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Home My WebLink AboutOrdinance #2307 ORDINANCE N0. 2307 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO COAST UNITED ADVERTISING, DOING BUSINESS AS BENCH AD COMPANY, A FRANCHISE TO PLACE AND MAINTAIN BENCHES IN THE PUBLIC RIGHTS- OF-WAY IN THE CITY OF HUNTINGTON BEACH WHEREAS, COAST UNITED ADVERTISING, doing business as BENCH AD COMPANY, have heretofore by application in writing, applied to the City Council of the City of Huntington Beach for a franchise and privilege hereinafter described; and Pursuant to Resolution No . 4630, the City Council did declare its intention to grant said franchise; NOW, THEREFORE, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. There is hereby granted to COAST UNITED AD- VERTISING, doing business as BENCH AD COMPANY, a franchise for the placement and maintenance of benches in the public rights- of-way of the City of Huntington Beach, pursuant to an agreement for the installation and maintenance of benches for the City of Huntington Beach which is attached hereto and incorporated here- in by reference . This franchise is granted and shall be held and enjoyed only upon the terms and conditions contained in said agreement, and each and every term and condition shall ever be strictly construed against COAST UNITED ADVERTISING, doing busi- ness as BENCH AD COMPANY. Each of said conditions is a material and essential condition to the granting of this franchise . SECTION 2. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News , a weekly news- paper of general circulation printed and published in the County of Orange. MT :ps 7/20/78 ---� , PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21st day of August 1978. Z--Z� Mayor ATTEST: Alicia M. Wentworth, City Clerk BY: UI Deputy City Clerk REVIEWED AND APPROVED : APPROVED AS TO FORM: of �r ity Administrator City Attorney MT INITIATED AND APPROVED: 2 . Ord. No. 2307 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I ALICIA M. WENTWORTH the duly elected qualified City > y � q Y Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 7th day of August 19 78 , and was again read to said City Council at a regular meeting thereof held on the 21st day of August 19 78 and was passed and adopted by the affirmative vote of more than a majority of all the members of said. City Council. AYES: Councilmen: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: Councilmen: None ABSENT: Councilmen: Shenkman Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: Deputy I, Alicia M. Wentworth G;Y CLERK the city of Huntin=t 4,� �t on ach x -i< .d d ., �, c n �!e ., the "+ty Council, d I -by c�r ifv th t h s r: ce has been ^u . zh�d in the Huntirt`or; cln :ears an In acc r an, i` h " City Char,er of said City. ALICIA M. WENTVVORT"----------------- ------ City Clerk -_------ ----------------------------------- Deputy City Clerk AGREEMENT FOR THE INSTALLATION AND MAINTENANCE t OF BENCHES FOR THE CITY OF HUNTINGTON BEACH THIS AGREEMENT is made and entered into this 1�v j sfi' day of 1978 , by and between the City of Huntington Beach, a municipal corporation of the State of California, here- inafter referred to as "CITY" , and COAST UNITED ADVERTISING , a California corporation, D/B/A Bench Ad Company , hereinafter referred to as "BENCH AD" . Recitals : WHEREAS, CITY desires that the general public be provided with the convenience of benches at bus stop locations throughout the CITY; and WHEREAS , BENCH AD is in the business of furnishing benches to municipalities and placing and maintaining benches containing advertising thereon, as well as benches without advertising; and WHEREAS , CITY desires to grant permission to BENCH AD upon the terms and conditions set forth herein to place and maintain benches in the public rights-of-way of CITY, NOW, THEREFORE, IT IS HEREBY AGREED as follows : 1 . CITY does hereby grant to BENCH AD a franchise and right to place benches in the public rights-of-way in the City of Huntington Beach in accordance with the terms and con- dition•s specified herein and at only those locations and those quantities of bus benches designated in Exhibit "A" , which is -1 - attached hereto and incorporated herein by reference . BENCH AD agrees that said benches shall be placed as near as is practical to established bus stop signs . 2 . CITY shall designate the Director of Planning and Environmental Resources , hereinafter referred to as "DIRECTOR" to administer the terms of this agreement . 3 . BENCH AD shall install bus benches at all locations designated within sixty (60) days of the execution of this Agreement . No more than one (1) bench shall be installed at any bus stop except by prior written approval from the DIRECTOR. 4 . All benches shall remain the property of BENCH AD . 5 . The benches shall be constructed of heavy cast concrete approximately three hundred (300) pounds in weight . Each bench shall include the name and current telephone number of BENCH AD . 6 . BENCH AD shall carry public liability and property damage insurance in the form approved by the City Attorney and shall provide a certificate of said insurance to the City Clerk. Said insurance shall name CITY as an additional insured,. in the following amounts . Combined single limit , person injury including liability insurance -- $300 , 000 . 00 each occurrance . Property damage liability -- $50 ,000 . 00 each occurrence . 7 . BENCH AD shall indemnify, hold harmless and defend the CITY, its officers , employees and agents against any claim or cause of action for damage to .property or for injury or death -2- of any person, occasioned by BENCH AD ' s , its employees ' ; or agents ' acts or omissions in the installation, placement , oper- ation or maintenance of said benches . 8 . BENCH AD shall, at its sole expense and cost , maintain said benches in a good condition; shall regularly in- spect said benches at least once each three months of the term of this Agreement ; and shall make the necessary repairs to said benches immediately upon ascertaining that the repair is needed or upon being notified of said facts by CITY . CITY reserves the right to perform maintenance and bill BENCH AD in the event reported maintenance is not performed within fifteen (15 ) days of notification to BENCH AD. 9 . BENCH AD agrees to pay to the CITY an annual permit fee of five (5) dollars per year per bench or portion thereof located within the CITY limits of the CITY. The payment shall be first due and payable upon execution of this Agreement and on each anniversary thereafter for the life of this Agreement . BENCH AD shall also procure an annual business license , as provided in Title 5 of the Huntington Beach Municipal Code . 10 . BENCH AD shall submit to the DIRECTOR, quarterly, a list of bench locations , date of placement and current status . 11 . CITY and BENCH AD both agree that the DIRECTOR may modify Exhibit "A" and require relocation or removal of benches , or the placement of additional benches . BENCH AD agrees to place, j remove or relocate benches in locations designated by the DIRECTOR within thirty (30) days of receipt of written notice to do so. -3- 12. BENCH AD shall place advertising copy only on those benches at locations designated "Advertising" in Exhibit "A" . Benches at locations designated "Non-Advertising" shall either be blank or carry public service messages as approved by the DIRECTOR. BENCH AD shall not place advertising on any bench for alcoholic beverages or tobacco .products , or any advertising which is ob- jectionable in the judgment of the DIRECTOR. BENCH AD shall not place advertising upon any bench which shall be competitive to any business located adjacent to the location of said bench. BENCH AD shall not place any political adver- tising on benches . No advertising copy shall display the words "STOP" , "LOOK" , "DRIVE-IN" , "DANGER" , or any other word, phrase , symbol, or character calculated to interfere with or mislead traffic . BENCH AD shall submit advertising copy to the DIRECTOR for its review and approval . The advertising copy received by the DIRECTOR shall be deemed approved unless the DIRECTOR noti- fies BENCH AD in writing within ten (10) days after receipt of its objection or disapproval . 13 . This Agreement shall not be assigned or transferred by BENCH AD without the written approval of CITY. 14 . Unless sooner terminated, this Agreement shall continue In force for a period of one (1) year from and after the date of execution. After the expiration of the one year term, this Agreement shall automatically renew from ,year to year, unless either party shall provide the other with a written notice sixty (60) days prior to the termination date of its intention not to -4- automatically renew this Agreement . 15 . In the event of any breach on the part of BENCH AD, the CITY shall notify BENCH AD of its intention to terminate this Agreement . If after thirty days of the date of notification, the terms of this Agreement have not been satisfactorily complied with, CITY may terminate said agreement . 16 . Upon termination of this Agreement , in accordance with Paragraphs 13 or 14 above , all benches installed within the CITY shall be removed within sixty (60) days after written notice to do so has been delivered to BENCH AD by the DIRECTOR, and CITY shall be under no further obligation hereunder. 17 . Both CITY and BENCH AD both agree that this Agree- ment shall be of no force and effect unless and until the pro- posed ordinance of the City of Huntington Beach regarding bus benches and transit shelters is'adopted by the City Council and becomes effective according to law. -5- r CITY OF HUNTINGTON BEACH A Municipal Corporation A Z Mayor ATTEST : APPROVED AS TO FORM: Alicia M . Wentworth City Clerk ty Attorney MT By 6�' Deputy REVIEWED AND APPROVED : COAST UNITED ADVERTISING D/B/A BENCH AD COMPANY 4943 East Slauson Avenue Maywood, California 90270 Ci,r Administrator y B EXHIBIT "A" BUS BENCH LOCATIONS EB - Eastbound SB - Southbound WB - Westbound FS - Far Side NB - Northbound NS - Near Side OPP, - Opposite 1. NB Beach FS Atlanta Advertising 2 . NB Beach FS Indianapolis Advertising 3. NB Beach NS Yorktown Advertising 4 . NB Beach FS Ellis Advertising 5. NB Beach FS Taylor Advertising 6 . NB Beach FS Talbert Advertising 7 . NB Beach NS Newman Advertising 8 . NB Beach FS Slater Advertising 9 . NB Beach FS Blaylock Advertising 10 . NB Beach FS Terry Advertising 11. NB Beach NS Heil Advertising 12 . SB Beach FS Warner Advertising 13. SB Beach FS Cypress Advertising 14 . SB Beach FS Slater Advertising 15. SB Beach FS Newman Advertising 16. SB Beach FS Talbert Advertising 17. SB Beach FS Taylor Advertising 18. NB Magnolia FS PCH Non-Advertising 19 . "NB . Magnolia FA Atlanta Advertising NB Magnolia NS Indianapolis Advertising NB Brookhurst FS Hamilton Advertising 2.2'. NB Brookhurst FS Adams Advertising 23 . NB Brookhurst FS Constitution Advertising 14 . NB Brookhurst FS Yorktown Advertising 25 . - SB Brookhurst FS Adams Advertising 26 . NB Main NS Twelfth Non-Advertising 27 . NB Main NS Yorktown Non-Advertising 28 . NB Main FS Delaware Advertising 29 . SB Main (Five Points) Advertising 30 . NB Fifth NS Main Advertising 31. SB Main FS Orange Advertising 32 . NB Goldenwest FS Warner Advertising 33 . SB Gothard FS Center Advertising 34 . NB Bolsa Chica FS Heil Advertising 35. NB Bolsa Chica NS Edinger Advertising 6 . EB Edinger FS Graham Advertising 7. EB Edinger NS Springdale Advertising 38 . ED Edinger OPP. Plymouth Advertising 39 . EB Edinger FS Marjan Advertising 40 . EB Edinger FS Goldenwest Advertising 41 WB Edinger FS Gothard Advertising 42 . WB Edinger FS Goldenwest Advertising 43 . WB Center NS Gothard Advertising 44 . EB Center FS Gothard Advertising 45. EB Heil FS Legrand Advertising 46 . EB Davenport NS Algonquin Advertising 47. +'EB _ Warner NS PCH Non-Advertising EB Warner FS Bolsa Chica Advertising 49•..' EB Warner FS Springdale Advertising 50. EB Warner FS Edwards Advertising �1. EB Warner NS Beach Advertising Slater FS Beach Advertising 53. EB Talbert FS Beach Advertising 54 . EB Yorktown FS Main Non-Advertising 55. EB Adams FS Beach Advertising 56 . EB Adams NS Newland Advertising 57 . EB Adams FS Magnolia Advertising 58 . EB Adams FS Bushard Advertising 59 . EB Adams NS Brookhurst Advertising 60 . EB Adams FS Lawson Advertising 61. WB Adams FS Brookhurst Advertising 62 . WB Adams FS Magnolia Advertising 3 . EB Pecan NS Seventeenth Advertising 4 . WB Orange NS Seventeenth Advertising 65. WB Orange FS Fifth Non-Advertising 66 . EB Orange FS Fourteenth Non-Advertising 67. EB Orange FS Ninth Non-Advertising 68. EB Orange NS Fifth Non-Advertising 69 . SB PCH NS Lake Non-Advertising 70 . NB Delaware NS Adams Advertising 71. EB Adams FS Brookhurst Advertising 72 . NB Delaware FS Clay Advertising + 62 Advertising 10 Non-Advertising