessari)y reflect any amendments which mey be
subsequently adopted.)
Authorizes on-premise advertising devices, in addition to
awnings, that are attached to buildings adjacent to state
highways to extend over rights-of-way. Requires the department
to issue permits to advertising devices on bus benches or bus
shelters in the right-of-way :of a state highway if the local
governing body having jurisdiction over the state highway
approves the advertising device.
1 Be it enacted by the General Assembly of the State of Colorado:
2 ~ SECTION 1.43 1 407, Colorado Revised Statutes,'1993Rep1.
3 Vol., is amended BY THE ADDITION Of A NEW SUBSECTION to read:
4 43-1-407. Permits. (2) ANY OTHER PROVISION OF LAW
5 NOTWITHSTANDING, THE DEPARTMENT SHALL ISSUE A PERMIT TO ERECT
6 OR MAINTAIN AN ADVERTISIN6 DEVICE ON A BUS BENCH OR BUS SHELTER
' 7 WITHIN THE RIGHT-OF-WAY OF ANY STATE HIGHWAY IF THE LOCAL
8 GOVERNING BODY HAVING AUTHORITY OVER THE STATE HIGHWAY PURSUANT
Capital lettsrs Lulicate new material to be added to esitting uatrde.
Uashes through the words Lidicate deletlons from exisGLtg gahrte.
1 TO SECTION 43-2-125 HAS APPROVED SUCH AOVERTISIN6 DEVICE.
2 SECTION 2. 43-1-421 (1), Colorado Revised Statutes, 1993
3 Repl. Vnl., as amended, is amended, and the said 43-1-421 is
4 further amended BY THE ADDITION OF A NEW SUBSECTION, to read:
5 43-1-421. On-premise advertising device - extension
6 authorized. (1) Notwithstanding any other provision of law and
7 except as otherwise provided in subsection (2) of this section,
8 awni-Ags ON-PREMISE ADVERTISING DEVICES shall be allowed to
9 extend over existing rights-of-way and future rights-of-way as
10 described in section 43-I-210 (3) of any state highway if all
11 of the following requirements are met:
12 (a) The awn-i-eg ON-PREMISE ADVERTISING DEVICE is attached
13 to and extended from a building and only advertises activities
14 or services offered in that building;
15 (b) The building and attached awning ON-PREMISE
16 ADVERTISING DEVICE is adjacent to the state highway within a
17 city, city and county, or incorporated town HAVING AUTHORITY
18 OVER THE STATE HIGHWAY PURSUANT-TO SECTION 43-2=135;
19 (c) The aw►►4ng ON-PREMISE ADVERTISIN6 OEVICE Ydoes not
20 restrict pedestrian traffic and is not a safety hazard to the
21 motoring public; and _
22 (d) Before erecting the awpi-eg ON-PREMISE ADVERTISING
23 DEVICE, the owner of the awr+iag ON-PREMISE ADVERTISING DEVICE
24 obtains written permission from the city, city and county, or
25 incorporated town.
26 ~ SECTION 3. Safety clause. The general assembly hereby
~
~
~
i
.
-2-
1 finds, determines, and declares that this act is necessary for
2 the immediate preservation of the public peace, health, and
3 safety.
-3- 1028
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9-26 OUTnOOR PR4MOTIONS
TRAN3IT SHBLTfiR CONTRACT AGREEMENT
TfiTS AGREEMEN't made this .70~4 day o£
1995, between the CITX OF NOATHGLENN,
municipal corporation (the ^ci.ty°), ana
Colorado company ("OP").
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OUTDOOR PROMQTIONS, a
7„ CON3TRUCTTON OF TRANSIT SHELTERg:
oP shall design, provide plans and specifications £or, and
erect transit shelters dt certain bus stop locations. in the City o£
Northglenn, CoYoYado, with such loaations being selected in the
manner aet foxth hereinafter. The design of such shelters shall be
approved by the City Counci7 prior to aonstYUation. The parties
heYeto contemplate and intend that approximately twenty (20) or
more bue etop shelters shall be erected. OP will initially erect
twenty (20) shelters and'wall only erect additional she2kere with
the City'a approval. Twenty (20) shelters represent forty (40)
advertising panels. "
LOCATION P TRANSIT
OP aha11 erect such bus stop shelters at those locatipns that
are mutually agreed upon hy the City, OP, and the Regional
Traneportatibn Di.stYict,.:(^RTD"). Prior to erecting any such
shelters at any locatio", OP ahall secuxe any neoes8aiy approval
and/or zoning variance that may be required fxom any governmental
entity, i.n.oluding RTD:
BU3 STOP SHELTBRS TO BB ERECTED 2N THE PUBLIC RYCHT-OF-
W,AY 0 ~PRIVATE PROPERTY:
All bus stop she3ters shall be erected on public rights-of-way
along the street froneage and shali be subject to the City's normal
licensing agxeement and any xules, regulations or ordinances
governi,ng the use of the City's rights-o£-way. NothwithstandAng
the above, OP may 1ocaCe bua shelters an prfvate property,
provided, howevet, that OP shall secure; aC ite own expense,
written' leasea, authori zat ions, or grante of easement from the
awnera of such property, with such leases, authorizationa, qr
grants o£ easement giving OP the right to erect and maintain such
bus atop shelter on the applicable parcel of real estate.
4. MA1IVTLftANCB._4F._S11M-7ERS:
OP agreea to make bS.-weekly inepections and serviae atops of
all such sheltera, and oP shall maintain all such bue stop shelters
in good condition, 'including, but not limieed to, making all
rieCessary repaira, repainCing. OP shall replace, at its own
expense, any shelters ar advertising signs which have been
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9:28 OUTDOOR
P R OM O T I O N S. P. el1-
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TRANSIT SHELTER CONTRACT p.GREEMBNT
TTiIS AGREEMENT made this e7y~a day of
1995, between the CTTY OF NORTFIGL&NN, C , a Colorado
municipal corporation (the "City"), and OUTDOOR PROMOTTpN3, a
Colorado company ("OP"),
l. CON^aTR C'PT N Ol+ R'RANSIT SHSLTBRS:
oP ehall design, provide plans and speciffcations for, and
erect transit shelters at certain bus stop locatione'in the City of
Northglenn, Colorado, with auch locations being selected in the
manner set forth heYeinafter. The deaign oE such shelters shall be
approved by the City Council prior to construction. The partfes
hereto aontemplate and intend that approximateZy twenty (20) or
more bue sCOp shelters shalZ be ereated. OP will initially erect
twenLy (20) shelters and will only erecC additional shelters with
the City's approval. Twenty (20) shelters repreaent forty (40)
advertieing panels. 2. LOCATTO OF 8'(7S STOP TRANSIT SHEL'I'ERS:
OP aha1Z erect suah bus etop shelters at thase locations that
axe mutually agreed upon by the Ci.ty, QP, and the Regional
Transpartation Diatrict 8TD"). Prior to erectin; any such
shelters at any 7.ocations, OP shall secure any necessaxy approvai
and/or zoning variance that may be required from any governmental
entiey; including ATD.
3.
A11 bue stop shelters shall be erected on public rights-of-way
along the street frontage and sha11 be subject to the City's normal
licensing agreement and any rules, regulations or or$inances
governing the use of the City's xights-of-way. NQthwithatancling
the above, OP may locate bus shelters on private property,
provided, hovrever, thaC,oP shall secure, at ita own expense,
written'leases, authorizations, or grante of easement from the
awnera o€ such property, with such Zeases, authorizations, or
gxants of easememt giving OP the-right to erect and maintain such
bus stop shelter on the applicable parcel oE real estate.
ENANCL F SHELTERS:
OP agrees to make bi-weekly inapectiohs and service stops oE
a],1 such ahelters, and OJ? shall maintain all such bus stop shelters
in good condition, including, but not limited to, making all
necessary repairs, repainting. OP shall.replace, at its own
expenee, any shelters or adverCising signe which have been
j io/a/95-ys~
Ci\APCOCS\NG~SNSLTER7.AG~R
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destroyed. After receiqing notioe of any unsanitaxy condition,
state o£ disxepair, defeot, dangerous condition or any unsi.ghtly
conditzon existi.ng in any bus stop shelter, OP agrees to forthwith
repair, replace, or remove such shelter. If OP breaahes this
proviaion requiring the maintenance of bus stop aheltere in good
repair or condition, the City shall have all remediea as are
available for 2areaches of contract, including the rfght to
termknate+ the Agreement. OP shall pay all eleatrical expenees and
service costs incurred by the use oE any electirical lighting in any
bus stop shelter. The City agrees to allow and grant to QP access
to and the right to connect up, or tap into, any electrfcal service
which is now or hereafter being furnfshed to any public street
light located in a close proximity to any bue stop she].ter,
provided, however, OP agrees to reimburse the City £or the
reasonable costa o£ such electricity consumed in the operation of
7.i.ghting of any auch bus sCop shelters.
5, CQIimgNTS OF AD 1tTISEMLNT3:
oP shall have the full and exclusiva right to secuxe
commeXCial adverta,sements to be displayed a.n all bus stop 5helters
and to raaeive any monies in revenues derived therefrom. All
advcrtisemente eecured by OP shali o4nfirm to the standard codes o£
advertising, and OP agrees to not dzsplay adverti.eing.relating to
or di.eplaying promotion of politica, alcohol, tobacoo,
pornographic, Yeligious, controversial, or immoral advertising.
This pro'vision is not severable from the remainder of this
Agreemant. Shotild this provision be chalienged by oP or any third
perty, and ahould it be declared unenfoxceable or invalid by any
court of competent jurisdiction, this Agreement will immediately
terminate.
6. PAYMENTS•
pP aha11 pay the City a monthly pexcentage equal to ten
percent (10%) of the gross receipts of OP during the term of thie
Agzeement from advertisements placed by OP in or upon all bue etdp
ahelters loCated on public righCs-oP-ways. The term "grose
receipts" as used herein is defined to mean the receipta from groas
rantals of all advertising placed in or upon all bua stop shelters,
less any sales tax and related taxes, (excluding any state or
federal corporate income tax), whether such sales oE advertieing be
evidenced by check, credit, charge account, or other exchange.
Each charge or sale upon installment or credit sh.all be tzeated as
a sale for the full price in the month duri.ng whi'ch aueh charge or
sale shall be made, lrrespective o£ the time when.OP shall receive
payment therefore. Such sum sha11 be due and payable monthly on or
before the fifteenth (15th) day of the monCh Pollowing Co1leoCion
of sueh receipt. .
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7'. ERM O RSEME
The term o£ this Agreement shall be £or ten (SO) yeara
commancing on 3eptember 28, 1995, and terminating orx September 28,
2005, provided, however, thae the City, pursuant to Se'ction ll.Xl
of its City Charter, may, at its pleasure, revoke OP'S right to uee
or occupy any portion of any street, a11ey or City-owneci pldce. In
the event of such a revocation, this Agreement shall terminate and
the parties shall be relieved of any further obligation to perform
same. oP ahall have tAe opCion to extend and renew this Agreement
on the same terma and canditions set forth hexein for three (3)
additional periods of ten (10) years, to commence on $eptemher 28,
2005, aad to end September 28, 2035. Vpon termirsation of this
Agreement, oP may remove any and/or all bus stop aheitiers, and oP
shall remooe any auch bus stop eheltere that the City has in
writing requeeCed the removal thereof within thirty (30) days and
reatore its af£eceed sites to substantially the aame condition as
before the construCtion of the shelters within ninety (90) days
a£Cer the date of sai.d termination.
8. INTE L F HODK :
For the purpose of aacerCai.ning the amourit payable as provided
above, oP shall keep at its premises accurate accounts of all groae
advgrtiaing receipts, with theee accounts to be entered in a book
of permanent naturQ. The Ci.ty shall have the right at all
reasonable timas to examine the books and records, of OP for the
puxpose of determi.ning the gross receipts.
g, PUBLIC LIABILSTY TNSxIRANCE:
OP sha11, for and during the periad of the erection of the bue
atop sheltera, and the period for which the same are to ba
maintained and kept in repair by OP, hold the CitX harmless from
any and all liability whatsoevex growing out of any injury ox
damage to property or persons because of any ?ieglect or fau].t of
OP, ita agents or employees, in the execution of this Agreement or
any mattex Gqnnected thexewith or reZated thereto, and to pay any
judgment with casts which may be obtained against said City,
gXOwixig out of any such injury, or damage. Tn connectton with the
above insurance and indemnification, OP agrees to provide and
maintain during the life of the Agreement publio liability
insurance in the ampunt of One Million Aollare ($1,000,000.00) or
the limits of liability establiahed by the Governmental Immunity
Act, whichever is greater, covering auch bus stop shelters. This
policy procured by OP shall name the City of Northglenn, Colorado
as an additionol insured. A copy of all such current palicy or
policies shall be deZzvered to the City.
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P, a\ pPDOL,•9WO~ 8ff8LTER 2. AGR
OCT-10-95 UE 0 ouTDO,,oR .P2oM,QTIONS
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10. 'C~~EkATION WITiLRT
P _ EA =F
oP agrees that in performing all obligata.ans imposed upon
' hereunder, including by way of example and not limitation, the
aelecLion oE any proposed location for the placement of a bus stop
shelter and the mainteaance o£ any bus stop shelter, to fully
coDperate with RmD, if a majority of the homeowners living wholly
within a distance of fzve hundred (500) feeG in evexy direction
from any such shelCer,sign a written petitioA requeating the
removal of such sheltar, OP shall removo euch shelter forthwith
upon receipt of a wr.itten request by the City.'
11. DEFAULTS
If either OP or the Ci,ty fails, neg2ecta or rafusas to perEoxm
any of ita covenanCA, terms and conditi.ons when and aa required
under thip Agreement, or it OP fails, neglects or refuses to make
any payrnent under this Agreement when due, each party shall have
sach zemedies as aYe available at law or in eguity. Op shall have
thirty (30) working days from the posting of any auch notice Co
correct any dePault in the payment af any manies agreed to be paid
upon under this Agreement, and upon failure to correct and cure
such defaulg in the payment of monies, the City shall have the
right to terminate thia Agreement.
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CTTY OF NORTHGLENN
By:
' D.L. arsona, Mayor
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APPROVED A3 T(7 FOTtOa ~
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. AttoYney
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;*11 oMOT/ONS«<
Multi-Medio Morketing Professionols
Loco[ion: 1839 Eos[ Hormony Rood, U4
For[ Collins, CO 80525
Moiling: P.O. 8oz 270807
Fort Collins. CO 80547
10/5/95
Mr. uien Gidiey
virecior or Yianning & veveiopmenz
CITY OF WHEAT RIDGE, COLORADO
Glen:
Hope you enjoyed a great long weekend.
(970) 425-1550 ft Collins
(970) 353-8854 Greeleq
(307) 637-4228 Cheyenne
(970) 425-1560 Fox
i iere is a rinai dran of the sheiter coniraci wim ivo[mgienn and
us for your review and emulation should you so desire.
The term date, percentage of revenue, and length of contract
are noted in red ink in the doeumenfi.
Tne iy.aringienn cizy az'torney is i-iem.eri (iee) Yniiiips ana nis
oriice nsamAer is C3033j 825-6444 in uenver. Yiease ieei iree
io fiave nim canfirm aii izems ofi quesiion you andiar your
aiiomey may nave in your coniraci qeveiopmeni ang Tinai
drafting.
VVe grow more and more exciied ny the aay wiiii the anticipation
of working with you and your city on a daily basis in the near future.
Take care and I wiil get you Broomfields contract copy in the next days
ahead as weli.
rs ruly,
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ahii Robinson
, ~ Zw TRANSTT SHELTER CONTRACT AG REEMENT
~t~ EEMENT made this x~yo€ ~ Zn the CITY OF" NORTHGLEIVN, COLORADO, a Colorado
a
corporation (the ")-and OUTDOOR PROMOTIONS, a
municipal
Colorado company ("OP").
1. COATSTRUCTION Or TR.ANSTT SHELTERS:
OP s'7a11 design, provide plans and specifications for, and
erect transit shelters at certain bus stop locations in the City of
Northglenn, Colorado, with such locations being selected in the
7.r,ner set fcY`h hereinafter. The parties hereto contemplate and
intend that approximateiy twenty (20) or more bus stop shelters
sha11 be erected. OP wi11 initially erect twenty (20) shelters and
will onlv erect additional shelters with the City's approval.
Twenty (20) shelters represent forty (40) advertising panels.
2. LOCATION OF BUS STOP TRANSIT SHELTERS:
OP sha11 erect such bus stop shelters at those locations that
are mutua.lly agreed upon by the City, OP, and the Regional
Transportation District ("RTD"). Prior to erecting any such
shelters at any locations, OP sha11 secure any necessary approval
a.-3/or zonina variance that may be reauired from any governmental
eatity, including RTD.
3. BUS STOP SHELTBRS TO BE ERECTED ON THE PUBLIC RIGHT-OF-
WAY OR PRIVATE PROPERTY:
A11 bus stop shelters shall be erected on public rights-of-way
_z--ong the st_eet frontage and shall be subject to the City's normal
licensing agreement and any rules, regulations or ordinances
governing the use of the City's rights-of-way. Nothwithstanding
the above, OP may locate bus shelters on private property,
provided, however, that OP shall secure, at its own expense,
w-_*_ten 1eases, authorizations, or grants of easement from the
-=xners of such property, with such leases, authorizations, or
grants of easement giving OP the right to erect and maintain such
bus stop shelter on the applicable parcel of real estate.
4. MAINTENANCE OF SHELTERS:
OP agrees to make bi-weekly inspections and service stops of
all such shelters, and OP shall maintain a11 such bus stop shelters
in good condition, including, but not limited to, making all
necessary re airs, reoainting, and sha11 replace, at its own
expense, advertising signs which have been destroyed. . After
receiving otice of any unsanitary condition, state of disrepair,
ce~-ect, dange:_ous conditior_ or any unsightly condition existing in
9/12/95-pss
C:\WPD0CS\NG\SXELTER2.AGR
any bus stop shelter, OP agrees to forthwith repair, replace, or
remove such shelter. If OP breaches this provision requiring the
maintenarc=_ of bus stop shelters in good repair or condition, the
City shall have a11 remedies as are available for breaches of
contract, including the right to terminate the Agreement. OP shall
a11 elect._-ica1 expenses and service costs incurred by the use
of any electrical lighting in any bus stop shelter. The City
agrees to a11ow and grant to OP access to and the right to connect
up, or *an into, any electrical service which is now or hereafter
being furnished to ary public street light located in a close
proximity to any bus stop shelter, provided, however, OP agrees to
~:'_mburse th~ City for *_he reasonable costs of such electricity
consumed in the opera*_ion of liahting of any such bus stop
shelters.
5. CONTENTS OFADVERTISEMENTS:
OP shall have the full and `exclusive right to secure
~ _~-:z.~.~•r-~ia' a.;aertisemer_ts to be disglzyed ixi al_ bus srop shelters
and to receive any monies in revenues derived therefrom. A11
advertisements secured by OP shall confirm to the standard codes of
advertisir_g, and OP agrees to not display advertising relating to
or displaying promotion of nolitics, alcohol, tobacco,
^rnographic, religious, controversial, or immoral advertising.
~'r_is provision is not severable from the remainder of this
Agreement. Should this provision be challenged by OP or any third
party, and should it be declared unenforceable or invalid by any
court of competent jurisdiction, *his Agreement will immediately
terminate.
6. PAY;!=TS :
pp ~~pay the City a monthly percentage equal to
percent of the gross receipts of OP during the term of this
Agreemen f advertisements placed by OP in or upon al1 bus stop
shelters located on pub-ic rights-of-ways. The term "gross
i--ceiots" as used herein is defined to mean the receipts from gross
rentals of a11 advertising placed in or upon a11 bus stop shelters,
less any sales tax and related taxes, (excluding any state or
federal corporate inceme tax), whether such sales of advertising be
evidenced by check, credit, charge account, or other exchange.
Fa.ch charge o.r sale upon instal'ment or credit sha11 be treated as
a sale for t_:-_ fu11 price in the month during Wnion such clzz-rge or
sale shall be made, irrespective of the time when OP shall receive
payment therefore. Such sum'sha11 be due and payable monthly on or
before t;`.e day.
7. TERM OF AGREEMENT:
The term of this greement sha11 be for ten (10) years
commencing on , 1995, and terminating on
9112195-pss
~Y J 2. C:\WPD0CS\NG\SHELTER2.AGR
2005, provided, however, that the City,
pursua;,c to Section 11.1 of its City Charter, may, at its
~Dleasure, revoke OP'S right to uae or occupy any portion of any
~_reet, alley or City-owned place. In the event of such a
ocation, ",is Agreement shall terminate and the parties shall be
relieved of any further obligation to perform same. OP sha11 have
the apt.ion to extend and renew this Agreement on the same terms and
set forth herein for three (3) additional periods of ten
'!o) year , to commence on , 2005, and to end
, 2035. Upon termination of this Agreement,
~--3y ~ rov, , any and/or all bus sto helters, an
p s d OP shall remove
any such bus stop shelters that the City has in writing requested
the removal thereof within thirty (30) days and restore its
affect_,~: sites to substantially the same condition as before the
construction of the shelters within ninety (90) days after the date
said termination.
8. MAINTENANC'E~!;OF SkOKS: the purpose of ascertaining the amount payable as provided
above, OP shall keep at its premiaes accurate accounts of all gross
z>-9vertising receipts, with these accounts to be entered in a book
-jermanent nature. The City shall have the right at a11
r~asonable cimes to examine the books and records of OP for the
purpose of determining the gross receipts.
9. PUBLIC LIAB2LITY INSURAN.CE:
oP shall, for and during the period of the erection of the bus
~cop shelters, and the period for which the same are to be
maintained and kept in repair by OP, hold the City harmless from
any anc a11 liability whatsoever growing out of any injury or
3amage to property or persons beeause of any neglect or fault of
its agents or employees, in the execution of this Agreement or
:-natter cornected therewith or related thereto, and to pay any
::L_iment wil_h costs which may be obtained against said City,
growing out of any such injury,.or damage. In connection with the
above `_nsurance and indemnification, OP agrees to provide and
maintain during the life of the Agreement public liability
_rsurance in the amount of One Million Dollars ($1,000,000.00) or
t:.-- 1_mits of liability established by the Governmental Immunity
whicher-r is greater, covering such bus stop shelters. This
policy procured by OP shall name the City of idortnglenn, Colorado
as an -:~?ditional insured. A copy of all auch current policy or
policies snall be deliVered to the City.
10. COOPERATION WITH RTD:
OP agrees that in performing all obligations impoaed upon
hereunder, including by way of example and not limitation, the
seleccion of any proposed location for the placement of a bus stop
snelter ana the maintenance of any bus stop shelter, to fully
cooperate with RTD. If a majority of the homeowners living wholly
within a. distance of five hundred (500) feet in every direction
from any such shelter sign a written petition requesting the
removal of such shelter, OP shall remove such shelter forthwith
,:7,on receipt of a written request by the City.
11. DEFAULTS:
If either OP or the City fails, neglects or refuses to perform
any of its covenants, terms and conditions when and as required
,_:.^_der this Acreement, or if OP fails, neglects or refuses to make
u_Ly payment ander this Agreement when due, each party shall have
such remedies as are available at law or in equity. OP shall have
thirty (30) working days from the posting of any such notice to
correct a::y default in the payment of any monies agreed to be paid
upon under this Agreement, and upon failure to correct and cure
s-_•.ch default in the payment of monies, the City shall have the
_ynt to te..::.~nate this Agreement.
CITY OF NORTHGLENN
_:EST:
By:
D.L. Parsons, Mayor
Joan M. Baker, City Clerk
APPROVED AS TO FORM:
[SEAL]
!Herbert C. Phillips; City
torney
Moo -PADl~]OTIONS
ATTEST:
-
Julie Johnso , Office and
Manager
By:
Gary D. Young, President/CEO
9/12/95-pss
4 C:\WPDOCS\NG\SNELTER2.AGX
MEMORANDUM oE WHEqTP
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To: City Council
From: Glen Gidley, Director of Planning & Development c o
Re: Outdoor Promotions - Transit Shelter Proposed Contract
Date: September 13, 1995
Please find attached a copy of Outdoor Promotions "Draft" contract. City Attorney Gerald
Dahl and I have met to go over this document and are recommending several revisions. He
is currently drafting a revised contract, as well as revisions to the City's courtesy bench
regulations, Wheat Ridge Code Sec. 21-121 Through 21-150.
Jerry will have copies of those suggested revisions on this matter either prior to, or at your
September 18 study session.
GEG:sIw
attachment
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TBANSIT SHEL1'ER CONrRAtT AGREEMENT
THIS CONTRACT made this _th day of , 1995, between the
City of UJheat Ridge, Colorado (h¢reinafter CUJR) and OUTDOOR PROMOTIONS llC,
o Colorodo company, (hereinafter OP).
1. CONSIRUQION OP iRANSR SHELTERS•
OP shall design, provide plans ond specifications for, ond erect tronsit shelters at
certcain bus stop locations in the CitN of UJheat Ridge, Colorado with such locations
being selected in the monner set Forth hereinafter. The parties hereto contemplate
and intend thot approximately 30 or more bus stop transit shelters shall be
erect¢d. OP will initially erect thirty (30) shelters and will only erect additional
shelters with CU1R's approval. 30 shelters represents 60 advertising panels.
2. IOtAT10N Of BUS STOP TRANSfi SHEITERS•
OP shall erect such bus stop shelters at those locations that are mutually agreed
upon by both CWR and OP. OP shall regularly consult with the Public Transportation
Corporation in choosing the most desirable locotions. Prior to erecting any such
shelters at ony locotions, OP in conjunction with CWR shall secure any necessory
approval and/or zoning variance Chat may be required from cany governmental
entity or boord.
3. 8115 STOP SNEITERS TO 6E ERERED ON iNE PYBNC
R16NT OF WNY/OR PRIYAfE PROPERIY•
All bus stop shelters shall be erected on public right oF ways olong the street
frontage. Notwithstanding the above, OP maV locote bus stop shelters on private
property, provided, however, thot OP shall secure, at its own expense, written
leases, authorizotions, or grants of ¢asement from the owners of such property,
with such leases, authorizations, or gronts of ¢asement giving OP the right to erect
and mointain such bus stop shelter on applicoble parcel of real estate.
4. MAIN1'ENANtE OP SHELTERS:
OP agrees to make bi-weekly inspections and service stops of all such shelters,
ond OP sholl maintain all such bus stop shelters in good condition, including, but
not limited to, making all necessary repairs, repainting, and shall repiace, at its
own expense, any advertising signs which have been destroyed. flFter receiving
notice of any unsanitary condition, statz oP disrepair, defect, dangerous condition,
or any unsightly condition existing in any bus stop shelter, OP agrees to Forthwith
repair, reploce, or remove such shelter. If OP substantially breaches this provision
requiring the maintenance of bus stop shelters in good repoir ond condition, CWR
shall have all remedies as are availoble for substantial breoches of contract,
including any right to terminote the contract. OP shall pay all electrical expenses
and service costs incurred by the use of any electricol lighting in any bus stop
shelter. CWR agrees to ollow and gront to OP occess to and the right to connect
up, or tap into, any electrical service which is now or hereaft¢r being furnished to
any public street light located in a close proximity to any bus stop shelter,
provided, however, OP agrees to reimburse the CWR for the reasonable costs of
such electricity consumed in the operation of lighting of any such bus stop shelters.
5. tONiENTS OF ADVERTISEMEN'fS•
OP shall have Che Pull and exclusive right to seare commercial advertisements to
be displayed in all bus stop shelters and to receive ony monies in revenues
derived therefrom. flll advertisements secured by OP sholl confirm to the stondord
codes of adaertising, and OP agrees to not disploy advertising relating to or
displaying promotion of politics, alcohol, tobocco, pornographic, religious
controversial, or immoral advertising.
6. PAYMEN'1'S:
OP shall pay CUJR a monthly percentage equol to negotiated percent of the gross
receipts of OP during the tzrm of the shelt¢r controct agreement from
advertisements placed by OP in or upon all bus stop shelters located on public
right-of-ways. The term gross receipts as used herein is hereby defined to meon
the receipts From 9ross rentals of all advertising placed in or upon all bus stop
shelters, less ony sales tax and related taxes, (excluding any state or f¢deral
corporate income tox), whether such sales of advertising be evidenced by check,
credit, charge occount, or other exchonge. Each chorge or sole upon installment or
aedit shall be treated os o sole for the full price in the month during which such
charge or sale shall be made, irrespective of the time when OP sholl receive
payment therefor. Such sum shall be due ond poyable monthly on or before the
15th day.
7.
The term of this ContracdRgr¢ement shall be for ten (10) years, commencing on
1995, and terminating on 2005,
unless renewed as hereinaft¢r set forth. OP shall have the option to extend and
renew this Contracdflgreement on the same t¢rms and conditions set forth herein
for three (3) additionol periods of ten (10) yeors, to commence on
2005, ond to end on 4035. Upon
termination of this ContracdRgreement, OP moy remove any and/or all bus stop
shelters, and OP shall remove any such bus stop shelters that CWR has in writing
requested the removal thereof within 30 days.
8. MAINTENANtE OF BOOKS:
for the purposz of ascertaining the amount pa4able as provided above, OP shall
keep at its premises accurate accounts of all gross advertising receipts, with these
accounts to be ent¢red in a book of permonent nature. CU1R sholl hav¢ th¢ right at
all reasonobie times to examine the books and records of OP For the purpose of
determining the gross receipts.
9. PUBIit 11AB1LliY INSUBANCE•
OP shall, for and during the period of the erection of the bus stop shelters, and the
p¢riod for which the same ore to be maintained and kept in repoir by OP, hold the
CitY of Wheat Ridgz harmless from any ond all IiabilitV whatsoever growing out of
any injury or damage to property or persons because of any neglect or foult of the
said OP, its agents or employees, in the execution of this contract or any matter
conn¢cted ther¢with or r¢lated thereto and to pay any judgment with costs which
may be obtained ogainst said City, growing out of an4 such injvry or domoge. in
connection with the above Insurance and IndzmniFication, OP ogrees to provide
and mointain during the liFe of the Contract/Agreement public liability insurance in
the amount oF $1,000,000.00 covering such bus stop shelters. This policy procurred
by OP shall name the City of Ulheat Ridge as an odditional insured. R copy of all
such current policy or policies shall be delivered to CU1R.
10. COOPERATION WITN PIIBIIC TRANSPORTAI'ION
CORPORRt10N:
OP agrees that in performing all obligations imposed upon in h¢reunder, including
by woy of example and not limitation, the selection oF an4 proposed location for
the placement of a bus stop shelter and the maintenance of any bus stop sh¢It¢r,
to fully cooperate with the Public Tronsportotion Corporation. IF a majority of the
homeowners living wholly within a distonce of 300 feet in every direction from any
such sheiter sign o written petition requesting the removal of such shelter, OP shall
r¢move such shelter Porthwith upon receipt of a written request by CWR.
11. DEFnuLn:
If either OP or CU1R fails, neglects or refuses to perForm ony oF its covenants, terms
and conditions when ond os required under this Contract/Agreement, or if OP fails,
neglects or refuses to make any payment under this Contract/Agreement when due,
¢ach party shall have such remedies as are available ot low or in equity. OP shall
have thirt4 (30) working days from the posting of any such notice to corrzct any
default in the payment oF any monies agreed to be poid under this controct, and
upon foilur¢ to corcect and cure such deFault in the poyment of monies, CU1R shall
have the right to terminate this contract.
OUTDOOR PROMOTIONS llC
B4=
Gary D. Young
President / CEO
RTTEST:
By:
Julie Johnson
Office and P¢rsonnel Manager
TRANSIT SHELTER CONTRACT AGREEMEN~
THIS CONTRRCT made this _th day oF , 1995, between the
City of Ulheat Ridge, Colorado (hereinaPter CWR) and OUTDOOfi PROMOTIONS llC,
a Colorado companV, (hereinafter OP).
1. tON1TRUCTION OF TRANSR SHUTERS:
OP shall design, provide plans and specifications for, and erect transit shelters at
certain bus stop locotions in the City oF Ulheat Ridge, Colorado with such locations
being selected in the manner set forth hereinaFter. The parties hereto contemplate
ond intend th4t approximately 30 or more bus stop transit shelters sholl be
erected. OP will initially erect thirty (30) shelters and will only erect additional
shelt¢rs with CU1R's approval. 30 shelters repres¢nts 60 odvertising panels.
~~C•Z~L~Il•7'.t•7~1~~~•Zii~T~T:F~i _
OP shall erect such bus stop shelters at those locations that are mutually ogreed
upon by both CWR and OP. OP shall regularly consult with the Public Transportation
Corporation in choosing th¢ most desirable locations. Prior to erecting any such
shelters at any locations, OP in conjunction with CWR shall secure any necessary
approwl and/or zoning variance that may be required from any governmentol
entity or board.
3. dUS AOP SHEITERS TO BE EREQED ON TNE PIIBLIC
R161IT OF WA4/OR PRIVATE PROPE8'14:
RII bus stop shelters shalf be erected on public right of woys along the street
frontage. Notwithstanding the obove, OP may locate bus stop shelters on private
property, provided, however, that OP shall secure, at its own expense, written
leases, authorizations, or grants oP eos¢ment from the owners of such property,
with such leases, authorizatfons, or grants oF easement giving OP the right to erect
and mointain such bus stop shelter on applicable parcel of real estate.
4. MAINTENANCE OF SNELTERS:
OP agrees to make bi-weeklV inspections and senricz stops of all such sh¢Iters,
and OP shall maintain ali such bus stop shelters in good condition, including, but
not limited to, making all necessary repairs, repainting, and shall replace, at its
own expense, any advertising signs which hove been destroyed. flfter receiving
notice of any unsanitary condition, state of disrepair, defect, dangerous condition,
or any unsightly condition existing in any bus stop shelter, OP ogrees to forthwith
r¢pair, replace, or r¢move such shelter. IF OP substantially breaches this provision
requiring the mointenance of bus stop shelters in good repair ond condition, CU1R
shcall hove all remedies as are ovailoble for substantiol breaches of contract,
including any right to terminate the contract. OP shall pay all electrical expenses
ancl service costs incurred by th¢ use of any electricol lighting in any bus stop
shelter. CWR ogrees to ollow and gront to OP access to and the right to connect
up, or tap into, any electrical senrice which is now or hereofter being furnished to
any public street light located in a close proximitV to any bus stop shelter,
provided, however, OP agrees to reimburse the CU1R for the reasonable costs of
such electricity consumed in the operation of lighting of any such bus stop shelters
5. CONTEN'fS OF ADVERTISEMENTS:
OP shall have the Pull and exclusive right to secure commercial advertisements to
be displayed in all bus stop shelters and to receive any monies in revenues
derived therefrom. RII advertisements secured by OP shall conFirm to the standord
codes of advertising, and OP agrees to not display odvertising relating to or
displaying promotion of politics, alcohol, tobocco, pornogrophic, religious
controversial, or immoral advertising.
6. PRYMEIiii.
OP shall pay CU1R a monthly percentage equal to negotioted percent of the gross
receipts of OP during the term of the sheiter contract agreement from
advertisements placed by OP in or upon oli bus stop shelters located on public
right-oP-wa4s. The term gross receipts os used herein is hereby defined to m¢an
the receipts from gross rentals of all advertising ptaced in or vpon oll bus stop
shelt¢rs, less any sales tax and related toxes, (ex<luding any stote or federol
corporote income tan),'whether such sales of advertising be evidenced by check,
credit, charge account, or other exchange. Each charge or sale upon installm¢nt or
credit shall be treated os a sale Por the fuil price in the month during which such
charge or sale shall be made, irrespective of the time when OP sholl recaive
poyment therefor. Such sum shall be due and payable monthlV on or beFore the
15th day.
7. TERM OF CONTRRQ:
The term of this ControctlRgreement sholl be for ten (10) years, commencing on
1995, and terminoting on 2005,
unless renewed as hereinaFter s¢t forth. OP shall have the option to extend and
renew this Contract/Rgreement on th¢ same terms and conditions set forth herein
for three (3) odditional periods of ten (10) years, to comm¢nce on
4005, and to end on 2035. Upon
terminotion of this ContracdRgreem¢nt, OP may remove ony and/or aIl bus stop
shelters, and OP shall remove any such bus stop shelters that CU1R has in writing
requested the removal thereof within 30 days.
8. MAINTENANCE OF BOOKS:
for the purpose of ascertaining the omount payable os provided above, OP shall
keep ot its premises a<arote accovnts of all gross odvertising receipts, with these
accounts to be entered in a book of permanent nature. CU1R shali have the right at
all reasonable times to examine the books and records of OP for th¢ purpose of
determining the gross r¢c¢ipts.
9. MIBIIC UABINt11 INSIIRRNCE•
OP shall, for and during the period oF the erection of the bus stop shelters, ond the
period for which the som¢ are to be maintained and kept in repair by OP, hold the
CitV of UJheat Ridge harmless from any ond all liability whatsoever growing out of
any injury or damoge to property or persons because of ony neglect or fault of the
said OP, its agents or employees, in the execution of this contract or any matter
connected th¢r¢with or related thereto and to pay an4 jud9ment with costs which
ma4 be obtoined cagainst said City, growing out of any such injury or damage. In
connection with the above Insuronce and Indemnification, OP agrees to provide
and mointain during the lif¢ of the ContracdRgre¢ment public liability insurance in
the amount of $1,000,000.00 covering such bus stop sh¢Iters. This policy proarred
by OP shall name the City of UJheat Ridge os an additional insured. A copy of all
wch current policy or policies shall be delivered to CWR.
10. COOPERAt10N WRH PIIBLIt TIiANSPORTRTION
tORPORATION:
OP agrees that in performing all obtigotions imposed upon in hereunder, including
by way of example and not limitation, the selection of any proposed locotion For
the plac¢m¢nt of a bus stop shelter and the maintenance of any bus stop shelter,
to Fully cooperate with the Public Tronsportotion Corporation. IF a majority of the
homeowners living whollV within a distance of 300 feet in every direction from any
such shelter sign a written petition requesting the removal of such sheiter, OP sholi
remove such shelter forthwith upon receipt of a writt¢n request by CU1R.
11. DEfAU1,K:
IP either OP or CUJfi fails, neglects or refuses to perform any of its <ovenants, terms
and conditions when and as required under this Contract/figreement, or if OP fails,
neglects or refus¢s to make any payment under this ContracdRgreem¢nt when due,
each party shall have such remedies as are available ot law or in equity. OP shall
have thirty (30) working days from the posting of ony such notice to correct on4
default in the payment of ony monies agreed to be poid under this contract, and
upon Pailurz to correct and cure such default in the payment of monies, CU1R shall
have the right to terminate this contract.
OUTDOOfi PROMOTIONS LlC
By:
Gary D. Young
President / CEO
ATTEST:
64:
Julie Johnson
OPfice and P¢rsonnel Manager
pvrDooB~~
P/fOMOT/ONS«C
Multi-Medio Morketing Professionols
laotion:
Moiling:
1839 Eos[ Hormony Rood, U4
Fort Collins, CO 80545
P.O. Box 470807
Fort Collins. CO 80547
8/8/95
Mr. Glen Gidley
Director oF Planning &
CITY OF WHERT RIDGE,
Glen:
(970) 225-1550
(970) 353-8854
(307) 637-4228
(970) 225-1560
Development
COIORRDO
ft Collins
Greeleq
Cheyenne
fox
EnclosecJ are two sample drofts of requested tronsit shelter
contract for your and your city legal deportment review.
Please notiFy us of desired revisions, additions, and/or
chonges to the document/contract.
It was a great pleasure meeting your moyor ond city
council.
S' rely yours,
i~
~--~i
Phil Robinson
OUTDOOR PfiOMOTIONS
TBBNSIT
SHELTER
CONTBBCT
(SlIMPIES)
DRAFT
AN AGREENfEVT BF AND BETWEEN THE CITY OF BROONtFIELD AND
OtiTDOOR PRObIOTIO'N'S LLC FOR THE GRANT OF A REVOCABLE PERbIIT
TO USE AiND OCCUPF CITY-O'V«-ED STREETS FOR THE LtiSTALLATION r1ND
MAL\TENAtiCE OF BUS STOP SHELTERS
1.0 PARTIES. The paRies to thv Agreement are the City of Broomfield, a Colorado
municipal corporation (City), and Outdoor Promotions LLC, a Colorado limited liability
company (Permittee).
2.0 RECITALS aND PLRPOSE.
2.1 The City o«ns rights-of-«ay within the City limits in which streets, curbs,
gutters, and sidewal{;s are constructed. The City does not own the rights-of-
way upon ishich the hi_hways of the State of Colorado are constructed,
although the City ma} o«n certain property upon which curbs, gutters, and
side«'ail;s are constructed and which are adjacent to and front on the rights-
of-wa}• owned by the Scace of Colorado.
2.2 The Permittee desires to use those City rights-of-way along street frontages
within the Cit} for irLStaIIation of bus stop shelters that will have space for
commercial advertisement.
2.3 The Citq will grant a revocable pernut to the Permittee under the terms and
conditions as hereinafter specified in this Agreement.
3.0 TERMS A\-D CO\DITIO\S. FOR AND Lti CONSIDERATION of the mutual
covenants and promises of che parties contained herein, and other valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the parties a;ree as follows:
3.1 Grant of Permit. The City hereby grants to the Permittee a revocable
nonesclusive permit for installation of covered bus stop shelters at any the
locations desi;nated on the map enciosed as Exhibit A. All such bus stop
shelten shall be erected on City right-of-way along the street frontage.
3.2 Location and Desian. The bus stop shelters placed by the Permittee at any
location within the Citv shall be designed and constructed in substantially the
same form as shown on Erhibit B, including the colors depicted thereon. The
typical adver[isement space at each bus stop shelter location shall be as
depicted on Exhibit B.
3.3 Term. The use and occupancy described in paragraph 3.1 above shall
continue from the date of this Agreement to the time that this Agreement is
terniinated. Either party may terminate this Agreement at any time by
givina Nvritten notice to the other party thirty days in advance of the effective
ausstteLr: a.uvis
date of termination and specifying the date of termination therein. L:pon
termination by either party, the Permittee shall remove bus stop shelters
from all locations throuQhout the limits of the City. The City has the right
to use the proceeds from the performance bond to remove any bus stop
shelter not removed bv the Permittee after thirty days.
3.4 Indemnification. The Permittee espressly agrees to indemnify and hold
harmless the City and any of its officers or emplovees from any and all
claims, dama;es, liabilit}, or court awards, includina costs and attorney's
fees that are or may be aNvarded as a result of any loss, injury or damage
sustained or claimed to have been sustained by anyone, including but not
limited co, an} person, firni, partnership, or corporation, in connection with
or arising out of any omusion or act of commission by Permittee or any of
its employees or agents in using and occupying any location for a bus stop
shelter as sho«n on Exhibit A.
3.4 Limitacions of Actions. The Permittee agrees that it wiil never institute any
action or suit at law or in equity against the City or any of iks officers or
emplo} ees, nor institute, prosecute, or in any way aid in the institution or
prosecution of any claim, demand, or compensation for or ori account of any
dama.-es, loss, or injurv either to person or propertv, or both, known or
unkno«'n, pa;t, present or future, arising from the rev ocable permit granted
to Permittee in paragraph 3.1 above.
3.5 Maintenance. (a) The Permittee agrees to construct, maintain, and repair the
bus stop shelter structures as shown on Exhibit B at the expense of the
Permittee. The Permittee agrees that the City is not and will not assume any
liability, responsibility, or costs for any damage or maintenance to any
structures or improvemenu erected by the Permittee under this Agreement.
(b) The Permittee shall inspect, maintain, and clean each bus stop shelter at
least once a week. The City shall notify, either in writin; or oraliy, the
Permittee of any unsanitary condition, state of disrepair, defect, or dangerous
or unsighth• condition at any bus stop shelter. The Permittee shall forthwith
repair. repiace, or remove any such bus stop shelter.
(c) The Permittee shall pay all electrical expenses and service costs resulting
from the use of any electrical lighting in any bus stop shelter. The Cit}' will
allow the Permittee to access to connect to any electrical service furnished to
any street li;ht ]ocated near any bus stop shelter. The Permittee shatt
reimburse the City for the cost of electricity consumed in the operation of
lightin, at any such bas stop shelter.
BOS-SHELT; 4.0915 2
3.6 Fee. The term "gross receipts" as used in this Agreement means the receipts
of gross rentais of all adcertising placed in or upon all bus stop shelters
subject to this Agreemenc, less any sales or use taxes and state and federal
corporate income taxes, whether such sates of advertising is evidenced by
check, credit. charge account, or other exchange. Each charge or sale upon
installment or credit shall be treated as a sa(e for the full price in the month
durina which such char=e or sale is made, irrespective of the time tivhen the
Permittee receives pa}'ment therefor. The Permittee shall pay the City a fee
of i-r~ ten percent of gross receipts received bv the Permittee for
commercial advertisement on any bus stop shelter within the City located on
Cit} rijht-of-way. Such fee shall be paid to the City on the fifteenth day
following the month in which the Pecmittee receives gross receipts.
3.7 Citc Charter. This Agreement is subject to the provisions of section 17.9 of
the Charter for the City of Broomfield in all respects.
3.8 Comoliance with Laws. The Permittee sha(1 comply with al( federal and state
laws and wich the regulations of the Regional Transportation District in
installing and maintaining any bus stop shelter located on a site designated
in E+hibit A.
3.9 Audit. The Permittee shall maintain books, records, accounts, and other
documents of the gross receipts of the received from commercial advertising
on the bus stop shelters. The City shall have the right at reasonabie times to
enter upon the premises of the Permittee to inspect or audit all such books,
records, accounts, or other documents relating to such gross receipts and the
fees paid to the City under this Agreement.
3.10 Insurance. The Permittee shall submit a certificate of insurance for
comprehensive general liability insurance to the City in which the City is
named as an additional insured in the following minimum amounts:
(a) Bodily Injuc-y or Death -$150,000 per occurrence; $600,000 in the
aggre;ate.
(b) Property Damage -$1-50,000 per occurrence; $600,000 in the
aggre;ate.
3.11 Bond. The Permittee shall post for the benefit of the City a performance
bond in the amount of 5=,000 to be retained by the City during the term of
this Asreement.
3.12 Ad%ertisement Content. The Permittee shall not accept any advertisine at
bus stop shelters that advertises alcohol or tobacco products or conveys any
6USSHtiL'P; 3.0915 3
political or religious message. The Permittee shall allow the City, at no cost
to the City, to post pubiic information in any bus stop shelter on the space
designated for such information as shown on Exhibit B.
3.13 Limited Liabilitv Companv. The undersigned manager of the Permittee
represents that he is a manager for the Permittee who has authority to enter
into contracu.
3.14 Privatelv Oitined Prooertv. Nothing in the grant of permit entitles the
Permittee to use or occup~ private property, property owned by the State of
Colorado (State), or property owned by the Regional Transportation District
(RTD). However, shoaid the Permittee obtain tlie consent of a pricate
such
sach bics stop slielcers, 1nctuding payment ot tne cee as proviaec
agraph 3.6. The we of any private property by the Permittee for
al[ation of a:: bus stop shelter shall be subjecf to the :tand use
iIatorc ordinances of
4.0 ASSIGtNNIE\T. This Agreement shall not be assigned by Permittee without the
prior written consent of the City, which may withhold its consent for any reason.
5.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing
and shall be deemed to have been sufficienUy given for all purposes if personally serced or
if sent by certified mail or re-istered mail, postage and fees prepaid, addressed to the party
to whom such notice is to be ;iven at the address set forth on the signature page below, or
at such other address as has been previously furnished in writing, to the other party. Such
notice shall be deemed to have been given when deposited in the United States NSail.
6.0 INTEGRATIOV a\-D AivIE\-DMENT. This Agreement represents the entire
agreement between the parties and there are no oral or collateral agreements or
understandings. This Agreement may be amended only by an instrument in writing signed
by the parties. If any other provision of this Agreement is held invalid or unenforceable,
no other provision shall be affected by such holding, and all of the remainin; provisions of
this Agreement shall continue in full force and effect.
7.0 GOVERNI'NG LA«. This a_reement shall be governed by the laws of the State of
Colorado. Venue shall be in the courts of Boulder County.
8.0 WAIVER OF BRE.aCH. A«aicer by any party to this Agreement of the breach
of any term or provision of this Agreement shall not operate or be constructed as a waiver
of any subsequent breach by either party.
i,iu-,uccr:,.0vis 4
9.0 BI;VDING EFFECT. This Aare:ment shall inure to the benefit or, and be binding
upon, the parties, their respective legal representatives, successors, heirs, and assigns;
provided, however, that nothing in this paragraph shall be construed to permit the
assignment of this Agreement except as otherwise expressly authorized herein.
10.0 EXHIBITS. All exhibits referred to in this Agreement are by reference incorporated
herein for all purposes.
11.0 DELAYS. Any detays in or failure of performance by any party of its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God,
fires, floods, strikes, labor disputes, accidents, regu(ations or orders of civil or military
authorities; shortaces of labor or materials, or other causes, similar or dissimilar, which
are beyond the control of such partN .
12.0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth onlv for
the convenience and reference of the parties and are not intended in any way to defne,
l'unit, or describe the scope or intent of this Agreement.
13.0 ADDITIO\aL DOClitifE\TS OR ACTION. The parties agree to execute any
additional documents or take any additional action that is necessary to carry out this
Agreement.
14.0 EXECUTIO\ IN COL1'TERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original and all of which shall constitute
but one and the same instrument.
15.0 NO THIRD PARTT BEiNEFICIARIES. This Agreement is intended to describe the
rights and responsibilities onty as to the parties hereto. This Agreement is not intended and
shail not be deemed to confer any riahts on any person or entity not named as a party
hereto.
DATED: , 199-4
CITY OF BROOMFIELD,
a Colorado municipal corporation
Mayor
One DesCombes Drive, P.O. Box 1415
ucsstiecr: a.uyis 5
Broomtield, CO 80038-1415
ATTEST:
City Clerk
STATE OF COLOR-+iDO )
) ss
County of )
APPROVED AS TO FORNi:
City Attorney
OUTDOOR PROMOTIONS LLC, Permittee
Manager
1839 East Harmony Road
Fort Collins, CO 80525
The foregoing instrument was acknowledged before me this day of
1995 bv , as manager of Outdoor
Promotions LLC.
Witness mv hand and officiai seal.
UUSSHEL'f:4.U915 6
[SEAL] Notary Public
My Commission Espires:
BUS-SHELT; 3.09I5
JtlL- ?-95 FR' i3.10 C:iYlF? COtLiN~ rAhdSFRi FAX N0, 3032216285
TR.4.'vSFORT FAX NOTE
P. 0 i
TO.
COXI1P32Sy:
Phone:
Fax: 30,3 - S~GS_ i,~3 ~
FROM:
Company: City of Fort CollinslfRANSFORT
221-6620
F= 221-b285
Date: ~7 - ~ - ys
Pages tnciudtng tbis
wver page: Ca
SLJBJECT;
CommenYs.
JUL- 7-95 FR: :3:11 C:TY/FT COLL:NS -R3NSFR? FRX N0, 3032216285 P.02
AC-12EEMENT
THIS AGREE.MENT, made ar.d entered into this"L day ef ~t-~-,-
1990, by and be!wz--n TF-iE CITY OF FORT COLLINS, COLORADO, a municipal
corporatior., hereinatter reEerred ro as "the City," and American Bus Bench Company,
hereinafter referred to as "thz Contrac:or".
W1TNfiSSETH:
WHEREAS, the Contractor h€s made application to the Ciry :or permission to
crect bus benches wichin the City oF Fort Collins and has agreed to maintain the same,
1nd
WHERE.AS, the Contractor has agreed to reasonab:e restricticns upon said bus
benches including advertising to be plFced thereon, and
WHl.REAS, the Ciry wishes to ?ermit the Concractor to erec: bus benches within
the City at such places and undet such conditions as are hereinafter speciEed.
NOW, THEKEFOI2E, zn conside:ation of the mutuai covenans and otiigaticr.s
herein expressed and othet good and valuable cocuideration, the receipt and adequacy
of which is hereUp acknawIedged, it is agreed by and benveen the parties hereto as
rouoWS:
(1) Te:m of the A,greement. This Agreement sha[1 be in ei'~ect from the date
of execu:ion hereof throug:z and including August 31, 1995 unless te:minaced
prior to tFiat date as hez-zinufter provided.
(2) Scove of Sen:ees. The Contractar agrees to provide the £ollowing services
to at least the exRent indicated, vr.'th such timitations as provided in this
Agreement.
(A) Contractor agrees to make a"good faith" efFor, to seli approprza:e
advertising space on the bus benches.
(B) Contractor agrees to be solely and completely respensibte for the
mainter:ance, reYaizs, upkeep ard placement oE all 6enches which
are to be kept in good condi[ion at all times.
(C) Contractor agrees that upon receipt of written notice of a bench
needing repair, the Contractor shal► repair or r-emove such bench
within tcn (10) day5. If Ehe Cor.uactor faiIs ta repair or remove said
bench within the speci#ied period, the City may remove ar repair
such bench and bi;l the Contractor for the costs incuned.
1
JUL- 7-95 FRi 13:i'. C=TY%F- COLL:F[S ,RI?tdSFR" FAX N0, 30322:6285 P.03
(D)
Con(rictor RgTCCS tn hesr all cascx rc)siting to the operation of the
bene6 project.
(E) Concrececr agrees not to place auy bench in the City prior to
receiviei, wriuen a?prcval Gom the CiLy Eor the placement of each
individcal bench. Once such approval has beer. obtained, no
subseyuent moci[ication of aay bench shall be par_niued as to color,
size, design, mate:ials, adver?ising or (ocat;on, without writtea
approva] by the Ciri•. In reviewing any request by the Contractor for
approva) or modiucation of cac,t individual bcnch, the City shall
c.onsider, bu[ noz be limited to, the Fellowing fac:crs:
(1) The size of the bench;
(2) Tne design of the bench;
(3) 'Ihe materias used for the construction of :he bench;
(4) The appearance and content of the advertising to be
dispIayed;
The p;acemeat of the bench witlt respec: to pedestrian and
vehzcular ua`fic; and
(6) The need for the bench.
With regard to the amount, kind and location of colors on each bench, the
parties aclmawledge chat the colors generelly in use upor. benches currentlp
situatcd withir. the Ciry consist in design and appearance of a beige
backg.*ound, brown border, and biack lettecing. The City acknowledges :hat
this use of color in this desiga is atceptable to the City and the Concractor
agrees that such srall be ;he standard background color and design for all
benches.
Addicional co!or wif] oe permitted oa individual benckies Uy the City only
whcn such add'ationai color meets the following criteria:
(1) The arca containing such additional cotor shal( be limited in
size to no mcre than one square foot regardless of the actual
overa[I size of the adver;ising display on the bus bcnch;
(2) All such e?ements of cotor shall be eontained within a
particulzr one-third of the totat area of the bench;
(3) Colors which may be used are linlited to green, red, white,
btue, orange or yellow and customary shades thereo£ Only
one sha<ie of each co!or will be approved fot use ciry wide.
(4) No more chan three colors may be used on any one bench in
addition :o :he standard background colcrs.
2
J+JL- 7-95 FF.i 13.1 C;i.°%F" COLL:iiS "=ANSFRT FRY id0. 30322'6285 P.04
.
(F) Contractnr shall he prohihtted From advertisirg a:cohol or tobacco
products or anytluol_ of a polit;cal or religious nature. Contractor
sFall further be p:oiiibited from ar.y advertis:ng wtuch is construad
by the City as ozfe..sive to the general public.
(G) Contracte: agrees that ali bepehes placed pursuant to this
Agreement shail L-e in substantiai complianct widt the design
Ulueprir.i attached he:eto as ExhiL•it "A" hereby :.zde a part of this
Agree;aent.
(3) Paymenc. In considera:icn of the rig :c to erect bus benches within the
City, the Contractor agrees:
(A) To pay to the Ci^: a fee equa: co 717c of the grass revennes received
by the Concract.r :rom advertising dispiayed on cr.e Concracter's bus
benches.
AII payments h.reunder s:.a]'. be made on a querterly bass
:hroughout each co':andar year_ The Contractc: fi:rther agrees to
mainrain sueh becss, records, documents, and ec[;er evidence and
accourting procedures ar.d prze:ices as may 6e necessary te reEIect
the senices per`0-med Uy it for the residens cE the City pursuaat
to this AgreemQnr- Ail such records shall be available to the C:ty
at all ;e2sonabie t: mes far ir.spect±on, revie•.v er audit.
(B) To provide tbe City's Lirco3r. Community Center with free
adveriising on Qne bench at a locatian selected by the City for the
duration nf ttus ~~-reement. A;: expenses incuaed in providir,g said
bus bench shaL 'e= paid by the Contractor.
(C) To pay Care-A-Var serdces the amount of Ten Dollars ($10.00) ;or
each bench piaced in the City pursuant to this Ag'eement.
(4) Insurance. The Cont:actor agrees to designate the Ciry as an additionaI
named insu:e3 upon a genera] liabi[iry inswance policJ wit4 not ]ess than
Fvur Hundred Thousznd Dollars (5400,000.U0) combined single 7Smits
corerage. Such gener2l liabilsty insurance shall remain in full force an3
effect during the ter•n or this Agteement and any renewnal thereof. The
Contzactor agrzes to p:evide evidence of such liabilitv insurance prior ta
. the olacement of any Lench pursuant :o ihis Agreemen:.
(S) Bond. The Contractor agrees to post, for the City's ber.e&t, a perfors,ance
bond in the amount of Five Thonsan3 Doilars ($SOOQ.GO) to be retained by
thc C:ry throughout the ;erm of the Agreement.
3
JUL- 7-95 FR? 13;12 C:'Y;F'" COLL:t{S ,ANSFP,T FAX FIO. 3032216285 P.05
(6) Conditions of du AQ-et-lent. It is further agreed by and betweer the City
and the Contractor as fo!1pws;
(A) The Contractor sliall neither ass:gn any of the rights nor delegate
atiy of tiie duties icnposed upcn him under lhe provisions of this
Agrccinent wi:hout having firat obcained ?he wr:tten perixrission of
the City.
(B) Tnis Agreemen_ may not be enlaiged, modiiied, or alteted except in
writing signed Uy the parties as amended hereto.
(C) tio waiver of ar.y breach oi this Ag;cemenc shall be held or
construcd to be a waiver af any subsequent breach thereof.
(D) This Agreeinenc ihall not constimte an exctusive franchise for the
benefit of the Contractor.
(E) In entering intc zhis Agreement, Contractor acquues no status,
rigizts, or benefics of an emp!oyee oF the City. Furthermore, the
Contractor shall bc considered as an lndependent contractor and the
City shall incur no liabillty due to the operations af the Cortractor.
(7) IndemziiOca:icn. The Contractor av,rees to hold 'nannless and istdemnify
the City for any and all ciaim, obligation. IiabIlity, ar cause of action arising
from any operation of *.he Contractor. (8) Earlv Termination.
(A) In the event of aZy defauit 3y the Contractor undet the terms and
condi;ions of this Agreement, the City may tertninate tltis
Agreement withir, thirty (30) days after written notIce setting farth
the nature o: the default is 3elivered to tHe Contractor. If this
Agreement is te:minated as hetcin provided, all rights of the
Contractor shalt Lecome null and void.
(B) In the event that lihc City shouid, for any reason whatsaever, cease
to operate its mei:icipal bas system (Transfort), then this Agreemer.t
shall, within sixcy (60} days of such cessation, terminate and become
null and void. Tre Contractor shali, wilhin suid sixcy (60) day
period, remove, ac his sole expense, a11 bus benches from the pubiic
ways of t}tc City. During any period of time afTe; cessation of the
municipal bus sys:em that che 6us bcnches remain in place, the
Contractor shati continue lo be obliglted to comply with ali terms
ef this Agree.ment.
4
NL- 7-95 FR: :3: 12 C_iY/F" COLL[NS iRfiNSFRT FAX N0. 303221s6285 P.O6
(9) 71tis wr.ting constitutes the entire agreement between the parties and
supersedes all previous ao eements and addendums thereto.
Dated this da}• of )C',i7 ~2VA fo c'_r, 1990.
-r
TIIL CTTY OF FORT COLLIN5
a municipaf corporation
By~ c X~w~'1-'.`
City ManageX
ATTEST:
c,ty cierk~-'
J
APPROVEI7 AS TO FORM:
~
Assistant( ity Attorney
AMEI21C.4N BUS COMPANY
By G o>
Title ui
5
~CONTRACT FOR THE BUS BENCH SERVICES
fiHIS AGREEMENT, made and entered into this ~,3 nl day of
y . , 1993, by and between the CITY OF GREELEY, a
Municipal Corporation, hereina£ter :eferred to as "the City" and
Outdoor Promotions Limited Liability Company, hereinafter referred
to as "the Contractor".
WITNESSE"'H
WHEREAS, the Contractor has made application to the City £or
permission to erect bus benches within designated bus stops and has
agreed to maintain the same; and
WHEREAS, the Contractor will develop, design, promote, and
sell advertising on said benches and will pay to the City a
percentage of advertising revenue; a:d
WHEREAS, the Contractor has agreed to reasonable restrictions
upon said bus benches including advertising to be placed thereon;
and
WHEREAS, the City wishes to per,eit the Contractor to erect bus
benches within the City at such places and under such conditions as
are hereinafter specified; and
WHEREAS, the Contractor is respcnsible for ail costs of upkeep
and construction of benches placed in the bus route system.
NOW, THEREFORE, it is agreed by ar:d between the parties hereto
as follows:
Section 1. TERMS Or THE AGREE.MENT
This Agreement shall be effective ?or a term of three (3) years,
such term commencing January 1, 1994, and ending December 31; 1996.
The contract may be renewed for an a3ditional three (3) years upon
mutual agreement.
Section 2. TERMINATZON
(A) The City of Greeley reserves the right to terminate the
contract with the Contractor, in whole or in part, at any time £or
its own convenience.
(g).. In.the event of any default by t`,e Contractor under the terms
and conditions of this Contract, the City may terminate this
agreement.
(C) In addition to any other de_`ault under the terms of this
agreement, the occurrence of any one of the following activities
will result in termination.
JUL 12 i995
E :4G?`"._E ciiiN G,
;
Dishonesty detrimental to the best interest of the City.
2. Continuing inattention or negligence of duties.
3. Serious illegal or immoral conduct.
(D) The City shall provide written notice of the specific
negligence of duties, and shall give the contractor thirty (30)
days to correct the specified problems. If after the thirty (30)
days the problems are not resolved, the contract shall be
terminated.
(E) If this agreement is terminated as herein provided, all rights
ot the Contractor shall become null and void.
Section 3. GENERAL TERMS AND CONDITIONS
ASSIGNMENT - The Contractor shall not assign, transfer, convert, or
sublet any o£ its rights nor delegate sublet, or transfer any of
its duties imposed under this contract without the written consent
of the City.
COMPLIANCE WITH LAWS AND REGULATIONS - The Consultant shall comply
with all State and Federal laws and regulations, and if requested
by the City of Greeley, supply certification and evidence of such
compliance. The contract shall be construed pursuant to the laws
of the State oP Colorado.
EOUAL EMPLOYMENT OPPORTUNITY - In connection with this proposal,
the Contractor shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex,
national origin, age, marital status, being handicapped, a
disadvantaged person, or a disabled or Viet Nam-era veteran. The
Contractor will take affirmative action to insure that applicants
are employed, and that employees are treated during employment
without regard to their race, coior, religicn, sex, national
oriair,, age, marital status, being handicapped, a disadvantaged
person, or a disabled or Viet Nam-era veteran. Such action snall
include, but not be limited to, the following: employrient,
upgrading, demotion, or transfer; recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of
compensation and selection for training.
The Contractor will provide a Title VI Assurance.
CONTRACT WORK HOURS AND SAFETY ACT -
must be.paid on a standard eight hour,
time beyond an eight hour day must be
less than one and one-half times the
addition, laborers must not be required
under condition th t
The contractor's laborers
forty hour work week. Any
compensated at a rate not
base eight hour rate. In
to work in surroundings or
s a are unsanitary, hazardous, or dangerous as
determined by J.S. Department of Labor Standards and reported in 29
CPR Part 1926.
AUDIT AND INSPECTION OF RECORDS - The Contractor shall permit the
authorized representatives o£ the Grar.tee, the U.S. Department o£
Transportation and the Comptroller General of the United States to
inspect and audit all data and records oP the Contractor relating
to performance under the contract until the expiration of three
years after the £inal payment under this contract.
The Contractor further agrees to include in all subcontracts
hereunder a provision to the effect that the subcontractor agrees
that the City, the U.S. Department of Transportation and the
Comptroller General of the United States, or any of their duly
appointed representatives shall, until the expiration of three
years after the final payment under the subcontract, have access to
and the right to examine any directly pertinent booY.s, documents,
papers, and records of such subcontractor, involving transactions
related to the Project. The term "Subcontract" as used in this
clause excludes (1) purchase orders not exceeding $10,000 and (2)
subcontracts or purchase orders for public utility services at
rates established for uniform applicability to the general public.
The periods of access and examination described above, for records
which relate to (1) appeals under the "Disputes" clause of this
contract, (2) litigation of the settlenent of claims arising out o£
the performance of this contract, or (3) costs and er.penses of this
contract to which exception has been taken by the Comptroller
General or any of his duly appointed representatives, shall
continue until such appeals, litigation, clains, or exceptions have
been disposed of.
CHANGED CONDITIONS OF PERFORMANCE - The Contractor shall
immediately notiiy the City of any char,ge in local law, conditions,
or any other event that may significantly afiect its ability to
perform the Contract in accordance with the terms of this
Agreement. In addition, the Contractor shall imnediately notify
the City o£ any decision pertaining to the Contractor's conduct of
litigation that may affect the Federal Government's (FTA) interests
in the Contract or the Government's zdministration or eniorcement
of applicable Federal laws or regulations. Before the Contractor
may join the Federal Government as a named part to litigation, for
any reason, the Contractor agrees to first inform the Government;
this proviso applies to any type of litigation whatsoever, in any
forum.
FEDERAL TRANSZT ADMINISTRATION REOUIR:MENTS - Federal Transit
Administration requirements placed upon the City o£ Greeley and
- within the scope of the contract will be incorporated into the
contract by reference. The Contractor understands and agrees that
Federal laws, regulations, policies, and related administrative
practices may be modified from time to time. Likewise, new Federal
laws, regulations, policies, and related administrative practices
may be established after the date of the contract.
INTERESTS OF Mr^.MBERS OR DELEGATES TO CONGRESS - No member of, or
delegate to, the Congress of the United States shall be admitted to
any share or part of this management agreement or to any bene£it
arising therefrom. Contractor will provide a Certification of
Disclosure of Federal lobbying activities.
INELIGIBLE/DEBAF(RED CONTRACTORS - The Contractor shall not enter
into any subcontract under this contract with contractors on the
U.S. Comptroller General's list oi ineligible contractor_ The
Contractor will provide a Certi£icate Regarding Ineligible
Contractor Lists and a Certification of Primary Participant
regarding debarment, suspension, and other responsibility matters.
INSPECTION OF WORK - The contractor shall iurnish the City
authorized representatiVes with every reasonable opportunity to
determine whether or not the work is perPormed in accordance with
the requirements of the contract. The City may appoint qualified
persons to inspect the contractor's operations and equipment, and
contractor shall permit these authorized representative(s) to make
such inspections at a reasonable ti-ime and place.
BUY AMERICA
The buy America provisions of 49 CFR Part 661 apply to manufactured
products used in the provision of services in this contract.
vivr,a~v..y- ltltvLL t3U51Nt55 ENTERPRISES - The Contractor
will cooperate with the City of Greeley in meeting its commitments
and goals with regard to the maximum utilization of disadvantaged
business enterprises and will use the best efforts to insure that
disadvantaged business enterprises shall have the maximum
practicable opportunity to compete for any necessary subcontract
work.
It is the policy of the City of Greeley that disadvantaged business
enterprises shall have the maximun practicable opportunity to
participate in City of Greeley contracts. In order to insure that
a fair proportion of the purchase and contracts for supplies and
services for the City of Greeley is placed with disadvantaged
business enterprises, the Contractor agrees to take affirmative
action.to the iullest extent practicable to identify qualified
disadvantaged business firms, solicit bids and quotations from them
for supplies and services related to this proposal and in making
awards and purchases to give equitable consideration to
disadvantaged business enterprises.
Affirmative_ action by the Contractor pursuant to this proposal
shall include: arranging solicitations, time for preparation for
bids for offers, quantities, specifications, and delivery and
payment schedules so as to facilitate participation of
disadvantaged group enterprises.
UTILIZATION OF SMALL BUSINESS ENTERPRISES - It is the policy of
the City of Greeley that opportunities to participate in
procurements be provided to smali business enterprises. The
Contractor agrees to insure that a fair proportion of the purchases
and contracts for supplies and services for this agreement are
placed with snall business enterprises, as appropriate.
NON-COMPLIANCE - In the event of the Contractor's non-compliance
with the non-discrimination/disadva^taged business provisions of
this contract, the City of Greeley shall impose such contract
sanctions as it may determine to be aDpropriate, including, but not
limited to: - cancellation, termir.ation, or suspension of the
contract, in whole or in part.
NOTICE - Any notice required or desired to be given under the
terms and conditions of this contract- will be sufficient i£ served•
personally at the address below or if properly deposited in the
United States mail, postage prepaid, addressed to: Outdoor
Promotions Limited Liability Company, 452 Link Lane, Fort collins,
Colorado 80524.
DISPUTES
Except as otherwise provided for in the contract, any disputes
arising under this contract, which are not disposed of by agreement
with the City's Contract Officer will be submitted in writing to
the Public Works Director. The Pubiic Works Director wi11 afford
an opportunity to the Contractor to be heard and offer evidence to
support any claims. Pending final decision of a dispute hereunder,
the Contractor must proceed diligently with the contract
performance. The Public Fiorks Director shall notify the Contractor
in writing of his/her determination and the decision of the Public
Works Director will be final and conclusive with respect to all
factual deterr„inations and may be appealed to a court of competent
jurisdiction. Failure to appeal to the Public Works Director
constitutes acceptance by the Contractor of the decision by the
Contract Officer.
Section 4, - SCOPE OF SERVICES
OWNERSHIP OF BtiS BENCHES
(A) - The City of Greeley retains the ownership of 131 bus
benches built and used at designated bus stops prior to
January l, 1991. The Contracto: retains the ownership of all
bus bencnes built and used at designated bus stops after
January i, 1991.
(B) - Any benches produced by P.merican Bench Company and
placed in Greeley prior to January 1, 1991, will become the
property o£ the City of Greeley at the termination of the
contract regardless of the date or reason for termination.
Any benches produced by American Bench Company and placed in
Greeley after January 1, 1991, will become the property of the
Contractor at the termination of the contract regardless oP
the date or reason for termination.
(C) - At the termination of the contract regardless of the
date or reason of termination, the City of Greeley has first
right to purchase benches built by the Contractor after
January l, 1991.
PLACEMENT OF BUS BENCHES
(A) - All bus benches located in a public right-of-way, or
where easements have been or will be established for bus
stops, are prospective locatio,.s for benches and bench ads.
(B) - When proposing a new bench or ad location, the
Contractor will consider the following: pedestrian and
vehicular traffic and the need for a bench.
(C) - Contractor will only place a bench or a bench ad after
receiving approval by the City o£ Greeley.
(D) - Al1 multiple bench placenents must be approved by the
City of Greeley.
(E) - The American Bench Company must receive written
approval from residents or business owners where any new
benches will be placed in the public right-of-way, or where
easements have been or will be established ior bus stops.
BUS BENCH PRODUCTION
(A) - The Contractor is respor.sible for the construction of
benches at the Contractor's exp=nse and they are to be of the
same design as the City's benches.
(B) - The Contractor will be ailowed to attach adver£isements
to the design of the bench.
(C) - Advertising sign size wiil not exceed the current bench
back width and will not exceed b_nch bacY, height by more than
one inch. Advertising signs placed on all benches will be
placed over bus bench backs. Advertisement shall only be
placed on the front of the bench.
MAINTENANCE
(A) - Contractor will be solely and completely responsible
£or the maintenance, repair, cpkeep, placenent, production,
and installation of bench advertisements. This includes
replacement of stolen or damaged signs exclusive of trade
agreement benches and bench ads.
(B) - Contractor will be solely and completely responsible
for the maintenance, repair, and upkeep o£ benches. This
includes damage by vandalism, weather, and normal wear.
Maintenance o£ benches will include trinming of grass around
benches, filling in of ground depressions, and weed and ant
control where necessary.
(C) - Contractor will repair any damage to bench or bench ads
within five (5) days of damage being reported. Within 24
hours following noti£ication by the C;ty of Greeley,
Contractor will be required to remove any advertising sign
that has excessive vandalism on the ad message.
(D) - I£ repairs and maintenance are not made to benches and
signs within five (5) days after notice of defect, the City
shall remove the bench and/or ad and bill the Contractor for
repairs and installation.
Section 5. ADVERTISING RESTRICTIONS
(A) - All advertisements must be approved by the City of
Greeley's Transportation Division staff, prior to installation
of advertising sign. .
(B) - City of Greeley shall maintain certain trade agreements
with local T.V./radio/newspaper to assist in marketing City
functions or activities. Twenty (20) benches exclusive of the
total benches available for advertising will be reserved for
this purpose. Trade agreement locations will be selected by
the Transportation staff. Any cash advertisers that would
like to locate at a trade agreement location will need
approval £rom the Transportation staff. Switching locations
for trade agreement advertisers and multiple bench placements
are two possibilities that will be considered to accommodate
any advertiser.
(C) - Contractor shall supply the City of Greeley with
Contractor's advertisement rat=s, and shall supply eity with
any rate changes as they occur. The Contractor shall submit
the advertisement rates and any subsequent rate changes to the
City's Transit Services Superintendent located at 1200 "A"
Street, Greeley, Colorado 80631.
(D) - Contractor shall solicit advertising and be responsible
for all advertising spaces that are available on bus benches.
(E) - Contractor agrees to bear all costs relating to the
sale, production, installation, and mainter.ance of the bench
ad exclusive of trade agreements.
Section 6. INDEMNIFICATION AND INSURANCE
INDEMNIFICATION - The Contractor agrees to hold harmless and
indemnify the City of Greeley and/or its agents for any and all
claims, obligations, liabilities, or causes of action arising from
any operation of the Contractor.
~
INSURANCE - The Contractor agrees to name the City of Greeley as
a co-insured on its public liability insurance_ The Contractor
further agrees to carry said Public Liability insurance in a
minimum amount of $500,000 to protect the City of any claim
resulting from activity of the Contractor in operating this
program.
A Certificate of Insurance shall be completed by the contractor's
insurance agent(s) as evidence that policies providing the required
coverages, conditions, and minimum limits are in full force and
effect, and shall be subject to review and approval by the City
prior to commencement of any services. The Certificate shall
identify the contract and shall provide that the coverages afforded
under the policies shall not be cancelled, terminated, or
materially changed unless at least 30 days prior written notice has
been given to the City of Greeley. The completed Certificate of
Insurance shall be sent to the City's Transit Services
Superintendent located at 1200 "A" Street, Greeley, Colorado 80631.
PAYMENT - In consideration of the right to erect bus benches
within the City, and to sell advertising on those benches, tHe
Contractor agrees to the following:
(A) - To pay the City a fee of twenty percent (20%) from all
advertising revenue during the contract period from
advertising displayed on all bus benches, until revenue
returned to the City reaches $5,000 in any year of the
contract. Any sale of advertising that causes revenue to the
City to exceed $5,000 during t:at year would be calculated at
fifteen percent (15%).
(B) - To submit revenue fees received from the sale of bus
bench advertising to the City of Greeley on a monthly basis.
All revenues are to be submitted to the Transit Services
Superintendent, located at 1200 "A" Street, Greeley, Colorado
80631.
(C) - The above mentioned rates apply to all bench revenue
regardless of who constructed and placed the bench in service.
(D) - Contractor agrees to bear all costs relating to
construction, maintenance, repair, and upkeep of benches
inclusive of trade agreement benches.
CONDITIONS OF TAE AGREEMENT - It is further agreed by and between
the City and the Contractor as follows:
(A).- This Agreement may not be enlarged, mo3ified, or altered
except in writing signed by the parties as amended hereto.
(B) - The failure of the City at any time to require
performance by the Contractor of any provisions hereof shall
in no way affect the right of the City thereafter to enforce
same. Nor shall waiver by the City o£ any breach of any
provision hereof be taken or held to be a waiver of any
succeeding breach of such provision or as a waiver of any
provision itself.
(C) - It is expressly understood and agreed by and between
the parties hereto that this Agreement shall not constitute an
exclusive franchise for the benefit of the Contractor.
DATED THIS DAY OF 1993.
/
THE CITY OF GREELEY, COLORADO O'JTDOOR PROMOTIONS LIMITED
LIA3ILITY COMPANY
By:
F'.
iATTBST"'
.
>
~
By :
Gar9a~ , Ow er
Outdoor Promotions
Limited Liability Co.
APPROVEtI-AS TO SUBSTANCE:
By, 3L//`A
City Manager
APPROVED AS TO LEGAL FORM:
a
Y:
City Attorney
//7
By:
Finance D ii~ector
~i -
1
BY:
Purchasing Agent
TITLE VI ASSu`2ANCE
During the performance of this contract, tn_ contractor, for
itself, its assignees, and successors in interest (hereinafter
rePerred to as the "Contractor") ac,rees as £oliows:
1. Compliance with Reaulations: The Contractor shall comply with
the Regulations relative to :,ondiscrimination in federally
assisted programs of the City of Greeley's Transportation
Division (hereinafter, "CITY") Title 49, Code of Federal
Regulations, Part 21, as they may be amended time to time,
(Hereinafter, referred to as the "Regulations"), which are
herein incorporated by re£erence and mace a part o£ this
contract.
2. Nondiscrimination: The Contractor, with regard to the work
perPormed by it during the con'-ract, shall r.ot discriminate on
the grounds of race, color, or natior,al origin in the
selection and retention o° subcontractors, including
procurements of materials and leases of equipment. The
Contractor shall not participzte either directly or indirectly
in the discrimination prohi:.ited by Section 21.5 of the
Regulations, including employmenc practices when the contract
covers a program set forth in Appendix B of the Regulations.
3. Solicitations fnT .Si~h~nntrar+a Tnrli,Ai+.,-. o.-...-..r.........+.- ,.F
Materials and Eauibment: In all solicitations either by
competitive bidding or negotiation made by the Contractor for
work to be performed unde: a subco-tract, including
procurewents for materials cr leases o= equipment, each
potential subcontractor or suppl-ier shzll be notified by the
Contractor of the Contractor's cbligations under this contract
the Regulations relative to ne:ciscriminat_on on the grounds.
of race, coIor, or national origin.
4. Information and Reoorts: The Contractor snall provide all
information and reports recLired by t;e Regulations or
directives issued pursuant the:_to, and shail permit access to
its books, records, accounts, other sources of information,
and its Pacilities as may be determined L-y the CITY or the
Federal Transit Administration to be pert_nent to ascertain
compliance with such Regulaticns, orders, and instructions.
Where ar.y information requir=d of a Cor,t=actor is in the
exclusive possession of anot`:er who fails or refuses to
furnish this information the Cor.tractor s:all so certify to
the CITY, or the Federal Transit P.cministration as
appropriate, and shall set fort7 what effc=ts it has made to
obtain the information.
Sanctions for Noncomoliance: I:, the event c` the Contractor's
noncompliance with nondiscriWination prcvisions of this
contract, the CITY shall impose contract sanctions as it or
the Federal Transit Administration may determine to be
appropriate, including, but not limited to:
a) withholding o£ payments to the contractor under the
contract until the Contractor complies; and/or
b) cancellation, terminatior., or suspension of the contract,
in whole or in part.
6. IncorDOration of Provisions: The Contractor shall include the
provisions of paragraphs (1) through (6) in every subcontract,
including procurements of materials and leases of equipment,
unless exempt by the Regulaticns, or directives issue pursuant
thereto. The Contractor sha'_1 take such action with respect
to any subcontract or procur=_ment as the CITY or the Federal
Transit Administration nay direct as a means of enforced such
provisions including sanctior.s for noncompliance: Provided,
however, that in the event a Contractor becomes involved in,
or is threatened with, litication with a subcontractor or
supplier as a result of such direction, the Contractor may
request the CITY to enter into such litigation to protect the
interests of the CITY, and, 4-n addition, the Contractor may
request the United States to enter into such litigations to
protect the interests of the Jnited States.
Company
/
Repr~esentz ~~v
Date ~ '
CONTrZACTOR CERTIFICAT»ti OF DISCLCSu'2iE OF
FEDERAL Lpggy_`;G ACTIVITIES
This is to certify that, to the best of my knowledge and belief,
the followir.g is accurate, complet=, and current as of 11/,2,,e.,1-
~+F,~
- . Date
1. "No Feceral appropriated funcs have been paid or will be paid,
by or on behalf of the L;,dersigned to any person for
influencing or attempting to ir.fluence an o°ficer or employee
of any agency, a Kember of Ccneress, an oificer or employee of
Congress, or an employee of a xember of Congress in connection
with the awarding of any Fed_ral contract, the making of any
Federal grant, the making oi any Federal loan, the enteririg
into of any cooperative ac_eement, and the extension,
continuation, renewal, amer,c-ent, or modification of any
Federal contract, grant, loan, or cooperative agreement."
z• "If any funds other than Fede:al appropriated funds have been
paid or will be paid to a;y person for in£luencing or
attempting to influence an o°_°;cer or employee of any agency,
a Member of Congress, or an eWnloyee of a Member of Congress
in connection with this contrzct, grant, 1can, or cooperative
agreement, the undersigned shzil complete and submit Standard
Form-LLI,, "Disclosure Form to Reoort Lobbying", in accordance
with its instructions." (A copy of this form is available
upon recuest.)
3: The undersigned shall requ_:e that the language of this
certification be included in =:e award docu,-nents Por all sub-
awards at all tiers includinc subcontractors, subgrants, and
contrac7:s under grants, loans, and cooperative agreemerts and
that all subrecipients shall ce:tify and disclose accordingly.
This certification is a material re~:esentative of fact upon which
reliance was nlaced when this transaction was mac_ or entered into.
Submission cf this certification '_s a prereauisite for making or
entering into this transaction impcsed by Section 1352, Titie 31,
U.S. Code. Fiiy person who fails to ==1e the required certification
shall be sub;ect to a civil penai=: of not less than $10,000 and
not more thaa $100,000 £or each suc_`, failure.
C OIIlD d:: V
~G
Representat~,Pe~/
CERTI-ICATE REGARDING INELIC-7BLE CONTRACTOR LISTS
The ( .kfTc-Gnr-
that it IS NOT
LLL
hereby certifies
Comptroller General's
on the
Consolidated List of persons or firms currently debarred for
violations of various public contracts incorporating Labor
Standards Provisions.
Signature:
Name:
Title:.
Date:
CERTIFICATION OF PR="_=-RY PA3iIC=?-NT
REGARDING DEBARMENT, SUSPENSION, ATiJ OTHER RES?ONSIBILITY MATTERS
~
The L'~-" p~', j. 'J i C-?_G- , certifies to the
best of its knowledge and belief, t:at it and its principles:
1. Are not presently debarred, susp=_nded, proposed for debarment,
declared ineligible, or volu::tarily exc:u3ed from covered
transactions by any Federal department or agency;
2. Have not within a three year period prece3ing this proposal
been convicted of or had a civil judgemer.t rendered against
them for commission of fraud or a cr_minal• offense in
connection with obtaining, atte,:.pting to obtain, or performing
a public (Federal, State, or iocal) transaction or contract
under a public transaction; violation of Federal or State
antitrust statutes or commission of em:.ezzleaent, theft,
forgery, bribery, £alsificatio.^., or destruction of records,
making false statements, or receiving sto'_n property.
3. Are not presently indicted ~or or otherw_se criminally or
civilly charged by a governmental entity (?ederal, State, or
local) with commission of any of the offe:,ses enumerated in
paragraph (2) of this certiPicztion; and
4. Aave not within a three (3) year period preceding this
application/proposal had one or more public transactions
(Federal, State, or local) te^ _nated ior cause or default.
THE PRIMARY PP.RTICIPANT (APPLICANT rOR AN FTA G?.---NT OR COOPERATIVE
AGREEMENT, OR POTENTIA~L CONTRAC~'03 FOR A?_3JOR THIRD PARTY
CONTRACT), ;('~-1-~c~p' i~p,,,,N~L.~.i' CERTIFIES OR
AFFIRMS THE TRliTHFU1,NESS AND ACCi7R:CY OF TF.E CONTENTS OF THE
STATEMENTS Sli3MITTED ON OR WI1H TH=S CERTIrICAT=ON AND UNDERSTANDS
THAT THE PROVZSIONS OF 31 U.S.C. SECTIONS 3001 ET ARE
APPLICABLE TfiERETO.
nature and T tlei f Ac_`~orized
The undersigned chief legal counsel for the
hereby certifies that the
authority
assurances
~cial
has
uncer State and local i,aa to comply ::ith tne subject
and that the certificat±o: above has been legally made.
ture of Applica:,z's Attorney
Date
r
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