HomeMy WebLinkAboutSHELTERVISION - Z-WAY, INC - 1986-04-07 r REQUEM FOR CITY COUN(AFACTION
Date —March 10, 1936
Submitted to: Honorable Mayor and City Cau�,c?.l
Submitted by: Charles W. Thompson, City Admiiiistr r ee� c,X3�1
Prepared by: Paul E. Cook, Direct-r Public Works
Subject: StIELTER VISION BUS SHELTER AGREGMNT
Consistent with Council Policy? [)d Yes [ ] New Policy or Fxcentlo�n
Statement of Issue. Recommendation,Analysis, Fundinq Source,Alternative cttonif:Attachments: 1
STATEMENT Of T_SSUE:
Shelter Vision ha- rl.quested a franchise agreement to install bus shelters in Hunting-
ton Beach.
RECOMMENDATION:
Approve franchise agreement. n'
ANALYSIS:
The need for bus shelters continues in Huntington Beach. This compan,� will install
shelters at needed locatinns. They have agreed the agreement shall exclude advertising
for lik-uor and cigarettes. The company agrees to pay the C Lty 10% of the gross adver-
tising.
.
FUNDING SOURCE:
All funds will be suppliad by Shel,:er Vision.
ALTERI.NINE: ACTION:
P-fuse a.greerrent.
ATPACM6ENTS
Franchise agreement.
PC:BG:BW:,4.k
PIO A/SA
: CITY OF HUN-rINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
April 8, 1086
Z-WAY, Inc.
dba Shelter Vision
141.5 Hawthorne Blvd.
Redondo Beach, CA 90278
Attn: Jack Ravu
q✓J The City Council of the City of Huntington Beach at its regular meeting
� �✓ held April 7, 1986 approved a franchise agreement with your firm to
t�t instalI bus shelters in the City.
' When we have received your P^surance Certificate and your restoration pond,
a duly executed copy of the agreement will be forwarded to you.
Alicia M. Wentworth
City Clerk
AMW:CB:js
cc: Bill Waddell -DP!:
(Tel e q ho n e:714-536-52 27)
CERTIFICATE OF INSURANC
This certificate it issued as a matter of inforrtatimi oniy Dnd eonuers no rights upon the certificate hold*(.This certificate does net amend,extend or alter the cover•
age afforded by the policies lined be4ow. Hohnrithmanding any muireirwnt. term, or condition of any contract or other document with retprict to which the
certificate is issued,tht insurance afforded by the policiaq listed on the certificate is subject to all the terms of such policies.
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pony QUIDiaMbMto tTtmii days written notice to the, below named certificate holder. MMMIM
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CITY OF HUNTINGTC7N BEALH
l j i
2000 19AM ST. /
HUNl°IWMN BEACH, CA 92646 J��s 1 'r���`•
A'ITN- INSURANCE BENEFITS DEVISION atttTATfri
o FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND SHELTERVISION
THIS AGREEMENT is made and entered into this ^day
of , 1986, by and between the CITY OF HUNTINGTON
BEACH, a municipal corporation of the Stite of California, herein-
after called CITY, and Z-WAY, INC. , a California corporation d/b/a
Shelter;rision, a California corporation, hereinafter called
SHELTERVISION.
WHEREAS, the parties mutually desire th-t CITY permit
SHELTERVISION to construct transit advertising shelters ill CITY
and upon CITY sidewalks,
NOW, THEREFORE, the parties covenant and agree as follows:
1. DURATION
This agreement shall remain in force for the term of ten
(10) years from the date hereof unless previously terrinated as
hereinafter provided. This agreement may be extended upon mutual
consent of both parties.
2. TYPE OF SHELTER
StELTERVISION will build the shelters in the following
dimensions:
A. 17' in langth
B. 5' in depth
C. 8'61' in height
and in a shape as per drawing BS1-001-01, which drawing is
attached hereto as Exhibit A of this agreement and incorporated by
reference as though fully set forth in this part. The materials
to be used will be:
(1)
H
a) Aluminum fo_ the roof structure and the advertising
box sign.
b) Steel for the poles and door frames of the
advertising box and safety tempered glass on all glass panels.
c) The back glass panel is tinted for more _un
M::otecti on.
d) Lighting fixtures will be installed in the
advertising box and on top of the roof.
3. PERMITS AND FEES
SHELTERVISION will obtain and pay for all fees, costs and
permit changes regularly assessed by CITY and all shelters will be
constructed in conformity with all applicable building codes.
4. INDEMNIFICATION
SHELTERViSION will indemnify and save harmless CITY, its
officers, agents, servants and employees, acainct all claims,
costs, expenses, lama. es, liabilities and judgments of every kind
and character, resulting by reason of the erection, maintenance,
operation or removal of a•_y of the shelters referred to in this
agreement, sustained or claimed by any person, firm or corporation
whomsoever and whatsoever, caused or alleged to have been caused,
directly or indirectly, by an act or omission, negligent or
otherwise, or SHELTERVISION, its agents, servants and employees,
or occasioned by any work performed by SHELTERVISION, or by the
permission granted by CITY herein, and shall defend any such
action or suit brought against those so indemnified, and shall pay
all costs and expenses of whatsoever nature resulting therefrom,
and in connection therewith and to pay, on behalf of those so
indemnified the amount of any judgment that may be entered against
any o2 them in any such action or suit,
(2)
5. INSURANCE
SHELTERVISION will keep in force during the entire term
hereof a policy or policies of liability insurance in a sum not
less than �1,000,000, naming CITY, its officers, agents, servants
and employees as additional insureds. Such policy or policies
shall be cancellable upo of less than thirty (30) days notice to
CITY. SHELTERVISION will furnish to CITY a tl, 500 restoration
bond. Certificates of insurance in the form approved by CITY and
evidence of payment will be filed with CITY for its records
forty-eight (48) hours prior to any construction. All bondr ind
insurance tendered to CITY must first be approved by the C.
Attorney.
6. MAINTENANCE
SHELTERVISION shall have the right to enter upon and into
the shelters any reasonable time with workmen and all necessary
electric wires, meters, clock work machinery and other things
reasonably necessary for making said shelters effective, and all
of which work shall be ..one at the sole expense of SHELTERVJSION.
Cleaning of shelters and within a ten-foot perimet-er of shelters,
including removal of graffiti, shall be done at least twice weekly.
7. PAYMENT FOR ELECTRICITY
;�-HELTERVISION shall furnish and pay for all charges for
electrical connections and the energy used and supplied to
shelters and shall indemnify CITY against any and all costs and
charges arising from the use, maintenance and construction thereof.
8. TYPES OF ADVERTISING
SHELTERVISION shall utilize shelters only for advertising
material and will not permit obscene, indecent and vuigar
advertising materiel to be displayed. No shelter may advertise
(3)
alcohclic beverages or tobacco products,. SHELTERVISION Will
withdraw any shelter advertising which CITY in its sole discretion
determines to be inappropriate and such advertising Shall be
removed upon twenty-four (24) hours notice of any such
determination.
9. NONEXCLUSIVE RIGHT TO ERECT SHELTERS
The rights granted herein are not exclusive, and during
the term of this agreement CITY may grant to any other company or
individual the right to erect advertising shelters on public
streets and sidewalks within its corporate limits.
10. SITE LOCATIONS
The locations of shelters will be chosen by mutual
agreement of. the Public Works Director and ar. authorized
representative of SHELTERVISION.
In the event relocation of bus shelters is requested by
CITY, due to development or redevelopment of certain areas,
changes in bus routes, or at the discretion of the Public Works
Director, SHELTERVISION will remove and relocate such shelters and
bear all costs of restoring tie sites and relocating each shelter.
11. REMOVAL OF SHELTERS
SHELTERVISION retains the right to remove any shelter
9
{
without notice to CITY int the event any restriction on the
construction or maintenance of advertising is imposed by statute
or by ord nance of CITY or state in which the shelter is located,
or in the event federal, state, county or other proper authorities
should hereinafter establish any rules, regulations or taxation
a
which shall have the effect of so restricting location,
a,
construction, maintenance or operation of shelters so as to
diminish the value of said shelters for advertising purposes.
(a)
12, TIME OF ZRECTION OF SHELTERS
Time is of the essence hereof. SHELTERVISION shall erect
its first shelter within 120 days from the date of this agreement.
13. CONDITIONS
SHELTERVISION shall not be required to provide or retain
ay shelter in the event advertising contracts sufficient in number
to make the prDject economically feasible shall not be procured.
SHEL`1'ERVISION agrees to use its best efforts to provide for
shelters which are economically feasible.
14. COMPENSATION TO CITY
A. SHELTERVISIOU shall pay to CITY 10 percent of the
gross advertising revenues received by it for the rental of space
on the shelters.
B. Payments will be made on a quarterly basis, said
payment to commence six (6) months from the receipt of advertising
revenues by SHELTERVISION. SHELTERVISION shall file quarterly
statements with CITY itemizing the gross revenue received from
advertising on each shelter, certified under oath as to accuracy.
C. SHELTERVISION will allow a reasonable inspection and
audit of applicable books and records by authorized CITy officials
and firms authorized by CITY to perform such functions at
SHELTERVISION`s office during reasonable business hours for the
sc3e purpose of determining that the revenues due to CITY are
accurately made.
15. DUTY TO REMOVE 5
t
In the event CITY fails to receive notice of renewal of
any permit, bond or policy of insurance wiL!?in twenty (20) days of
expiration date of any such permit, bond or policy or any
cancellation_ thereof and no evidence of a replacement bond or a
�5)
7
coverage is exhibited to CITY within twenty (20) days prior to the
expiration of any bond or coverage, and upon any termination of
this agreement for any reason, SHELTERVISION shall immediately
remove all of its shelters, including foundations, and if it fails
to do so within. thirty (30) days after notice to do so is mailed,
CITY may remove such shelters and SHELTERVISION shall pay to CITY
the cost of such removal.
16. LAWS AND ORDINANCES
This agreement is and will be subject to all statutes,
ordinances and regulations enacted.
17. TERMINATION FOR CAUSE
CITY may terminate this agreement for cause.
SHELTERVISION shall be afforded a pre-termination notice and
opportunity to respond prior to any such termination.
18. SITE RESTORATION
Upon removal of any or all shelters erected by
SHELTERVISION hereunder, all material will be removed from the
sites and such sites restored to the condition existing prior to
installation. All wires will be removed and holes filled,
19. WORKERS' COMPENSATION
SHELTERVISION shall comply with all applicable provisions
of the Workers' Compensation Insurance and Safety Acts of the
State of California, the applicable provisions of Divisions 4 and
f
5 of the California Labor Code and all amendments thereto; and all
similar state or federal acts or laws applicable; and shall
indemnify and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of
every nature and description, including attorney' s fees and costs
presented, brought or recovered against CITY, for or on account of
(6)
x
any liability .for failure to obtain Workers' Compensation
Insurance for employees employed under this agreement.
SHELTERVISION shall furnish evidence cf workers' compensation and
employer' s liability insurance with limits of at least statutory
coverage to CITY in such form as is acceptable to the city
Attorney.
20. ATTORNEY'S FEES
In the event that it ie necessary to institute legal
proceedings to enforce any covenant or condition of this
agreement, including those for bonds, indemnification or
insurance, then th prevailing party shall be awarded as a portion
of its costs of suit a reasonable attorney' s fee based upon thee,
prevailing costs of attorney's fees; notwithstanding,
SHELTEWJISION and CITY may utilize its in-house counsel in any
such litigation.
(REST OF PAGE NOT USED)
(7)
,.,
Ak
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed by and through their authorized officers
on the day, month and year first above written.
CITY OF HUNTINGTON BEACH
a municipal corporation
by kL``""''L
Mayor f
ATTEST: APPROVED AS TO FORM:
BLJGIA I&AENTWORTHGt,`.'
ity C er K � fc z y Attorney
O �1aA C�
REVIEWED AND APPROVED: INITIATED AND APPROVED:
it Adm1n3 ra.torV Director o Pia is Works
Y
Z-WAY, INC. , a
California Corporation
d/b/a ShelterVision
B (.32X
Y
Ralph Ravo, President
Har iet R vo, Secretary
i
g
(8)
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r
E;PV. 5/6/8 6
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER 0,'•INFORKATION,ONLY AND CONFERS s
NO RIGHTS UPON THE CERTIFICAT-HOLDER.THIS CERTIFICA7•�30F,S NOT AMEND.
EXTEND OR ALTER THE COVERAGE AFFORDED B�THE POLICIES BELOW.
P.
0. Box
x 16429 Insurance s u ra n c e Agency, Inc.
P COMPANIESCOMPANIESAFFORDING ",OVERAGE
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Fresno, CA 93755-6429 ---�C,MPANv
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is 11701 Prosperity Lane , µP„ ITEVELOFMENT SERVICES
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1' THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED ULL OW HAr L3ELIv .>'.1ftl .?rs+F ISJ6?Ef>NAe4Fy� � T r� }�?L INDICATED.
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City of Huntington Beach {A IL PIRATI 14 30 nDAYS WRI TTENFNOTI E TO THE CERTIFICATE HOLDER NAMED TO THE r
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a CERTIFICATE OF INSURANCE
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ta is build a a matter of inforrmtksn only and comfort no nji'its u�the c2nificato holder.Th ifkme does not tnTstnd,exterK r altar she covet
by the policies IWW below. iNotwithstarseinq any requirenwnt, term,or condition of tiny contract or other documani with respect to which the
Wusd,the imuninm a4fordad by the policies listed on the eerEficate is subject to all the terms of such policies.
ravtat or 1800 E. St. a��fA92701 �Y AMERICAN STATES INSURANCE
AMERICAN STATES IPISURA9CE
LxTYERUP 10-mmINC. , DBA: SHELTERVISION INC. Lxt"R. Box 49180Ll
aowaan 1 f
LOS ANGELES, CALIFORNIA 90049 181TRW_ _.
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s This is to certify that policies of insurance listed below have been iisued to the insured,tainted above and are in force at this time
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Should any of the above described policies be cancelled before the expiration date thereof,the issuing com-
pony will rYQK5iW 5'4ngil 30 days written notice to the below named certificate holder, kFXWW"S
}l�f�tc�eY�x�i►�oYs $�aB���"
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CITY OF HUNTINGTON BEr1CH 1"� f, , f F1
P. 0. BOX 190 /,
HUNTINGTON BEACH, CALIFORNIA 92648
awnr�® AttYE
ATTN: Ann Brunson GARY N. KNIGHT LWS
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COMPOUND XED R INTEREST 4/D4/86 ;Tm 139-0204942-6- �
CERTIFICATE Type 499 BIENT111000 OFFIC!
I2001 SAP VICLa:L SOULLVLa0
LOS ANGELES. CA OOOff
1.Amount S4-v ..
ACCOUNTHOLDER BAR= RAVO OR RMS RAVO AS TMBUST=EE ..
CM OF HUNTINKG7W BEAai
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Initial MaturMaturityDnlaY/ln/06 !1� OpaoD Balance S 1 r 500•00 y„
Minimum 601arim Requirement$l,000.00 Rix—1 Term Om Year
Role of Earnings 7•80% %Par annum 8.23%
Ewnings Distribution Dates.Beginning and i1
thereafter.With the IW distribution on the Lmal maturity date, j
Frequency,of Compounding DAILY Minimum AOdition$ NONE
Extended Maturity Date-Sae Section 2
1 TIER MINIMUM TIER MAXIMUM
TIERED PRINCIPAL BALANCE PPINCIPAL BALANCE RATE OF EARNINGS
ACCOUNT TIER t $ S %
.., ... LEVELS
-... - TIER $ S %
TIER 3 S S % i
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ShelterVision
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LIFORNIA FEDERAL Accpunl Humbai
POWER OF ATTORNEY
The undersigned hereby appoints:
**[ti'A7-+U1 HALL AS TREASURER OF CITY OF HUNTINGTON BEACH ;'+
whose signature or signatures appear At the left below,as Aitomw(s)in Fact for the undersigned to endorse any paper
payable to the undersigned for payment into the above number account of the undersigned In CALIFORNIA FEDERAL
SAYINGS AND LOAN ASSOCIATION,to make withdrawals;tom Said account,execute checks and other items for any
purpose drawn against the above-numbered account,receipt for and accept delivery of cancelled checks,statements,and
returned Items relating to the above-numbered account and,if this account Is not a transaction account,!o procure a loan
Aga'nsf the whole of said account.The undersigned hereby authorizes said Association to zc1 with respect to said account
Lpon fhe signature of either Attorney In Fact,it more than one.
*11ASIVNA� Elsl OF OR NTOR,4�1 `.--- ��^ •..
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SIGNATURE OF ATTORNEY A ESS
INTACT NUMBER 2
BIRTVMLtCE. DATE OF BIRTH MOTHER'S MAIDEN NAME
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