HomeMy WebLinkAboutCULVER AMHERST LLC - later named Signal Outdoor Advertising, LLC - 1998-12-21 (13)I a1A !,t�
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Council/Agency Meeting Held:
Deferred/Continued to:
*Apnroved ❑ Conditionally Approved ❑ Denied
Citjlerk'd,$ignature
Council Meeting Date: 9/8/2009
Department ID Number: PW 09-43
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COON MEMBERS
SUBMITTED BY: FRED A. WILSON, CITY ADMINIST
PREPARED BY: TRAVIS K. HOPKINS, PE, DIRECTOR U LIC WO--�
SUBJECT: APPROVE AMENDMENT NO. 2 OF THE CLEAR CHANNEL
OUTDOOR BUS SHELTER FRANCHISE AGREEMENT
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: The current franchise agreement for advertising bus shelter and
bench services has expired. The City needs to take action to provide for the continued
service and transition to a new contract.
Funding Source: Implementation of the amendment would reduce General Fund
revenues generated through the franchise agreement by 20% ($60,000 annually).
Recommended Action: Motion to:
Approve and authorize the Mayor and City Clerk to execute Amendment No. 2 to the
Franchise Agreement between the City of Huntington Beach and Clear Channel Outdoor,
Inc. for transit advertising services.
Alternative Action(s):
1. Do not approve amendment and direct staff to terminate current services and facilities
provided by Clear Channel Outdoor Inc., and pursue requisition of a new service
contract on a competitive basis.
2. Direct staff to renegotiate terms of the amendment with Clear Channel Outdoor, Inc.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: PW 09-43
Analysis: For the past 10 years, the City of Huntington Beach has provided bus shelters,
benches and trash receptacles at bus stops throughout the City through an exclusive
franchise agreement. The original franchise agreement was with a firm doing business as
Culver Amherst, LLC and was transferred to Clear Channel Outdoor, Inc., in 2003.
The franchise agreement includes the following major points:
■ Provides and maintains a minimum number or bus shelters, benches and trash
receptacles at a prescribed standard
• Allows Clear Channel to market and collect revenues for advertising on the approved
benches and shelters
® Requires Clear Channel to make a minimum quarterly payment to the City of $75,000
($300,000 annually)
® Ten year term with no extensions
On May 2, 2009, the current franchise agreement with Clear Channel Outdoor, Inc. expired.
Prior to that date, staff began investigating various options for continuing services to the
public and retaining the revenue source. The current economic conditions have affected
many sectors of business. It was determined that attempting to solicit new franchise
agreement proposals would result in few submittals and with minimal service and revenue
potential for the City. Essentially, it would have put firms in a position of trying to forecast
long-term revenue potentials during a time of very uncertain economic conditions. In fact,
the current vendor was unsure what type of proposal they could reasonably provide under
the conditions.
An additional option considered by the staff was whether we could continue services with
Clear Channel for a limited time and then look to secure a long-term agreement through a
competitive process. Clear Channel has provided good service to the community since
assuming the contract. Clear Channel agreed but asked for consideration of a reduced
payment to the City, reflective of the current and projected trends in advertising sales.
Clear Channel agreed to continue services for an additional 18 months on a quarter -to -
quarter basis, with a 20% reduction in fees paid to the City. The result is a reduction of
payments from the current $75,000 per quarter to $60,000 per quarter. In evaluating this
alternative, staff believes there is little chance that greater revenue could be attained
through a competitive process at this time. This approach preserves $240,000 in General
Fund revenues and provides the greatest opportunity for the City to gain a favorable long-
term proposal through the competitive process.
The recommended amendment includes the following:
• Extends the agreement through November 2010
■ Retains 80% of the revenue previously generated through the franchise agreement
■ Requires the same level of performance standards as the previous contract
■ Allows either party to terminate the agreement prior to the expiration date
-2- 8/24/2009 5:26 PM
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 9/8/2009 DEPARTMENT ID NUMBER: PW 09-43
Strategic Plan Goal:
Enhance economic development
Attachment(s):
-3- 8/24/2009 5:26 PM
ATTACHM-ENT
AMENDMENT NO.2 TO FRANCHISE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND CLEAR CHANNEL
OUTDOOR, INC. FOR TRANSIT ADVERTISING SERVICES
This Amendment No. 2 ("Amendment") is made and entered into as of the
th day of 2009, by and between the City of Huntington
Beach, a municipal corporation (hereinafter referred to as "City"), and Clear Channel
Outdoor, Inc., a Delaware corporation, (hereinafter referred to as "Grantee")
WHEREAS, City and Signal Outdoor Advertising, LLC f/k/a Culver Amherst,
L.L.C. (hereinafter referred to as "Signal Outdoor"), predecessor -in -interest to Grantee,
entered into that certain agreement, dated May 3, 1999, entitled "Franchise Agreement
Between the City of Huntington Beach and Culver Amherst, LLC for Transit Advertising
Services," as amended by that certain Amendment No. 1, dated July 7, 2003 (hereinafter
referred to as the "Original Agreement"); and
WHEREAS, the Original Agreement was assigned by Signal Outdoor to Grantee
with the consent of the City pursuant to that certain Assignment Agreement, dated as of
January 7, 2008; and
WHEREAS, pursuant to Section 28 of the Original Agreement, the Original
Agreement may be amended by mutual written agreement of the parties thereto; and
WHEREAS, City and Grantee now wish to further amend the Original Agreement
as set forth herein,
NOW, THEREFORE, the parties hereto agree as follows:
1. The term of the Agreement shall be extended for ninety (90) days, from
May 3, 2009 to August 3, 2009, and the Original Agreement will automatically extend
for an additional ninety (90) days unless either party provides ten (10) business days prior
written notice to the other party of its intent to terminate the Original Agreement (each
09-2123/35149
such 90 day period hereinafter referred to as, the "Extended Period" and collectively as,
the "Extended Periods"). The Original Agreement may be extended for a maximum of
eighteen (18) months from May 3, 2009.
2. Notwithstanding any provision in the Original Agreement to the contrary,
the total of any and all compensation due and payable under the Original Agreement to
the City for each Extended Period shall be Sixty Thousand and No/100 Dollars
($60,000.00), prorated for any partial Extended Period.
3. Except as expressly modified herein, all other provisions, terms and
covenants set forth in the Original Agreement shall remain unchanged and shall be in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2
to be executed by and through their authorized offices the day, month and year first above
written.
CLEAR CHANNEL OUTDOOR, INC
By: C )
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ITS: (circle one) Chairm /Presiden ice President
AND
By:"'A c)ta5/teN
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ITS: (circle o Eec,/hief Financial Officer/Asst.
Secretary — Treasurer
REVIE it
APPROVED:
ity dministrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Califo
Mayor
City Clerk V
APPROVED AS TO FORM:
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�2 Uq City Attome vrco rdl009
INITIATED AND APPROVED:
Director of P lic Works
09-2123/35149 2
FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND CULVER AMHERST, L.L.C. FOR TRANSIT ADVERTISING SERVICES
WHEREAS, this Agreement (the "Franchise Agreement" or "Agreement") is made and
entered into as of the.3 day of mfIY , 1999, by and between the City of
Huntington Beach, a municipal corporation hereinafter referred to as "CITY" and CULVER
AMHERST, L.L.C., a New York limited liability corporation, (hereinafter referred to as
"GRANTEE".
WITNESSETH
WHEREAS, the CITY is authorized to grant, renew and deny franchises for the
installation, operation and maintenance of transit advertising services and otherwise regulate
encroachment into the public -right-of-way within the city's boundaries by virtue of federal and
state statutes and court rulings, by the CITY's police powers, by its authority over its public rights
of way and by other CITY powers and authority; and
WHEREAS, the GRANTEE has agreed to comply with the applicable regulations
pertaining to transit advertising services, including but not limited to Huntington Beach
Municipal Code Chapter 12.36 entitled "Benches, Telephone Booths, and Other Public Service
Items" (hereinafter "Chapter 12.36"); and
WHEREAS, GRANTEE has the financial, legal and technical ability to provide the
services, facilities and equipment as set forth in this Agreement granting a franchise; and
WHEREAS, the terms and conditions of this Agreement granting a franchise renewal are
reasonable to meet the future transit advertising related needs and interests of the community,
taking into account the cost of meeting such needs and interests; and
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
1: GRANT OF FRANCHISE
Pursuant to the authority provided in Chapter 12.36, the CITY hereby grants a non-
exclusive transit advertising services franchise to GRANTEE pursuant to the terms and
conditions of this Agreement (hereinafter the "Franchise"). To the extent the provisions of
Chapter 12.36 are inconsistent with those of this Agreement, the provisions of this Agreement
shall prevail. GRANTEE shall provide all services as described in CITY'S Request for
Proposals and Addendums thereto (hereinafter referred to as Exhibit "A"), which is attached
hereto and incorporated into this Agreement by this Reference, and GRANTEE's proposal dated
March 5, 1999, (hereinafter referred to as Exhibit "B"), which is attached hereto and incorporated
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into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as
"PROJECT."
2. FRANCHISE AREA.
The franchise area for this Franchise shall be all property within the boundaries of the
City of Huntington Beach as they exist on the effective date of the Agreement, and as the
boundaries may exist during the Franchise period, through annexation. GRANTEE shall provide
transit advertising services and transit non -advertising services only at those sites specifically
identified in Exhibit "C" attached hereto and incorporated by reference, as approved by the
Director of Public Works.
3. TERM OF AGREEMENT
This Agreement shall commence on the r day of %N& , 1999, (the
"Effective Date") and shall continue in effect for a period of ten (10) years (the "Term"). The
Term shall expire on the "�- day of Z22 , &A unless this Agreement is
terminated earlier, pursuant to the provisions of this Agreement, or otherwise according to law.
The contract may be extended for an additional five (5) years upon the mutual consent of both
parties and with no less than one hundred eighty days prior to the expiration of the term.
4. COMPENSATION TO CITY
For each year during the term of this Agreement, GRANTEE agrees to pay to CITY the
greater of a guaranteed minimum payment ("Guaranteed Minimum Payment") for a minimum of
one hundred seventy (170) shelters.and three hundred (300) benches or a stated percentage of the
gross advertising revenues ("Percentage Revenue") received from advertising shelters and/or
benches within the CITY. The Guaranteed Minimum Income per shelter and/or bench per month
and applicable Percentage Advertising Revenue for each year of this Agreement are set forth in
Exhibit "D" attached hereto and incorporated by reference.
If at any time during the Term, GRANTEE and CITY agree to add additional shelters
and/or benches with advertising to the number of shelters/benches initially authorized, the
Guaranteed Minimum Payment shall be increased on a revenue per shelter and/or bench per
month basis. If there is any increase in shelters and/or benches the performance bond shall be
increased by the agreed upon amount. Any decrease in shelters and/or benches shall not decrease
the performance bond amount.
5. PRIORITIES
In the event there are any conflicts or inconsistency between this Agreement, the
CITY's RFP, or the GR.ANTEE's proposal, the following order of precedence shall govern:
1) Agreement, 2) the GRANTEE's proposal, and 3) the CITY's RFP.
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6. TRANSIT SERVICES STANDARDS
A. All bus shelter and bench improvements shall meet the minimum design requirements
as defined in the City of Huntington Beach Standard Plans, and the Orange County Transportation
Authority's `Bus FACILITIES HANDBOOK" dated April, 1996, and made available through that
agency and is made a part hereof by this reference. All work performed within the CITY boundary
shall conform to City Standard Plans on file, the latest edition of Standard Specifications For Public
Works Construction (Green Book), the latest edition of the National Electric Code (NEC), or at the
direction of the Director of Public Works or his/her designee. A minimum four inch (4") concrete
slab shall be placed at all berich'and shelter locations. Concrete mix design shall be 520-C-2500
(Type V). This slab is to be placed in accordance with the Orange County Transportation
Authority's `Bus FACILITIES HANDBOOK" (figures 26 and 29) dated April,1996, for transit shelters
and related street furniture, and the requirements of the Americans with Disabilities Act (ADA) of
1990. In addition, all work must comply with the conditions of the Public Works Permit issued for
each individual location, and any and all other conditions of the Agreement.
B. Each shelter or bench site design shall be compatible with the landscaping in its vicinity,
in a manner satisfactory to the Director of Public Works or his/her designee. Bus shelters and
benches to be located on an existing landscaped slope will require special design and landscaping
modifications. All bus shelters and benches shall have consistent design within a community.
The design is to be reviewed and approved by the Design Review Board pursuant to Huntington
Beach Zoning and Subdivision Ordinance Code Chapter 244.
C. GRANTEE shall permanently affix in a conspicuous area on each shelter and/or
bench an owner identification tag which includes GRANTEE'S business name and 24 hour
service telephone number.
D. GRANTEE shall supply the approved trash receptacle at each site in accordance with
the site specifications, or as approved by Director of Public Works or his/her designee. If needed, a
second trash receptacle shall be installed at the request of the Director of Public Works or his/her
designee. Trash receptacles shall not block the bypass space between the sidewalk, shelter/bench,
and the curb face.
E. If required, the GRANTEE will obtain written permission to encroach from the
underlying property owner (other than the CITY), prior to issuance of any permit for any shelter
and/or bench. No telephones, vending machines, newsracks, or any other devices not specifically
authorized pursuant to this Agreement shall be permitted to be installed on, or adjacent to the
shelters without the prior written authorization of the Director of Public Works or his/her designee.
7. DESIGN STANDARDS, AMENITIES
GRANTEE shall provide said services consistent with the design standards set forth
below.
A. SHELTER DESIGN STANDARDS
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1. The shelter's structural design(s) shall be plan checked and approved by the City of
Huntington Beach prior to implementation of the installation program.
2. A metal structure thirteen feet 0 Y) or seventeen (17') feet long with a five foot (5') roof
line. The structure shall have a minimum of four columns to support the roof and be
enclosed on three sides with tempered, tinted glass, and an advertising panel at the end
farthest from the bus' approach. The shelter shall be lit from dusk to dawn by an overhead
fluorescent light with a control timer or photo electric cell. Electrical service shall be 120
Volt and shall be underground.
3. Each shelter will house a matching eight. foot (8') bench with a back. The bench should
have arms only at both ends. The shelter shall also accommodate a minimum space of 48
inches by 48 inches for persons in wheelchairs. Each shelter shall also have a matching
trash receptacle with an inner and outer lining, not including plastic garbage bags, to prevent
leaks and spills. All furniture shall be anchored to the site or otherwise attached to the
shelter to prevent theft and/or vandalism.
4. The name of the nearest cross street or local feature shall be placed on the shelter's roof
facia on the approach end of the shelter consistent with City of Huntington Beach standards,
or as directed by the Director of Public Works or his/her designee. The GRANTEE's name
and 24-hour phone number shall be displayed for emergency purposes within the interior of
each shelter.
5. Each shelter or bench shall be issued its individual permit application, shall specify the
shelter or bench standard plan number to be used, and will be accompanied by an 8-1/2" x
11" location drawing, signed and stamped by a California Registered Civil or Structural
Engineer. The location drawing shall contain a minimum 40 foot to 1 inch scale (1 "=40' .
scale) representation of the proposed shelter site covering the area from the property line to
the street centerline at the intersection. Mid -block sites can be shown with broken line ties.
The drawing shall also give all necessary street dimensions such as: sidewalk width, street
width, etc. All substructures within the sidewalk area, street lighting electroliers, fire
hydrants, storm drain catch basins, trees, vaults, gas lines, water lines, electrical, and any
other sidewalk facility or street furniture must be shown on the location drawing. A no -
scale key map must also be included on the location drawing.
6. Minimum setback of the shelter structure, including roof, from the face of curb shall be
two feet.
7. Any shelter located less than 48 inches from the curb face shall have rear access at the
ad -panel end of the shelter.
8. Every shelter shall be illuminated from dusk until dawn by an overhead fluorescent light
fixture concealed in the roof structure with a control timer and/or a photo electric cell, or its
equivalent as determined solely at the discretion of the Director of Public Works.
GRANTEE shall apply for, and obtain at its own cost, any necessary electrical service
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permits from the electrical provider. Metered electrical service charges shall be at
GRANTEES sole expense.
9. Back and side panels shall be constructed of tempered tinted glass or other safety devices
to protect pedestrians by enhancing visibility. The CITY reserves the right to substitute the
optional materials offered by the GRANTEE on a case -by -case basis.
10. Where existing curbing is found to be in good condition and presents no hazard to bus
stop users, curbing shall not be disturbed during the installation of the bus shelter. Any
required conduit shall be passed under the curb in a manner that does not affect the curbing.
Where curbing is found to be in poor condition sufficient to cause a hazard to bus stop
users, the curb and gutter shall be replaced as part of the site improvements at GRANTEE's
sole expense. The CITY's agent shall be the deciding judgment on the potential hazard
determination:
B. NON -SHELTER FURNITURE DESIGN STANDARDS
For those bus stops without a bus shelter identified by the CITY, the GRANTEE shall:
1. Install a 8-foot bench non -advertising bench with a back; or
2. Install a 7-foot advertising bench with a back
In addition, a complimentary trash receptacle with an inner and outer (non -wire mesh)
lining to prevent leaks and spills at the discretion of the Director of Public Works.
8. SECURITY FOR PERFORMANCE
The purpose of the performance security is to insure faithful performance of GRANTEE'S
covenants for construction, maintenance, repair or replacement of the shelters, timely payment of
all revenues due the CITY (including without limitation, permit fees, business license fees, and
advertising revenues), and restoration of shelter and/or bench sites to the condition existing prior
to installation of the shelters and/or benches, whenever a shelter and/or bench is removed or
relocated.
a. The GRANTEE shall establish a letter of credit in the sum of one thousand dollars
($1,000.00) per shelter location within forty-five (45) days after the effective date of this
Agreement. The letter of credit shall be in a form acceptable to the City Attorney. The
GRANTEE shall restore to the letter of credit any amount the CITY withdraws as liquidated
damages, within thirty (30) days after the CITY withdraws the money. The GRANTEE may
request that the CITY reduce the letter of credit from one thousand Dollars ($1,000.00) per
shelter to five hundred dollars ($500.00) per shelter at any time after CITY has verified the
completion of the installation of all shelters and benches pursuant to the Agreement, and that
GRANTEE is not in material breach of the Franchise. The CITY shall complete its review of
GRANTEE's compliance with these conditions within sixty (60) days after receipt of the
GRANTEE's request.
g jmp/agree%ulva/4/19/99 5 G
The GRANTEE may provide cash or a cash equivalent in substitution of the letter of
credit including without limitation a certificate of deposit or savings account, the rights of which
have been signed over to the CITY. Any interest accrued on such cash or cash equivalent
security shall be paid over to the GRANTEE.
GRANTEE's recourse, in the event GRANTEE believes any taking of funds from the
Letter of Credit is improper, shall be through legal action, after the Letter of Credit has been
drawn upon.
b. Surety Bond. As an alternative to establishing a Letter of Credit, the GRANTEE
may obtain a surety bond acceptable to the CITY, to guarantee the sum of one thousand dollars
($1,000.00) per shelter. The Surety Bond shall be in a form acceptable to the City Attorney and
shall be submitted concurrently with the effective date of this Franchise Agreement. The form of
the Surety Bond shall contain, at a minimum:
(1) That the surety is licensed in California and maintains a Best's Financial
Size Category of IX.
(2) That the surety holds a Certificate of Authority from the United States
Department of the Treasury as an acceptable reinsuring company pursuant to
Department Circular 570 as published in the Federal Register.
(3) The surety shall have a Best's insurance rating of not less than A.
(4) The principal amount of the obligation shall be one thousand dollars
($1,000.00) per shelter.
(5) The obligation by the surety to pay the principal amount to the CITY is
unconditional pursuant to Civil Code Section 2806.
(6) The liability of the surety for the payment of the principal amount accrues
immediately upon the default of the GRANTEE, and without demand or notice
pursuant to Civil Code Section 2807.
(7) The surety shall waive any defense based on or arising out of any defense
of the GRANTEE other than payment in full of the principal amount including
without limitation a defense based on or arising out of the disability of the
GRANTEE, the unenforceability of the principal obligation, or any part thereof, or
any change, renewal or acceleration of the terms of the principal obligation.
Further, said surety shall waive any right to require the CITY to proceed against
the GRANTEE or pursue any other remedy in the CITY's power. Further, said
surety shall have no right of subrogation and shall waive all presentments,
demands for performance, notices of protest, notices of dishonor and notices °---
the acceptance of the Surety Agreement. Cj
6 `C r
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(8) The surety shall also undertake to pay reasonable attorneys' fees and other
costs incurred by the CITY in enforcing the Surety Bond.
(9) GRANTEE shall require said surety to submit to the CITY documentation
evidencing the above requirements and any documentation required of the.
GRANTEE by the surety for the purpose of ascertaining GRANTEE's financial
condition.
9. PERFORMANCE SCHEDULE; LIQUIDATED DAMAGES
The following performance schedules shall be adhered to by the GRANTEE. Any
deviation from these schedules without written CITY approval, except on account of those events
specified in Section 8, shall constitute a material breach of contract, and the GRANTEE shall be
liable to the CITY for liquidated damages as set forth below.
GRANTEE will submit permit applications for all locations identified in Exhibit "C"
attached hereto and incorporated by reference to the CITY'S Department of Public Works within
thirty (30) days of the Agreement's "Effective Date". Installation of the first bus shelter and/or
bench shall begin no later than thirty (30) days following issuance of permits. The
construction/electrical inspector shall be notified 48 hours in advance of all
construction/electrical work. The number to call for notification is (714) 536-5431 unless a
different number is provided in writing by the CITY. The starting date given at time of
notification will be the beginning of the 7 working days. Installation of an individual shelter,
including all shelter amenities, except electrical connections, shall be completed within seven (7)
calendar days after work has commenced on that shelter. Electrical connections shall be
completed within fifteen (15) calendar days after work has commenced. Failure to perform as
required will result in liquidated damages being assessed by the CITY as provided below.
Construction and installation of all advertising shelters and/or benches, non -advertising
shelters and/or benches, including electrical connections, shall be completed within six (6)
months following the Effective Date. At locations where installation is temporarily deferred,
installation shall be completed within four (4) months of receiving written directions to proceed
from the Director of Public Works or his/her designee.
For each failure to satisfy the performance schedule, GRANTEE shall pay to CITY
liquidated damages ("Liquidated Damages") of one hundred dollars ($100) per failure, per day.
The failure to meet the performance schedule as to each separate shelter and/or bench shall be
deemed a separate failure subject to a separate Liquidated Damages payment.
The parties hereto agree that the amount set forth above as the "Liquidated Damages"
constitutes a reasonable approximation of the actual damages that CITY would suffer for each
failure to meet the performance schedule, considering all of the circumstances existing on the
effective date of this Agreement, including the relationship of the Liquidated Damages amour
the range of harm to CITY and accomplishment of CITY's purpose in entering into this
g jmp/agrcc%ulver/4/29/99 6
Agreement, the difficulty and impracticability of determining actual damages involving such
issues as the dollar damages per shelter or bench per day of delay and the CITY's goals in
installing new shelters and benches, and that the proof of actual damages would be costly or
inconvenient. In placing its initials at the places provided hereinbelow, each party specifically
confirms the accuracy of the statements made above and the fact that each party has been
represented by counsel who has explained the consequences of the Liquidated Damages
provision at or prior to the time each executed this Agreement.
GRANTEE'S INITIALS C Y'S INITIALS
04
10. FORCE MAJEURE
The time within which the GRANTEE is obligated to commence and to complete.
construction of shelters and benches shall be extended for a period of time equal in duration to,
and performance shall be excused on account of and for, and during the period of, any delay
caused by strikes, threat of strikes, lockouts, war, threats of war, insurrection, invasion, acts of
God, calamities, violent action of the elements, fire, delays in electrical service provider permit
issuance, action or adoption of any regulation, law or ordinance by any governmental agency,
precluding GRANTEE'S performance.
11. SHELTER/BENCH MAINTENANCE AND REPAIR
At all times during the term of this Agreement, GRANTEE shall, at its sole expense,
maintain all shelters and/or benches, in a neat, attractive, safe, and sanitary manner in accordance
to the satisfaction of the CITY'S Director of Public Works or his/her designee. This includes, but
is not limited to removal of litter, graffiti, and debris; cleaning of all visible surfaces, and emptying
trash receptacles. GRANTEE shall report all maintenance activities in the CITY each quarter.
A. GRANTEE shall maintain all shelters, benches, and amenities pursuant to the terms and
conditions set forth in Exhibit `B". GRANTEE shall also keep the pad and an area within fifteen
feet (15') of the shelter or bus bench clean and litter free at all times, including curb and gutter,
exclusive of street. Steam cleaning of all shelters, benches, and all furniture will be provided on an
"as -needed" basis. No routine maintenance shall be performed during peak hours for 7:00 a.m. to
9:00 am., or 4:00 p.m. to 6:00 p.m.
B. GRANTEE shall, at its own expense, replace or repair any and all damaged, defaced or
worn out shelters, benches, or individual parts thereof to "like new" condition no later than twenty-
four hours after discovery by GRANTEE, or notification of such damage or defacement is received
by telephone. If the condition of the shelter or bench represents a danger, the GRANTEE shall
respond immediately (no later than within 4 hours of notification). GRANTEE shall maintain and
furnish a twenty-four hour emergency telephone number. When damage requires emergency
removal of an entire shelter, or bench, in order to leave the site in safe condition, the removed
fixtures shall be replaced and made fully operational within five (5) working days.
g:jmp/agree/culver/4/29/99
C. In the event GRANTEE fails to correct, repair, replace, or remove a shelter or bench
as required by this Agreement, CITY may, at its sole discretion, cause the correction, repair,
replace, or removal of the shelter or bench. Any costs incurred by CITY shall be paid directly to
CITY by GRANTEE within ten (10) days following receipt by GRANTEE of CITY'S invoice.
Costs not paid within this time period will be deducted from the security deposit as set forth in
Section 6. The security deposit shall be repaid within 30 days. If payment is not received by the
due date a late charge of 1.5% per month, compounded monthly, will be added. If payment is not
received within 30 days of the due date the GRANTEE will be in default and the Agreement may
be terminated immediately.
12. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side "
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER', or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products.
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions in ,
9 l� y
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but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone, thereafter said telephonic notice
shall be confirmed in writing by U.S. Mail and facsimile.
13. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY fifteen advertising panels for three (3)
four -week segments each year for ten (10) years and, in cooperation with the CITY, design, print,
install and remove fifteen (15) four color posters, three times a year, for ten (10) years at no cost to
the CITY. CITY shall use color posters and advertising to promote the City of Huntington Beach
interests.
B. Unsold shelter ad panels shall be used by the CITY for public service announcements.
For purposes of this section only, "unsold ad panels" excluded advertising required by contractual
obligations with advertisers (e.g. "bonus" or "override" panels).
C. GRANTEE shall arrange for service and installation of the public service
announcements including promotions of transportation related programs as defined by the Public
Information Officer or his/her designee. Public service announcements may be preprinted ad sheets
from organizations, such as DARE, NEIGHBORHOOD WATCH, MADD, CONFERENCE AND
VISITOR BUREAU, ETC. or on special occasions, the CITY shall provide camera ready copy
only. Public Service Announcements shall be held to the same standards required of commercial
advertising.
D. GRANTEE shall make available to the CITY one hundred (100) advertising panels a
year outside of the CITY, for three (3) four -week segments each year for ten (10) years at locations
mutually agreed upon between the parties and, in cooperation with CITY, design, print, install and
remove one hundred (100) four color posters. for ten (10) years at no cost to the CITY. The
advertising shall run for four weeks.
14. SITE RELOCATION
The CITY will have the right to require the GRANTEE to relocate shelters and/or benches,
at its sole expense, for the convenience of pedestrians and bus patrons, or because of a change in
bus stop locations, or street widening/construction. The GRANTEE shall not relocate or remove a
bus shelter or bench without the CTTY's permission. The CITY may require, or permit a shelter or
bench to be removed or relocated if it has been demonstrated to be incapable of proper maintenance
due to excessive vandalism or any other reasonable cause. "Excessive vandalism" is defined as
damage inflicted to an individual shelter during any consecutive six (6) month period, which
t
10 4sotRh
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requires cumulative expenditures for replacement and repair that exceed the original cost of
construction and installation of the shelter.
In the event that a bus route is altered or deleted such that a bus shelter or bench will no
longer serve an active bus stop, GRANTEE shall, within thirty (30) days after notification, remove
the shelter and/or bench completely or relocate the bus shelter or bench to a new location
designated by the CITY. The vacated location shall be restored to its original condition within that
same time period.
15. ADDITIONAL SHELTERS AND/OR BENCHES
GRANTEE shall provide CITY with the following shelters and/or benches without
advertising at locations as identified by the Director of Public Works:
A. the difference between three hundred shelters and the number of advertising
shelters installed by GRANTEE; and
B. the difference between five hundred benches and the number of advertising
benches installed by GRANTEE.
If at any time during the Term, GRANTEE and CITY agree to add bus shelters and/or bus
benches without advertising to the number of shelters and/or benches initially authorized, at
CITY'S sole discretion, CITY shall reimburse GRANTEE for cost of services for additional
shelters and/or benches without advertising based on the values as shown below.
$4,500 each for addition of a single non -advertising shelter.
$ 500 each for addition of a single non -advertising bench.
$4,500 each for addition of a group of 1-10 non -advertising shelters.
$ 450 each for addition of a group of 1-10 non -advertising benches.
$4,250 each for addition of a group of 11-20 non -advertising shelters.
$ 425 each for addition of a group of 11-20 non -advertising benches.
$4,150 each for addition of a group of 21-30 non -advertising shelter.
$ 415 each for addition of group of 21-30 non -advertising benches.
$4,000 each for addition of a group of 31-40 non -advertising shelters.
$ 400 each for addition of a group of 31-40 non -advertising benches.
$4,000 each for addition of a group of 41-50 non -advertising shelters.
$ 400 each for addition of a group of 41-50 non -advertising benches.
$4,000 each for addition of a group of 51-60 non -advertising shelters.
$ 400 each for addition of a group of 51-60 non -advertising benches.
$4,000 each for addition of a group of 61-75 non -advertising shelters.
$ 400 each for addition of a group of 61-75 non -advertising benches.
$4,000 each for addition of a group of 76-100 non -advertising shelters.
$ 400 each for addition of a group of 76-100 non -advertising benches.
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16. METHOD OF PAYMENT
Upon free and clear access to the public right-of-way GRANTEE shall pay in advance,
the annual payment for the first full year of service. Thereafter, GRANTEE shall pay quarterly,
in advance, on the first day of the quarter, the contract Guaranteed Minimum Payment. If
payment is not received by the due date a late charge of 1.5% per month, compounded monthly,
will be added. Payments shall be made to the City Treasurer, P.O. Box 711, Huntington Beach,
CA 92648.
Within sixty (60) days of the end of each contract year GRANTEE shall deliver to CITY
a Statement of Accounts for the preceding contract. year, showing all shelter and/or bench
locations, the advertiser or advertisers at each advertising shelter and/or bench during the
preceding contract year, the gross advertising revenues received for each advertising panel at
each advertising shelter and/or bench, and the applicable Percentage Revenue for that year. The
Statement of Accounts shall be prepared or approved by a certified public accountant according
to customary accounting practices and shall be accompanied by a certificate of an authorized
officer of GRANTEE attesting to the truth and accuracy of the information relied upon by the
accountant, according to the certifying officer's best knowledge.
In the event that Percentage Revenue for a particular contract year exceeds the
Guaranteed Minimum Payment received by CITY for that contract year, GRANTEE shall pay the
difference to the CITY at the time of filing the Statement of Accounts.
17. ACCESS TO RECORDS
The CITY and its authorized agents shall be granted reasonable access during
GRANTEE'S normal business hours to all of GRANTEE'S books, documents, paper, and
records that relate to this Agreement.
18. MORTGAGES
Any mortgage or lien against the shelters and/or benches shall be subordinate to all
franchise rights of the CITY.
19. INTEREST OF GRANTEE
The GRANTEE covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly, that would conflict in any manner or degree with the performance
of the services contemplated by this Agreement. No person having such an interest shall be
employed by or associated with the GRANTEE.
By accepting this Agreement, GRANTEE acknowledges that notice is and was hereby
given to GRANTEE pursuant to California Revenue and Taxation Code Section 107.6 that use or
occupancy of any public property pursuant to the authorization herein set forth may create a
possessory interest which may be subject to the payment of property taxes levied upon such
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interest. GRANTEE shall be solely liable for, and shall pay and discharge prior to delinquency,
any and all possessory interest taxes or other taxes levied against GRANTEE's right to
possession, occupancy or use of any public property pursuant to any right of possession,
occupancy or use created by this Agreement. GRANTEE shall not be barred from challenging
any amounts assessed pursuant thereto.
20. CONTRACT TERMINATION
Notwithstanding any other provision in this Agreement, and in addition to other methods
of termination available under the laws of the State of California, GRANTEE's failure to comply
with any of its obligations or responsibilities pursuant to this Agreement shall constitute a
material default. If GRANTEE fails to commence and completely cure any default within thirty
(30) days following written notice from CITY, CITY may immediately terminate this Agreement.
Any unpaid monies owed to the CITY shall be paid out of the security funds first, then the CITY
shall have the right to sell shelters and/or benches.
Upon termination of this Agreement CITY shall have the right, but not the obligation, to
purchase from GRANTEE any or all of the shelters and/or benches covered by this Agreement.
The price to be paid shall be the value remaining in each unit (including all appurtenances) at the
time of termination. For the purpose of this Agreement, "value remaining" shall mean the
original value of the unit at its installation (which is determined by this Agreement to be an
amount equal to Six Thousand Five Hundred Dollars ($6,500) for each shelter with advertising
including related furniture, Five Thousand Five Hundred Dollars ($5,500) for each shelter
without advertising including related furniture, and One Thousand Dollars ($1,000) for each
bench including related furniture) minus one tenth (1/10) of the value per year for each full year
or portion thereof after installation.
In the event that CITY decides not to purchase one or more units on termination of this
Agreement, GRANTEE shall remove the unit and return the sites to original condition or better,
at GRANTEE's sole expense. GRANTEE shall obtain the appropriater permits and complete the
removal of all designated units and restoration of the affected sites within ninety (90) days
following CITY'S written election not to acquire the designated shelters. Any shelter, bench, or
other furniture not removed within the specified ninety (90) day period shall be declared
abandoned, in which case CITY shall obtain ownership by default, or at its election, remove the
abandoned shelter, bench or furniture and charge GRANTEE for all costs of removal, with such
costs being secured by the letter of credit defined in Section VII, SECURITY FOR
PERFORMANCE.
21. LAWS AND REGULATIONS
The GRANTEE shall keep fully informed of State and Federal laws and County and
Municipal ordinances and regulations that in any manner affect those employed by or in any way
affect the performance of services pursuant to this Agreement. The GRANTEE shall at all times
observe and comply with all such laws, ordinances and regulations. Furthermore, each and every
g:jmp/agedculver/4/29/99 13
provision required by law to be inserted into this Agreement shall be deemed to be inserted, and
this Agreement shall be read and enforced as though they were included.
22. HOLD HARMLESS
GRANTEE shall protect, defend, indemnify and hold harmless CITY, its officers,
officials, employees and agents from and against any and all liability, loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out of or
in connection with GR.ANTEE's performance of its services under this Agreement, or its failure
to comply with any of its obligations contained in this Agreement by GRANTEE, its officers,.
agents or employee, except such loss or damage which was caused by the sole negligence or
willful misconduct of the CITY.
23. INSURANCE.
GRANTEE, at its sole cost and expense, for the full term of the Agreement (and any
extension thereof); shall obtain and maintain at minimum all of the following insurance
coverage:
A. Types of Insurance and Minimum Limits. The coverage required herein may be
satisfied by any combination of specific liability and excess liability policies.
1. Pursuant to California Labor Code section 1861, GRANTEE
acknowledges awareness of section 3700 et seq. of said Code; which requires
every employer to be insured against liability for workers compensation;
GRANTEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
GRANTEE shall maintain workers compensation insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident,
each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily
injury by disease, policy limit.
GRANTEE shall require all subcontractors to provide such workers compensation
insurance for all of the subcontractors' employees. GRANTEE shall furnish to
CITY a certificate of waiver of subrogation under the terms of the workers
compensation insurance and GRANTEE shall similarly require all subcontractors
to waive subrogation.
2. GRANTEE shall obtain and furnish to CITY, a policy of general public
liability insurance, including motor vehicle coverage. Said policy shall indemnify
GRANTEE, its officers, agents and employees, while acting within the scope of
their duties, against any and all claims of arising out of or in connection with this
Agreement, and shall provide coverage in not less than the following amount:
14
87 agree/culved4/29/99 �l'�OIO
combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than
$1,000,000. Said. policy shall name CITY, its officers, and employees as
Additional Insureds, and shall specifically provide that any other insurance
coverage which may be applicable to the Agreement shall be deemed excess
coverage and that GRANTEE'S insurance shall be primary.
24. CERTIFICATES OF INSURANCE
Prior to commencing performance of the work hereunder, GRANTEE shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
a. provide the name and policy number of each carrier and policy;
b. shall state that the policy is currently in force; and
C. shall promise that such policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty days prior
written notice; however, ten days prior written notice in the event of cancellation
for nonpayment of premium.
GRANTEE shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by GRANTEE under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. GRANTEE shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required. If for any reason GRANTEE fails to
obtain or keep any of such insurance in force, CITY may, but shall not be required to,
obtain such insurance, in which event GRANTEE shall promptly reimburse the CITY
premium cost therefor plus one and one-half percent (1 %%) monthly interest thereon
until paid.
25. OWNERSHIP
Prior to commencing performance under this Agreement, GRANTEE shall provide the
CITY with a written statement, executed under penalty of perjury, containing the following
information:
A. If the GRANTEE is a corporation, the name of the corporation shall be set forth
exactly as shown in its Articles of Incorporation or Charter together with the State and
date of incorporation and the names and residence addresses of each of its current officers
15
g jmp/agree%ulvcr/4/29/99
and directors, and of each stockholder holding more than five percent (5%) of the stock of
that corporation.
B. If the GRANTEE is a partnership, the statement shall set forth the name and
residence of each of the partners, including limited partners. If GRANTEE is a limited
partnership it shall furnish a copy of its certificate of limited partnership as filed with the
County Clerk. If one or more of the partners is a corporation, the provisions of Subsection
A, above, pertaining to corporate GRANTEE shall apply.
C. If the GRANTEE is a corporation, or partnership, GRANTEE shall designate one
of its officers or general partners to act as its responsible managing employee. Prior to
the Effective Date GRANTEE shall deliver to CITY proof of the designation of the
responsible managing employee pursuant to appropriate authority. - The responsible
managing employee shall complete and sign all the statements required by this
Agreement.
D. If the GRANTEE is not a corporation or a partnership, the statement shall set
forth the name and residence address of each and every owner possessing more than five
percent (5%) ownership interest, regardless of whether such ownership interest consists
of stock or any other asset, tangible or intangible.
26. NOTICES
Any notice required to be given herein shall be in writing and shall be personally served
or given by mail. Notice by personal service shall be effective upon delivery. Any notice by
mail shall be deemed to have been given when deposited in the United States mails, certified and
postage prepaid, addressed to the party to be served, as follows:
To: CITY
TO GRANTEE:
Director of Public Works Christopher J. Culver
City of Huntington Beach Culver Amherst, LLC
2000 Main Street 141 Fifth Avenue, 11th Floor
Huntington Beach, CA 92648-2702 New York, NY 10010
27. ASSIGNMENT, SUBCONTRACTS
The GRANTEE shall not subcontract, assign, sell, encumber or otherwise transfer its
rights and obligations under this Agreement without the prior written consent of the CITY.
Approval shall not be unreasonably withheld. Any attempted transfer without the CITY'S prior
written consent shall be void and shall, at the option of the CITY, terminate this Agreement.
�r""
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28. AMENDMENT: WAIVER
This Agreement shall not be amended except by a written instrument signed by the
parties. No failure or delay of either party in the exercise of any right given to that party pursuant
to this Agreement or given to that party by operation of law shall constitute a waiver of that right,
nor shall any single or partial exercise of that right preclude any other further exercise of that
right or of any other right. No waiver shall be effective unless the waiver is executed in writing
and delivered to the other party in compliance with the notice provisions of this Agreement.
29. INDEPENDENT CONTRACTOR
GRANTEE shall perform all services required herein as an independent contractor of
CITY and shall remain at all times as to CITY a wholly independent contractor and not an
employee of CITY. CITY shall not in any way or for any purpose become or be deemed to be a
partner of GRANTEE in its business or otherwise, or a joint venturer, or a member of any joint
enterprise with GRANTEE.
30. LEGAL ACTIONS
The Municipal and Superior Courts of the State of California in the County of Orange
shall have the exclusive jurisdiction of any litigation between the parties arising out of this
Agreement. This Agreement shall be governed by, and construed under, the laws of the State of
California. The rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party. Service of process on CITY shall be made in the manner required by law for service
on a public entity. Service of process on GRANTEE shall be made in any manner permitted by
law and shall be effective whether served within or outside of California.
31. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer, official, employee, agent, representative, or volunteer of the CTTY shall be
personally liable to the GRANTEE, or any successor in interest, in the event of any default or
breach by the CITY, or for any amount which may become due to GRANTEE or its successor, or
for breach of any obligation of the terms of this Agreement.
32. INTERPRETATION, SEVERABILITY
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply. The Section
headings are for purposes of convenience only, and shall not be construed to limit or extend the
meaning of this Agreement. Each provision of this Agreement shall be severable from the
whole. If any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
17
gjmp/aUce/cu1ved4/29/99
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4f-66ki
33. EXTENT OF AGREEMENT
This document represents the entire integrated Agreement between the CITY and
GRANTEE. All prior negotiations, representations, or agreements, either written or oral, are
merged into and superseded by this Agreement. GRANTEE and CITY expressly agree that no
additional terms or conditions exist that affect this Agreement and that are not contained in this
Agreement.
34. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party shall bear its own attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be°executed
by and through their authorized offices the day, month and year first above written.
CULVER AMHERST, L.L.C.
By:
_ 01 0j,
Christo er J. Culver, President
pnnt name ITS: (circle one) Secretary -ef Financia
O ice Asst. Secretary -Treasurer
Ci Administrator
g:jmp/agree/cu1ver/4/29/99
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
� w4e-'
City Clerk .5" J7 `7 I
APPROVED AS TO FORM:
City Attorney
INIT�4TED AND APPBj9YED: I 1
W-1
Director of Public Works
AMENDMENT NO. 1 TO FRANCHISE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND CULVER AMHERST, L.L.C. FOR
TRANSIT ADVERTISING SERVICES
THIS AMENDMENT NO. 1 ("Amendment") is made and entered into as of the
_94t' day of 5o ( ,� , 2003, by and between the City of Huntington Beach,
a municipal corporation h reinafter referred to as "CITY" and CULVER AMHERST,
L.L.C., a New York limited liability corporation, (hereinafter referred to as "GRANTEE").
WHEREAS, CITY and GRANTEE are parties to that certain agreement, dated May
3, 1999, entitled "Franchise Agreement Between the City Of Huntington Beach and Culver
Amherst, L.L.C. for Transit Advertising Services" which agreement shall hereinafter be
referred to as the "Original Agreement," and
Pursuant to Section 28 of the Original Agreement, the Original Agreement may be
amended by mutual written agreement of the parties; and
Since the execution of the Original Agreement, CITY and GRANTEE wish to enter
into an amended agreement,
NOW, THEREFORE, it is agreed by CITY and GRANTEE as follows:
Section 3 Term of Agreement is hereby amended to read as follows:
TERM OF AGREEMENT
This Agreement shall commence on the 3rd day of May, 1999, (the "Effective
Date") and shall continue in effect for a period often (10) years (the "Term").
The Term shall expire on the. 3rd_ day_ of_ May, 2009, unless this Agreement is
terminated earlier, pursuant to the provisions of this Agreement, or otherwise
according to law.
2. Section 4. Compensation to City is hereby amended to read:
4. COMPENSATION TO CITY.
For each year during the term of this Agreement, GRANTEE agrees to pay to
CITY a guaranteed minimum payment ("Guaranteed Minimum Payment") for
a minimum of one hundred seventy (170) shelters and three hundred (300)
benches and fifty percent (50%) of the gross advertising revenues received
from advertising shelters and/or benches within the CITY for all such revenue
in excess of two (2) times the Guaranteed Minimum Payment. The
Guaranteed Minimum Payment per shelter is $125 per month and per bench
is $12.50, per month for each year of this Agreement.
03agree/culver amend#1/6/16/03
For example:
If in a given year the Guaranteed Minimum Payment is $300,000, and
revenue from advertising shelters and/or benches is $700,000, the
compensation to the CITY would be calculated as: $300,000 + 50%($700,000
- $600,000) _ $350,000.
If in a given year the Guaranteed Minimum Payment is $300,000 and the
revenue from advertising shelters and/or benches is $600,000, the
compensation to CITY would be calculated as $300,000 + 50%($600,000 -
$600,000) _ $ 300,000.
If in a given year the Guaranteed Minimum Payment is $300,000 and the
revenue from advertising shelters and/or benches is $500,000, then the total
compensation to CITY would be $300,000, since the difference between total
revenues ($500,000) and 2($300,000) is less than zero.
If at any time during the Term, GRANTEE and CITY agree to add additional
shelters and/or benches with advertising to the number of shelters/benches
beyond the 170 and 300 permitted at the time of execution of the
Amendment, the Guaranteed Minimum Payment shall be increased on a
revenue per shelter and/or bench per month basis based on the per structure
compensation schedule set forth above. If there is any increase in shelters
and/or benches the performance bond shall be increased by the agreed upon
amount. Any decrease in shelters and/or benches shall not decrease the
performance bond amount.
3. Section 6, Transit Services Standards is hereby amended to read:
6. Transit Services Standards
Section F. is added to read:
F. GRANTEE shall not install more than two benches at any location without
obtaining the written approval of the Director of Public Works or his/her
designee. Any request pursuant to this Section must include a justification for
the additional benches based on ridership needs.
4. Section 8, Security for Performance is hereby amended to read:
8. SECURITY FOR PERFORMANCE.
Section 8.b is amended by deleting the first sentence and replacing it with the
following: "b. Surety Bond. As an alternative to establishing a Letter of
Credit, the GRANTEE may obtain a surety bond acceptable to the CITY to
guarantee the sum of five hundred dollars ($500) per shelter. Evidence of the
03agree/culver amend#1/6/16/03 2
follows:
applicable surety bond in a form acceptable to the City Attorney must be
submitted on an annual basis."
Section 9, Performance Schedule; Liquidated Damages is hereby amended as
9. PERFORMANCE SCHEDULE; LIQUIDATED DAMAGES.
The first two full paragraphs of Section 9 are deleted in their entirety.
The third full paragraph is amended to read as follows: "Construction and
installation of all shelters and/or benches, including electrical connections, for
which CITY has issued a permit shall be completed within six (6) months
following the date of issuance of such permit. At any location where
installation is temporarily deferred by request of CITY, installation shall be
completed within the later to occur of six (6) months following the issuance
of a permit for such location, or four (4) months of GRANTEE's receipt of
written directions to proceed from the Director of Public Works or his/her
designee."
The fourth full paragraph is amended to read as follows: "For each failure to
satisfy the performance schedule that is caused solely by GRANTEE'S
unexcused delay, GRANTEE shall pay to CITY liquidated damages
("Liquidated Damages") of one hundred dollars ($100) per failure, per day.
The failure to meet the performance schedule as to each separate shelter
and/or bench shall be deemed a separate failure subject to a separate
Liquidated Damages payment.
The final paragraph of Section 9 shall remain unchanged as set forth in the
Original Agreement.
6. Section 11, Shelter/Bench Maintenance and Repair, is hereby amended as
follows:
11. SHELTER/BENCH MAINTENANCE REPAIR
The third sentence of paragraph I LC is amended by deleting the reference to
"Section 6" and replacing it with "Section 8."
7. Section 15, Additional Shelters and/or Benches, is hereby amended as
follows:
15. ADDITIONAL SHELTERS AND/OR BENCHES.
The entire first paragraph prior to the list of values is deleted and replaced
with the following:
03agree/cuiver amend#1/6/16/03 3
"GRANTEE shall provide CITY with shelters and/or benches without
advertising at locations as identified by the Director of Public Works, subject
to the following limitations:
A. GRANTEE shall provide a non -advertising shelter at any
location requested by the Director of Public Works provided that GRANTEE
has not requested a permit for an eligible advertising shelter at such location,
and further provided that the total number of non -advertising shelters
requested by the Director of Public Works, including such shelter, when
added to the number of advertising shelters for which GRANTEE has
requested permits, does not exceed three hundred shelters; and
B. GRANTEE shall provide a non -advertising bench at any
location requested by the Director of Public Works provided that GRANTEE
has not requested a permit for an eligible advertising bench at such location,
and further provided that the total number of non -advertising benches
requested by the Director of Public Works, including such bench, when added
to the number of eligible advertising benches for which GRANTEE has
requested permits, does not exceed five hundred benches.
CITY shall pay GRANTEE for each non -advertising shelter and/or
bench based on the values as shown below..."
8. Section 20, Contract Termination, is hereby amended as follows:
20. CONTRACT TERMINATION.
The last sentence of the first paragraph is amended to read as follows: "Any
monies due to CITY and unpaid as of the date of termination shall be paid out
of the security funds first, and CITY shall have the right to sell shelters and/or
benches to the extent that the security is insufficient to cover such amounts.
If CITY terminates the agreement, GRANTEE shall have no further
obligation or liability with respect to payments that otherwise would have
come due after the termination date
9. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect. The parties acknowledge and agree that there are
no existing or continuing defaults under Sections 8, 9, and 15 of the Original Agreement as of the
date of this Amendment and that both parties shall from and after the date hereof be estopped
03agree/culver amend#1/6/I6/03 4
from raising any such alleged default under Sections 8, 9, and 15 of the Original
Agreement occurring prior to the date hereof in any dispute that may arise with respect to
Sections 8, 9, and 15 of the Original Agreement, as amended hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their authorized offices the day, month and year first above
written.
CULVER AMHERST, L.L.C.
By: Ag1'S40kq4 J . Gi,L
print name
ITS: (circle one) Chairrmn/President/Vice President
By:
pri ame
TS: (circle one) Secretary/Chief Financial
KTS
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Ad6imstrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
ATTEST:
City Clerk ? 10lo3
APPROVED AS TO FORM:
Ci y Attorney
.TE AND APPI
of Public Works
03agree/culver amend/6/16/03643/03
INITIATING DEPARTMENT:
Public Works
SUBJECT:
Bus Shelter Franchise Agreement Amendment
COUNCIL MEETING DATE:
September 8, 2009
RCA ATTAC H M ENTS
x _ .
STATUS
_
c
Ordinance (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable)
Attached
❑
Not Applicable
Tract Map, Location Map and/or other Exhibits
Attached
❑
Not Applicable
Contract/Agreement (w/exhibits if applicable)
Attached
(Signed in full by the City Attorney)
Not Applicable
❑
Subleases, Third Party Agreements, etc.
Attached
❑
(Approved as to form by City Attome)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000)
Attached
❑
Not Applicable
Bonds (If applicable)
Attached
❑
Not Applicable
Staff Report (If applicable)
Attached
❑
Not Applicable
Commission, Board or Committee Report (If applicable)
Attached
❑
Not Applicable
Findings/Conditions for Approval and/or Denial
Attached
❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED
RETURNED
FOR
DE®
Administrative Staff "�'"' TU09
)
Deputy City Administrator (Initial),o,,= � ;; ,�a
City Administrator (Initial)____. _.
)
City Clerk
EXPLANATION"FOR RETURN OF._ITEM:„
RCA Author: R. Stachelski
W-A CLEARCHANNEL
August 27, 2009
City of Huntington Beach
Attn: City Treasurer
2000 Main Street
Huntington Beach, CA 92648
Dear Sirs:
RECEIVE®
AUG 3 1 1R19
CITY TREASURER'S DEPT.
Attached please find Annual Performance Bond #0141129 for bus shelters in the City of
Huntington Beach, required under the terms of our agreement. This bond is for the term
beginning August 11, 2009 and ending August 11, 2010.
If you have any questions, please call me at 310, 755-7212.
Sincerely,
CLEAR CHANNEL OUTDOOR, INC.
Anne Riney
Public Affairs
AR/Encl.
CLEARCHANNEL
19320 Harborgate Way o Torrance, CA 90501 - Tel. 310.755.7200 ,, Fax 310.755.7300 - www.clearchanneloutdoor.com
I nls bond replaces and supercedes bond number LNM88Zt314S Issued by Fidelity and Deposit Company of Maryland effective
BERKLEY
SURETY
GROUP, INC. 1/7/2008.
bACADIA INSURANCE COMPANY -BERKLEY MID -ATLANTIC GROUP -BERKLEY REGIONAL INSURANCE COMPANY
CAROLINA CASUALTY INSURANCE COMPANY -CONTINENTAL WESTERN GROUP -UNION STANDARD INSURANCE GROUP
Bond #0141129
ANNUAL PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: THAT Clear Channel Outdoor, Inc. 19320 Harborgate Way, Torrance CA 90501
(hereinafter called the Principal), and BERKLEY REGIONAL INSURANCE COMPANY, Florham Park, NJ 07932 (hereinafter
called the Surety), are held and firmly bound unto City of Huntington Beach (hereinafter called the Obligee), in the
full and just penal sum of Eighty Four Thousand & 00/100------------------------ ($84,000.00) dollars to the payment of which
sum, well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, administrators, executors,
and assigns, jointly and severally, firmly by these presents.
WHEREAS, the above bounden Principal has entered into a certain written contract with the above mentioned Obligee for
Transit Advertising Franchise Agreement which contract is hereby referred to and
made a part hereof as fully and to the same extent as if copied at length herein with annual renewal at Surety's discretion: and
NOW, THEREFORE, THE CONDITIONS OF THE ABOVE OBLIGATION IS SUCH, that if the above bounden Principal shall
well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and
specified to be by the said Principal kept, done and performed, at the time and in the manner in said contract specified during the
term of this bond, and shall pay over, and make good and reimburse to the above named Obligee, all loss and damage which said
Obligee may sustain by reason of failure or default on the part of Principal, then this obligation shall be void, otherwise, to be and
remain in full force and effect.
PROVIDED, however, that this bond is subject to the following conditions and provisions:
1. This bond is for the term beginning August 11, 2009 and ending August 11, 2010,
2. In the event of a default by the Principal in the performance of the contract during the term of this bond, the Surety shall be
liable only for the loss to the Obligee due to actual excess costs of the contract up to the termination of this bond. The
Surety, after investigation, shall with reasonable promptness determine the amount for which it may be liable to the Owner
as soon as practicable after the amount is determined, tender payment therefore to the Owner, or find an acceptable principal
to complete the contract. This bond does not provide coverage to any indirect loss or costs incurred by the Obligee
including, but not limited to legal fees, court costs, expert fees or interest.
3. No claim, action, suit or proceeding, except as hereinafter set forth, shall be had or maintained against the Surety on this
instrument unless same be brought or instituted and process served upon the Surety within six months after the expiration of
the stated term of this bond.
4. Neither non -renewal by the Surety, nor failure, nor inability of the Principal to file a replacement bond shall constitute loss
to the Obligee recoverable under this bond, not withstanding any language in the contract to the contrary.
5. The bond may be extended for an additional year at the option of the Surety, by Continuation Certificate executed by the
Surety.
6. This bond shall not be cumulative. Under no circumstances shall the Surety's liability exceed the penal sum stated herein.
7. No right of action shall accrue on this bond to or for the use of any person, entity or corporation other than the Obligee
named herein and this bond cannot be assigned to any other parry without the written consent of the Surety.
Signed and sealed this 11th day of August , 2009 .
Clear Channel Outdoor, Inc.
BERKLEY REGIONAL INSURANCE COMPANY
Principal Surety
By: By: J�
a e anN Title Attorney -in -Fact, U. Theresa Gardner
Layne Lawson, Director of Public Affairs
RQ(: ANTTT ➢FT7F T1nXTT1 Qfn4 d Rn L-1 !'....,,._. ➢ 1 of t
No. 7870a
POWER OF ATTORNEY
BERKLEY REGIONAL INSURANCE COMPANY
WILMINGTON, DELAWARE
NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully.
KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a
corporation duly organized and existing under the laws of the State of Delaware, having its principal office in Urbandale, Iowa,
has made, constituted and appointed, and does by these presents make, constitute and appoint: Wendy W. Stuckey, Lupe Tyler,
Lisa A. Ward, Michael J. Herrod, Nancy Thomas, Margaret Buboltz, James Nicholas or U. Theresa Gardner of AON Risk
Services Southwest, Inc. of Houston, TX
v
1
its true and lawful Attorney -in -Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and
=� deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation
s shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00), to the same extent as if such bonds had been duly executed and
E acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons.
This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware,
without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following
resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21, 2000:
"RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and
Jqualifying the attorney -in -fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on
behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and
o further
RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or
other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner
and to the extent therein stated; and further
RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney -in -fact named; and
further
c RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power
c tj� of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other
L E suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though
U.
manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or
persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be
such at the time when such instruments shall be issued.."
IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its
r corporate seal hereunto affixed this 9 3 day of 3� , 2009.
n Attest: f Berkley Re gt
al Insurance Company VV
(Seal) By ��' By
Ira S. Lederman Robert P. Cole
o
Senior Vice President & Secretary Senior Vice President
1 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER.
STATE OF CONNECTICUT )
il
Y COUNTY OF FAIRFIELD )
o
Sworn to before me, a Notary Public in the State of Connecticut, this day of 2009, by Robert P. Cole and Ira
y S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of
Berkley Regional Insurance Company.
E1L.EEN KIL.L,EEN 0.r
^ _ NOTART PMIUC
-�,SSMEXPIRES,NNE302012 Notary Public, State of Connecticut
myco
CERTIFICATE
Cu 3 I, the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the
z foregoing is a true, correct and complete co of the original Power of Attorney; that said Power of Attorney has not been revoked
g g � p PYY; Y
or rescinded and that the authority of the Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this
3 Power of Attorney i; attached, is in full force and effect as of this date.
Given under my hand and seal of the Company, this 11 th day of August 2009
(Seal) '46t ..... eA J Z,�
Steven Coward
AON RISK SERVICES SOUTHWEST, INC. d/b/a
AON RISK INSURANCE SERVICES SOUTHWEST, INC.
CA LICENSE #0559715
State of Texas
County of Harris
Before me, the undersigned authority, on this day personally appeared U. Theresa
Gardner known to me to be the person whose name is subscribed to the foregoing
instrument as Attorney -in -Fact for Berkley Regional Insurance Company and
acknowledged to me that she executed the same for purposes and consideration therein
expressed, and in the capacity therein stated.
Given under my hand and seal of office this 1 lth day of August, 2009
DONNA L WILLIAMS Notary Public in and for The
Notary Public State of TEXAS
STATE OF TEXAS
My Comm. EV. Aug. 24, 2014 Donna L. Williams
My commission expires:
08/24/2011
City ®f Huntington Beach
2000 Main Street a Huntington Beach, CA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
September 14, 2009
Clear Channel Outdoor
19320 Harborgate Way
Torrance, CA 90501
To Whom It May Concern:
The City Council of the City of Huntington Beach at the meeting held
September 8, 2009, approved execution of Amendment No. 2 to the Franchise
Agreement between the City of Huntington Beach and Clear Channel Outdoor, Inc. for
transit advertising services.
Enclosed is a duly executed copy of the agreement for your records.
Sincerely,
Enclosure
JF:pe
G: followup: agrmtltr/CoAging/j c
Sister Cities: Anio, Japan o Waitakere, New Zealand
(Telephone: 714-536-5227 )
RECEIVED BY:
(Name)
(Date)
CITY CLERK RECEIPT COPY
Return DUPLICATE to
City Clerk's Office
after signing/dating
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
FROM: 017-V &L
DATE: �/jA/06r
SUBJECT: Bond Acceptance
I have received the bonds for
/(Company Name)
` f%
Faithful Performance Bond No. i M rf,,� t/ �o
Labor and Material Bond No.
Monument Bond No.
Maintenance Bond No.
Guarantee and Warranty Bond No.
Re: Tract No.
CC No.
MSC No.
Approved / — ? Leo — Agenda Item No.
(Council Approval Date)
City Clerk Vault No.
#27 g:/followup/bondletter_doc
fl Fidelity and Deposit Company of Maryland
O Home Office: P.O. Box 1227, Baltimore, MD 21203-1227
Bond No. LPM8828148
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS:
CLEAR CHANNEL OUTDOOR, INC.
That 19320 Harborgate Way, Torrance, CA 90501 (hereinafter called Principal), as
Principal and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland_ with its
Home Office in the Cite of Baltimore, Maryland_ and duhv authorized and licensed to do business in the State of CA
(hereinafter called Surety), as Surety, are held and finaily bound unto CITY OF HUNTINGTON BEACH
(hereinafter called Owner), in the full and just Suill Of Eighty Four Thousand and 00/100
Dollars (S 84,000.00 _), to the payment of Much suns, well and truly to be inade, the Principal and Surety bind
themselves, their and each of their heirs, executors. administrators, successors and assigns, jointly and severally, firnily by
these presents.
WHEREAS, the Principal has entered into a certain written agreement, dated the 3rd da} of May
1999 , with the Owner for Transit Advertising Franchise Agreement
which agreement is or may be attached hereto for reference.
NOW. THEREFORE, THE CONDITION OF THIS OBLIGATION [S SUCH, That, if the Principal shall well and truly
perform and carry out the covenants_ terns and conditions of said agreement, then this obligation to be void, othenwise to
reinaiu in full force and effect.
PROVIDED_ HOWEVER. That the term of this bond shall be for the period from 1/7/2008 through
1/7/2009 and anv annual extensions of this bond shall be executed via Certificate of Continuation. The failure
of the Suretv to extend this bond at anv annual bond aunieersary shall not in itself be the basis for a claim against the bond.
Any and all clainis by the Obligee shall be reinibursed by the Surety on the basis of reasonable, actual costs incurred of
takeover by the Obligee. The Obligee_ with the acceptance of this bond acknowledges the provisions and conditions of this
bond are specifically incorporated in the Contract as an amendinent thereto and that the language of this bond shall supercede
and preempt au-\- Contract language to the contrary. Surety ❑iay cancel this bond at anv brae_ without notice or demand_ for
the failure to pay prcniiunt collateral or outer amounts due raider this bond. Regardless of the number of extensions of this
bond, the aggregate liability of the Surety is haunted to the penal aniount and shall not be cumulative_
No right of action shallaccrue on this bond to or for the use of any person. governmental entity or corporation other than
the Obligee. Anv suit under this bond Must be instituted before the expiration of'one (1') year from the first occurrence date of
an_\ event that forins the basis for the ivaterial service def.mlt uuderIN in(, the Conditions Precedent unless such litnitatious is
prohibited by the laii controlling the constriction hereof- such limitation shall be deemed to be amended so as to be equal to
file uliniiuuni period of limitations permitted by such Lm.
Signed_ sealed and dated this — 10th day of
tlY1111n►[I11IM11
\Vf1NI`'. tiS
es Nicholas
C: 2 9
March 2008
CLEAR CHANNEL OUTDOOR. INC. (Sl,'VI _.)
Nanic and Title- ,
FIDFL.ITY ,AND DF-POSH' COi IPANY OF y1l.NRYI,AND (SEAT
U. Theresa Gardner, Attorney -in -Fact
AON RISK SERVICES OF TEXAS, INC. DBA AON RISK INSURANCE SERVICES OF TEXAS,
INC.
CA LICENSE #0559715
State of Texas
County of Harris
Before me, the undersigned authority, on this day personally appeared U. Theresa
Gardner known to me to be the person whose name is subscribed to the foregoing
instrument as Attorney -in -Fact for Fidelity and Deposit Company of Maryland and
acknowledged to me that she executed the same for purposes and consideration therein
expressed, and in the capacity therein stated_
Given under my hand and seal of office this
MARGARET S BUBOLTZ
• Notary Public
•� STATE OF TEXAS
My Comm. Exp. Sept 27, 2011
1 Oth da of March, 2008
Notary ublic in and for The
State of TEXAS
Margaret S. Buboltz
My commission expires:
09/27/2011
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, corporations of the S aryiand, by PAUL C.
ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of u 13 Article VI, Section 2,
of the By -Laws of said Companies, which are set forth on the reverse d er red to be in full force
and effect on the date hereof, does hereby nominate, consti a endy W. STUCKEY,
Lupe TAMAYO, Angela M. TINDOL, Patti Y, Margaret BUBOLTZ and
U. Theresa GARDNER, all of Houst ere s, r and Attorney -in -Fact, to make, execute,
seal and deliver, for, and on ' 0 an e any and all bonds and undertakings, EXCEPT
bonds on behalf of T II t xec s, urvivors and Community Guardians. and the execution of
such bonds or unde s i h presents, shall be as binding upon said Companies, as fully and amply, to
all intents and purpoV6y een duly executed and acknowledged by the regularly elected officers of the
Company at its offrc tunore, Md., in their own proper persons. This power of attorney revokes that issued on behalf of
Michael J. HERROD, Wendy W. STUCKEY, Lupe TAMAYO, Angela M. TINDOL, Patti A. EBARB, Lisa A. WARD,
Roger SMIDDY, Margaret BUBOLTZ, U. Theresa GARDNER, dated December 5, 2003.
The said Assistant Secretary does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2, of the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 14th day of May, A.D. 2004.
ATTEST:
�t0 9(po'.1 C
SISAL0
rasa ? .,�, ��'
State of Maryland I City of Baltimore Ss..
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
T. E. Smith Assistant Secretary
J
By.
Paul C Rogers Vice President
On this 14th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid, and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
f'
Dennis R. Hayden Notary Public
My Commission Expires: February 1, 2009
POA-F 168-7369
Disclosure Statement
Commercial Business - BO
ZURICH AGENT/BROKER COMPENSATION DISCLOSURE
Dear Policyholder:
TAW
Zl➢RICH
On behalf of Zurich, we are glad you have chosen us as your insurance company. We look forward to meeting your
insurance needs and want you to understand clearly our business relationship with the agent or broker you chose to
represent your company's interests in the placement of insurance coverages.
As is the case with many insurance companies in the United States, Zurich distributes many of its insurance products
through agents or brokers. This means that your agent or broker is not employed by Zurich and, in fact, may represent
many insurance companies. Because we do not employ your agent or broker, the way they are compensated may
vary. We recommend you discuss these arrangements with your agent or broker.
Like many other insurers, when Zurich compensates your agent or broker, they may receive two types of payments.
The first type of compensation is known as "base commission," and the second is called "contingent compensation."
For an explanation of the nature and range of compensation Zurich may pay to your agent or broker in connection with
your business, please go to http://www.zurichna.com. Click on the information link located on the Agent/Broker
Compensation Disclosure section- Where appropriate, insert the Access Code provided below, and you will be able to
view this information. Alternatively, you may call (877) 347-6465 to obtain this type of information.
Thank you.
Access Code: 2016074473
U-RET-E-402-A CW (09/06)
Page I of 1
W�-A CLEARCHANNEL
OUTDOOR'
2900 DEC 22 PM 3: 55
March 11, 2008
City of Huntington Beach
Attn: Bob Stachelski
Transportation Manager
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Dear Mr. Stachelski :
Attached please find the Performance Bond #LPM8828148 for bus shelters in the City of
Huntington Beach. This bond is effective through January 7, 2009.
If you have any questions, please call me at 310, 755-7212.
Sincerely,
CLEAR CHANNEL OUTDOOR, INC.
t
iney
Public Affairs
AR/Encl.
;lu
CI,—(:h-„ ,-Outdoor
19520 Hurbor2aic IN-. -Torrance_ CA 1)0i01 w���cclearchanneloutd oo r_tt�m
W CLEARCHANNEL
OUTDOOR
ad 4
2008 DEC 22 Fri 3* 55
l�tJ".I 3 i
March 11, 2008
City of Huntington Beach
Attn: Bob Stachelski
Transportation Manager
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Dear Mr. Stachelski :
Attached please find the Performance Bond #LPM8828148 for bus shelters in the City of
Huntington Beach. This bond is effective through January 7, 2009.
If you have any questions, please call me at 310, 755-7212.
Sincerely,
CLEAR CHANNEL OUTDOOR, INC.
tR ineyy
Public Affairs
AR/Encl.
ClcarChaoncl Outdoor
19320 Harhorgate Way", Torrance, CA 90501 ,. w�-%v.clearchanneloutdoor.com
%» , Z0T9 �
_ I
755 -;0u'
g ot
Council/Agency Meeting Held: `7 '% —03
Deferred/Continued to:
��� L&4=
Approved ❑ Conditionally Approved ❑ Denied
City Clerk's Signatur
Council Meeting Date: July 7, 2003
Department ID Number: CA 03-24
CITY OF HUNTINGTgUEACH
REQUEST FORAACTB N
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, CITY ADMINISTRATORa-oy
PREPARED BY: JENNIFER MCGRATF�', CITY ATTORNEY
ROBERT F. BEARDSLEY, DIRECTOR OF PUBLIC WOR - S
SUBJECT: APPROVAL TO AMEND THE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND CULVER AMHERST, L.L.C.
Fstatement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Staff is recommending the City amend the existing Agreement
between the city of Huntington Beach and Culver Amherst, L.L.C.
Funding Source: Not applicable
Recommended Action: Authorize the Mayor and City Clerk to execute Amendment No. 1
to the Agreement Between the city of Huntington Beach and Culver Amherst, L.L.C.
Alternative Action(s): Do not execute the agreement.
Analysis: The City Attorney's Office has concluded negotiations with Culver Amherst,
L.L.C. regarding an amendment to the existing agreement. This amendment resolves the
current dispute between the parties. Attached hereto are copies of a check in the amount of
$300,000.00_and_the_r_equisite;PerFo,rmance Bond. Upon execution of the Amendment b_ythe
Mayor and City_Clerk, both the original check and Ferformance_Bond_will be_submitted.to..the
City Payment of $300,000.00 will bring the contract payments current through August 24,
2003.
The key elements of the amendment include:
The term of the agreement has been defined as ten years without the
potential for renewal. This enables the City to request proposals for new
vendors in 2009.
2. Consistent with City Council direction, the terms of compensation have been
modified: _��5
REQUEST FOR ACTION
MEETING DATE: July 7, 2003 DEPARTMENT ID NUMBER: CA 03-24
• To reduce the guaranteed minimum payment by 50% to $300,000;
and,
• To increase the potential income to 50% of the gross advertising
revenues should the revenues exceed $600,000.
3. In addition, the following minor revisions have been made to clarify the
relationship of the parties:
• The Director of Public Works must approve the installation of more
than two benches at any single location.
• The requisite surety bond must be submitted on an annual basis.
• Sections 8, 9, 11, and 15, have been revised as the initial phase of the
installation of shelters and benches has been completed.
4. The amendment specifically recognizes resolution of pending disputes related
to Sections 8, 9, and 15 of the original Agreement only, thereby preserving
the City's rights to pursue other concerns, such as maintenance.
Attachrnent(s):
I 1 I Amendment No. 1 to Agreement between the City of Huntington Beach
I and Culver Amherst, L.L.C.
j 2 Copy of Check #112182 made out to City of Huntington Beach for
$300,000.00
3 Copy of Performance Bond from Westchester Fire Insurance Company
for $80,000.00
RCA Author: JMP
G:\RCA\2003\03 culver-amhurst.doc -2- 6/16/2003 2:31 PM
ATTACHMENT #1,
AMENDMENT NO. 1 TO FRANCHISE AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND CULVER AMHERST, L.L.C. FOR
TRANSIT ADVERTISING SERVICES
THIS AMENDMENT NO. 1 ("Amendment") is made and entered into as of the
day of 7Yo , 2003, by and between the City or Huntington Beach,
a municipal corporation h reinafter referred to as "CITY" and CULVE AMHERST,
L.L.C., a New York limited liability corporation, (hereinafter referred to as "GRANTEE").
WHEREAS, CITY and GRANTEE are parties to that certain agreement, dated May
3, 1999, entitled "Franchise Agreement Between the City Of Huntington Beach and Culver
Amherst, L.L.C. for Transit Advertising Services" which agreement shall hereinafter be
referred to as the "Original Agreement," and
Pursuant to Section 28 of the Original Agreement, the Original Agreement may be
amended by mutual written agreement of the parties; and
Since the execution of the Original Agreement, CITY and GRANTEE wish to enter
into an amended agreement,
NOW, THEREFORE, it is agreed by CITY and GRANTEE as follows:
Section 3 Term of Agreement is hereby amended to read as follows:
TERM OF AGREEMENT
This Agreement shall commence on the 3rd day of May, 1999, (the "Effective
Date") and shall continue in effect for a period often (10) years (the "Term").
The Term shall expire on the, 3rd_day of May, 2009, unless this Agreement is
terminated earlier, pursuant to the provisions of this Agreement, or otherwise
according to law.
2. Section 4. Compensation to City is hereby amended to read:
4. COMPENSATION TO CITY.
For each year during the term of this Agreement, GRANTEE agrees to pay to
CITY a guaranteed minimum payment ("Guaranteed Minimum Payment") for
a minimum of one hundred seventy (170) shelters and three hundred (300)
benches and fifty percent (50%) of the gross advertising revenues received
from advertising shelters and/or benches within the CITY for all such revenue
in excess of two (2) times the Guaranteed Minimum Payment. The
Guaranteed Minimum Payment per shelter is $125 per month and per bench
is $12.50, per month for each year of this Agreement.
03agree/culver amend# 1/6/16/03
For example:
If in a given year the Guaranteed Minimum Payment is $300,000, and
revenue from advertising shelters and/or benches is $700,000, the
compensation to the CITY would be calculated as: $300,000 + 50%($700,000
- $600,000) _ $350,000.
If in a given year the Guaranteed Minimum Payment is $300,000 and the
revenue from advertising shelters and/or benches is $600,000, the
compensation to CITY would be calculated as $300,000 + 50%($600,000 -
$600,000) _ $ 300,000.
If in a given year the Guaranteed Minimum Payment is $300,000 and the
revenue from advertising shelters and/or benches is $500,000, then the total
compensation to CITY would be $300,000, since the difference between total
revenues ($500,000) and 2($300,000) is less than zero.
If at any time during the. Term, GRANTEE and CITY agree to add additional
shelters and/or benches with advertising to the number of shelters/benches
beyond the 170 and 300 permitted at the time of execution of the
Amendment, the Guaranteed Minimum Payment shall be increased on a
revenue per shelter and/or bench per month basis based on the per structure
compensation schedule set forth above. If there is any increase in shelters
and/or benches the performance bond shall be increased by the agreed upon
amount. Any decrease in shelters and/or benches shall not decrease the
performance bond amount.
3. Section 6, Transit Services Standards is hereby amended to read:
6. Transit Services Standards
Section F. is added to read:
F. GRANTEE shall not install more than two benches at any location without
obtaining the written approval of the Director of Public Works or his/her
designee. Any request pursuant to this Section must include a justification for
the additional benches based on ridership needs.
4. Section 8, Security for Performance is hereby amended to read:
SECURITY FOR PERFORMANCE.
Section 8.b is amended by deleting the first sentence and replacing it with the
following: "b. Surety Bond. As an alternative to establishing a Letter of
Credit, the GRANTEE may obtain a surety bond acceptable to the CITY to
guarantee the sum of five hundred dollars ($500) per shelter. Evidence of the
03agree/culver amend#1/6/16/03 2
applicable surety bond in a form acceptable to the City Attorney must be
submitted on an annual basis."
5. Section 9, Performance Schedule; Liquidated Damages is hereby amended as
follows:
9. PERFORMANCE SCHEDULE; LIQUIDATED DAMAGES.
The first two full paragraphs of Section 9 are deleted in their entirety.
The third full paragraph is amended to read as follows: "Construction and
installation of all shelters and/or benches, including electrical connections, for
which CITY has issued a permit shall be completed within six (6) months
following the date of issuance of such permit. At any location where
installation is temporarily deferred by request of CITY, installation shall be
completed within the later to occur of six (6) months following the issuance
of a permit for such location, or four (4) months of GRANTEE's receipt of
written directions to proceed from the Director of Public Works or. his/her
designee."
The fourth full paragraph is amended to read as follows: "For each failure to
satisfy the performance schedule that is caused solely by GRANTEE'S
unexcused delay, GRANTEE shall pay to CITY liquidated damages
("Liquidated Damages") of one hundred dollars ($100) per failure, per day.
The failure to meet the performance schedule as to each separate shelter
and/or bench shall be deemed a separate failure subject to a separate
Liquidated Damages payment.
The final paragraph of Section 9 shall remain unchanged as set forth in the
Original Agreement.
6. Section 11, Shelter/Bench Maintenance and Repair, is hereby amended as
follows:
11. SHELTER/BENCH MAINTENANCE REPAIR
The third sentence of paragraph I LC is amended by deleting the reference to
"Section 6" and replacing it with "Section 8."
7. Section 15, Additional Shelters and/or Benches, is hereby amended as
follows:
15. ADDITIONAL SHELTERS AND/OR BENCHES_
The entire first paragraph prior to the list of values is deleted and replaced
with the following:
03agree/cuiver amend# 1/6/16/03 3
"GRANTEE shall provide CITY with shelters and/or benches without
advertising at locations as identified by the Director of Public Works, subject
to the following limitations:
A. GRANTEE shall provide a non -advertising shelter at any
location requested by the Director of Public Works provided that GRANTEE
has not requested a permit for an eligible advertising shelter at such location,
and further provided that the total number of non -advertising shelters
requested by the Director of Public Works, including such shelter, when
added to the number of advertising shelters for which GRANTEE has
requested permits, does not exceed three hundred shelters; and
B. GRANTEE shall provide a non -advertising bench at any
location requested by the Director of Public Works provided that GRANTEE
has not requested a permit for an eligible advertising bench at such location,
and further provided that the total number of non -advertising benches
requested by the Director of Public Works, including such bench, when added
to the number of eligible advertising benches for which GRANTEE has
requested permits, does not exceed five hundred benches.
CITY shall pay GRANTEE for each non -advertising shelter and/or
bench based on the values as shown below..."
Section 20, Contract Termination, is hereby amended as follows:
20. CONTRACT TERMINATION.
The last sentence of the first paragraph is amended to read as follows: "Any
monies due to CITY and unpaid as of the date of termination shall be paid out
of the security funds first, and CITY shall have the right to sell shelters and/or
benches to the extent that the security is insufficient to cover such amounts.
If CITY terminates the agreement, GRANTEE shall have no further
obligation or liability with respect to payments that otherwise would have
come due after the termination date
9. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the Original
Agreement shall remain in full force and effect. The parties acknowledge and agree that there are
no existing or continuing defaults under Sections 8, 9, and 15 of the Original Agreement as of the
date of this Amendment and that both parties shall from and after the date hereof be estopped
03agree/cuiver amend#1/6/16/03 4
from raising any such alleged default under Sections 8, 9, and 15 of the Original
Agreement occurring prior to the date hereof in any dispute that may arise with respect to
Sections 8, 9, and 15 of the Original Agreement, as amended hereby.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their authorized offices the day, month and year first above
written.
CULVER AMHERST, L.L.C.
By: Ckgts4o
04
print name
ITS: (circle one) Chairman/President/Vice President
AND
By: NcC4f&%r L
pri ame
TS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND APPROVED:
City Ad inistrator
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
+111�..� r ��el
ATTEST:
City Clerk
APPROVED AS. TO FORM:
Ci y Attorney
,TE]YAND APPI
l
r
of Public Works
03agree/culver amend/6/16/036/33/03 5
MRY-22-2003 11:38 NOSSRMRN GUTHNER KNOX ELL
949 833 7876 P.05i11
WESTCHESTER FIRE INSURANCE COMPANY
1601 Chestnut Street, Philadelphia, PA 19192 (C(OF)Y
Miscellaneous C R� Co . [N
CONTINUATION CERTIFICATE v iw
The company indicated above, hereinafter called the "Company" as Surety on
Bond # K06761938 in the sum of Eighty Thousand Dollars ($80,000) on behalf of Culver Out
of Home Media, LLC d/b/a Culver Amherst of 141 5th Avenue, New York, NY-10010,
Principal, in favor of City_of_Huntingto_n_Beach , Obligee, hereby certifies that this bond is
continued in full force and effect from the 7th day of March 2003 to the 7th day of March 2004,
subject to all covenants and conditions of said bond.
This bond has been continued in force upon the express condition that the full extent of
the Company's liability under said bond and all continuations thereof for any loss or series of
losses occurring during the entire time the Company remains on said bond shall in no event
exceed the sum of the bond.
In witness whereof the Company has caused this instrument to be duly signed, sealed and
dated as of the 20th day of February 2003.
WESTCHESTER FIRE INSURANCE COMPANY
surety
Please mail Inquiries to:
ACE USA Bond Services
Virginia Beach Sales and Service Center
P.O. Box 2005
Virginia Beach, VA 23450-2005
Phone 1-800-392-3770
Processed: 2/20/2003
vm
MAY-22-2003 11:53 949 933 7878 96% P.05
� (Ilt
.. ..;;. .-1;.,d �7Mt the President KV:rlp y.'64 Ax6twl V OW_
".nbdMs. 40W
of the Ccrrnp�* 0.4hoiOiaMm Nh necespttl or y,offixe that F,.,,
V. pM;��,;! andAllorn" 9i'360enecul.dr,
Proickm $"marVicr rtsidcntmny;V4=P�idnAqW*' L 1=
and 4U
Any such writing etmuied;n accordarmm with these RuIM Shall be as 6ndiftg upon the Company in any case as though signed by the President and astaW to by the Carpamic Seemary
joli by NrsatairC;S:J% P--
to this
a! and scat
fW&V +jd6rt4�.
Pell *Y a ra YAO 4r v 00 . 0 . it 1 3 jW
�i_� iL.; s4ch theolp mdbm c r the, rqp"*jL�L il luw Who* ta!q"�O' i�' at
AN CMIIUV)�
3
, dn , d
SCOTT HAINEY all of the Ciry of T�rewster, State of New York , each individually if there be more ihan one named, its rruc and lawful
3itol-ricy-in-fact, to make, cxccute, seat and deliver on its behalf, and as its act and deed any and all bonds, un,.OcMkings, recognizances, contracts and othr.
wnting0i - ItK.m pm -,q j'p
q Me: T12ttifZ .pt lr� _ amt* not exc=cl!%.!tpc mu vmunp
shall
be 11' '1
S AS'L 'p.g.,Oon #i4.Corr Wei du; c�W'edlind
Y�
'by, L 0
Mo
:�6 4x
-ppri6pal: ;� any ap
f
[N WITNM ERthe pii d! Gregory ift-KesjaOnt, hasAetoun'td suhcnIk4 :Jtts n4* an a 'x scat"Ja
:Sal 14'4SfiHiiiTiR' RAN OMP
4
L'S S4:.Vkp.L
,11 ATMRIJ.
y Obi
IN
:T-HISYC
1.01F A17C
Goelise D. Mulligan Secretary
3,
MAY-22-2003 11:55 949 e33 7e79 P.06
MAY-22-2003 11:40
Bond No. K06761938
NUSSAMAN GUTHNER KNUX ELL
949 833 7678 P.07i11
G"
colov
KNOW ALL MEN BY THESE PRESENTS: that '
Culver Out of Home Media LLC., D/B/A Culver Amherst (Ne.l in.ort 1.0 Asa,, .uat tags 141. a1
141 5th Ave.
New York, NY 10010
as Pnncipal, hereinafter called Contractor, and.
Westchester Fire Insurance Company IW414 insert 1,rc name 4-e sages a 1 oa,,sa a. S-cTr
1133 Avenue of Americas, 32 FL,
New York, NY 10036
as Surety, hereinafter called Surety, are held and firmly bound unto
City of Huntington Beach
2000 Main St.
Huntington Beach, CA 92648 ***
as Ob!igee, he:einaller called Owner, in the amount of
'Eighty Thousand 00/100
Dollars (S_80,000.00****
1,
for r;ie GFyrent whereof Contractor and Surety bind themselves, their heirs, executors, 3drr inisirators,
successors and assigns, jointly and severafly, firmly by these presents —
WHEREAS,
Contractor has by written Agreement claied May 3, 1999 , entered -into a nn,Hrnpo udf r)%unor fAr
Franchise agreement between the City of Huntington Beach and Culver Out of Home Media, LLC d/b/a Culver Amhers�
for Transit Advertising Services a This bond Is for the period beginning317102 and ending v/03 and is renewable
by a continuation certificate at the option of the surety. This bond may be terminated at any ime by the surety
upon sending notice In writing, by certified mail, to the principal, at the expiration of sixty 00 rdays from the
malling_nf said notice, the surety shall be relieved from any liability subs uent to said date.
In accordance with drawings and Specifications prepared by
f4Ne e904M 1u0 euma 000 address 00A09M4 or A001d"C
which contract is by reference made a part hereof, and Is hereinafter referred to as the Contract
MAY-22-2003 11:55 949 833 7878 96% P,07
MAY-22-2003 11:40 NOSSHMRN GUTHNER KNOX ELL
949 833 7878 P.08i11
N®W, THEREFORE, THE CONDITIONS OF TKIS 013LIGATION are such that, if Contras 6r shad
pron,ptly4nd faithfully perform said Contract, then this obligation shall be null and void; oth rwise it
shall remain in full force and effect,
The Surety hereby waives notice of any alter-
ranged under this paragraph) sufficie it funds .
ation or extension of time made by the Owner,
to pay the cost of completion less the Glance
of the contract price; but not exceedin inolud-
WheneverContractor shall be, enddeclared by
,
ing other costs and damages forty ich the
Owner to be in default under the Contract, the
Surety may be liable hereunder the imoutIt
Owner having performed Owner's obligations
set forth In the first paragraph her of The
(hereunder, the Surety may promptly remedy the
term "balance of the contrac, price," is used
de(ault, or shall either
in this paragraph, shallmean the total imount
1) Complete the Contract in accordance with Its
payable by Owner to Contractor un er the
terms and conditions; or
Contract and any amendments Cher (o, less
2) Obtain a bid or bids forcompleting the Con-
the amount property paid.by Owner 0 Con-
tract in accordance with its terms and condi-
tractor.
lions, and upon determination by Surety of
Any suit under this bond must be in' vtuled
the lowest responsible bidder, or, if the Owner
before the expiration olone(1) yearfroml he date
elects, upon determinat.i.on by the Owner and
on which final payment under the Contr ct fails
the Surety jointly of the lowest responsible'
due.
bidder, zrrange for a contract between such
f
bidder and Owner, and make available as
No right of action sh211 accrue on this bo�nd toot
Work progresses (even though there should
for the use of any person at corporaiI4 other
be E delavit or a succession of defaults under
than the Owner named herein or the he S, exe-
the contract of contracts of completion ar-
tutors. ac`mifist!alots or successors cf th Owner.
Sign#d and seated this 7th
day of )March
-CulnuOut
tW�lnodal ' '�
ay; -1
(PIeeipel)
2002
LLC dJb/a
ver Amherst
(See))
Wi n®aa
BYt
Je . ®eldin, Attorney -In -Fact
MAY-22-2003 11:55 949 933 7878 9G% P.oe
MAY-22-2003 11:40 NOSSAMAN GUTHNER KNOX ELL 949 833 7B78 P.09i11
15
��°, WIESiCHESTE. RFIRE I1�S.URANCEC0141PANY 923044.`
O.y . a
•
,ll ni)w e1Lbn4 t1 by iba'Fs� lPresrats That WEST�ST'It ME`[N5`URAN'CE CorK►'AttY a caipotation of the State of ew Yorle; fiavm act
pnttt ipai office in site C' y ofAtlahta i Qecain pursuant to the f'oll4wi*t . FiRiylulioq adopted by tha Board of jroctors of the bald„Company an 1Vuvcitil;cr 4,1999� to,"
suit. :
V.isol.•Vto drat 'rults.etg l4uter "^ I say-ii We wr *e.compnny otbori , n4.4iii�N f�8�^iAtsn. aa�S?x�und wh2i;'en,�ngx��e tAc worcu«noor :'.'' ::' `::.
{11 Thu eta tMatdenS mty Sen,m'i'im pneria N;,any Vim Ptnideny rid Aielnar t V,a PretfdeaC a gay Aaen ry In-F K! may accuse for and on befulf of die Compmy my and all bonds underulungs.,ecoanuanees,
oom ident•and i deer r Vim
r the RUM � eotxhalf. knt or on+pv stm toe e P t 4ti0ta e mric to be "Crtsid When noosuffy by the u S thaltr , or m yy Aaistgiu Caporme Secvttpq • and ttu seal of W(^DMy affixed themes and thm the
Ptaidrnt, any Senior Viu PRtidrnS ,ny Via Ptatdent a as AorSstmr�- iqe iraident authain any etlter,0trsetr(iloAed m apppm4+�l of the G4mliaaX '�� to:Pnnto.oeu>:ure er
&s
r Y mar �
west to the citocVlron ofudl sWh,' ` n thereto,
t�) AnY:HKh writing coatitod lnlcsg yanee . dr.Awe Rules dwtTl be os btWing ttpoa ata le: y eiat o though ugttod try`t5e+xk{ and ten at; by Ate CtitpoeaK Secittvy
(l) The of the f4caidtnt, or a'semw Viol PM14rnt. tx`a vice Prrsidr;nt, a a Aatinant Yra'Proidgtt and the "of thc6=o ay may be afitxod,by fwmienite many powa of attorney gramedy—swl:to this
Resolmlat, end the dgg��wattm of a eenifyneg Orrder aril the sail'of the Canpuny "y be aff rid by falrnile to any eertfficste army 00 power, and any sutti pefrrCr � orntficwe bcarinf: such tnbimitt srgwure and
uet shall be vaild and'Itiatiidg on dKCompony.
a other
y fy moo y Cmmpa y4 m4 any affidavit or rmwd of the Company ne"S%ary:lo the
(1 Such atier Otf ern of the, Canpmry� and Aeorneyr. In-Fae chill haveAuthanty m cenrf or vai ies of this ReyolutitM, Its[ 9 •Laws of (he
dock of their duties .
(J) Tbc puuec of thi% Rttol4(W dm m.revote mty.aortic authosity rsn4d by Rmdutiimi ofLhe Bmid b[ t)irmas
Does hereby nominate, constitute and appoint JEFFREY P. DELDIN, SERAFINO DIDIO, SARA G. MAFFEO, COLLEEN O'CONNOR and
SCOTT HAINEY all of the City of Brewster, State of New York, each individually if there be more than one named, its true •and lawful
attomey-in-fact, to snake, execute, seal and deliver on its behalf, and as its act and deed any and all bonds, undertakings, recognizances, contracts and other
writings in the nature thereof in penalties not exceeding Five Million Dollars (S5,000,000) and the execution of such writings in pursuance of these
presents shall be as binding upon said Company, as fully and amply as if they had been duty executed and ackowledged by the regularly elected officers of
in the Company at its principal office.
0
rL IN WITNESS WHEUOF, the said William Jungrcis, Vico-President,.has hereunto subscribe4,:his name and affixed the corporate seal of the,said
't7
WESTCHEST'ER'FIRE INSURANCE COMPANY this 21rdday of October 2000.
-1L tyi
C � • ,.•`H� RE INSURANCE COMPANY
r w>rSTC>E1F.STIER Fl
�•txc� Wthiamlungfcts nice Prt aldenl
COMMONW W0P PM.1$?I�LVANiA
COUNi'Y OF PitiI DELPEiLS ss
On this 23rd des of,October, A.D. 2000„before. me, a Notary Public:oftbe,Commnwealsht.gf:Pennsylvania in,.an0 I ftha Gountyof�Philadolphta
carn6 William lungitis 'Vice -President of the;WJt STL'HFS'CER'FIRE.TNSURAI�1'CE COIVf)�tKWY to:tne personally �Cnown to be the individual and
N officer Who.executed the preceding instrument, ah0 he aetmpwtedod that he exeeufe lithe goine,Ard, that the seal affixed to the preceding instrument is the
4orporlte seal of Oid'06; any; that the• said torporstcical and his sjgoature wt� duly afftxedby the atitbonry and direction'of the said ,corporation and `
rc s(fine}tt, is novin force
�-- a. ,that Rrsolt{bont adopkdd by, the Hoard of Otr>%cton of s51d CaSlnpany.,�fctrtid to Itl,tho p t=ultn�in ;
,�: IN TFSTaFIQ1�Y WAEREOF, I hike hcrcunto act my stand aod's xcd my offtctat;'scat ai4hr City Gf Philadelphia the;+day and year firi;rabove
� <''i ,- 'R ,�� �i7g4 ;P1tYfJ►RIk4's��t. >
leaglnl.Ptery'PubiiG a �1tStWli'�ttbl,c, "
r g A3 r .f' Ftt�ed'e btd�lgr. PR1(�defpkk bag
aJ • `9 s" toy commission enpim Sep. 22.2003 <
A7'1 Olca� t�ut+�ett gfto?;Sccmblary of �$1' R )FOIE NSrJRANCEI�PM�At Y Lido h*by` yemify tlgthe original PrOWgR OF. < Z
k ,rofvrhirNth� ibr®gt}ing is a s(ibitttally tgtg atat tttty is tdZttl �'otcfmttd'ffecu
4:> > 'b., Ott. '' p F ?; ;1
jgbcr'of.-3,ha�phereuntosy�ggrbed4iryQatteeasSetxetgtsy,tgrtdp izet( tt�to858loftheCotppf4ti G;Ariis slsyof
tit
1p (
bret�tl Paztara', z
T11t5 POWER OF A'ITORNEY.MAY NOT13ESEDTO E�ECUiE ANY'BOND WITH' A'N 1NCEPTIOy+t DATE AF?t3 "Octot+c? 23.1002 .
r <� ,/ ', K t t > �: 4> yy.
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e , t l � rYALIU L t tCdtRQ fiNID
®S-38449d
MAY-22-2003 11:57 949 833 787E P.09
MRY-22-2003 11:42 NOSSRMRN GUTHNER KNOX ELL 949 833 7678 P.10i11
WESTCHESTER FIRE INSURANCE: COMPANY
FINANCIAL STATEMENT DECEMBER 31. 2000
BONDS $534,624,846
SHORT - TERM INVESTMENTS 6,500,882
STOCKS 0
REAL ESTATE 0
CASH ON HAND AND IN BANK 51,368,214
PREMIUM IN COURSE OF COLLECTION" 3,966.344
INTEREST ACCRUED 7,701,295
OTHER ASSETS j45 714 e B
TOTAL ASSETS 749.876.458
LIABILITIES
RESERVE FOR LOSSES
$150,720,585
RESERVE FOR TAXES
SUA47.194
FUNDS HELD UNDER REINSURANCE TREATIES
13,943
OTHER LIABILITIES
(23,3.fiI�Z21
TOTAL L►ABILfi�ES
S471,499,9SO
CAPITAL: SPECIAL SURPLUS
$117,300,000
CAPITAL: 928,592 SHARES, $3.7 PAR VALUE
3,500.792
CAPITAL PAID IN
79,336,379
SURPLUS (UNASSIGNED)
21122
SURPLUS TO POLICYHOLDERS
276,376,509
TOTAL
5749.876.459
CEXCLUDES PREMIUM MORE THAN 90 DAYS DUE.)
STATE OF PENNSYLVANIA.
COUNTY OF PHIIADELPHIA
Jo"Ph Stagiiano, be"
a President- ng duly oM. 3 that he Is Nice Presid-Assistant Controller of
Westchester Flfe Insurance ompany Itnd that to the beat of his knowledge and belief thie
,, foregoing is a true and act atatefaertt of the said Comp®ny9 %vandal condition a3 of the
31st day of Dommher,
Svmm befnrf�e th 271h day of Anti 21001.
a
VICe PresideAril Con"ller
N ry Public � My c m to exQift:3
/short forms 2000Wfc/ NC(pOTARIAL SEAta
JOA jV MAggIEyCKI, Noraty Bubiic
... m�,Isii nlx IreaNOct 8 2004
MAY-22-2003 11:57 949 833 7878 P.10
MAY-22-2003 11:42 N055AMAN GUTHNER KNOX ELL
949 833 7878 P.11/11
state or
County or 9
s On this day of before me personally cameo
_ $ to me known.f90
and known to me to be the individual described in and who executed the foregoing Instrument.and acknowicdged tome that he executedO•c
the same. ?t
e
E
v'
My commission expires
Notary Public
----------------------------------------------------------------------
State of
County of•
On this day of
oId
..before me personally Came
_.._to me known and known to ma � H
*a
to be a member of the firm of
deserlbed In and who executed the lcregoinq Instrument, and he thereupon acknowledged to me that he executed the same as and for the
act and deed of told 11rm.
My commission expires
--——————— — — —— ———-——---——- ——— —— —— ————— —— —— — — —— otar=Public----•---------
Seta of
ss. 9
County of n
cs
On this day of before me personalty came
e by p
i to me known. 04
to
who being by me duty sworn. did depose and say that he is the �3
1
of
the earporation described in and which executed the above Instrument: that he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal: that it wlss so affixed by order of the Board of Directors of said corporation, end that he signed his
name thereto by like order.
My commission expires
Notary Public
-------------------------------`------------- -- — ------
State of NY
tt'
County of
Putnam
0
On dtis 9th day of March 2002 , >erore me personally Came to
Jeffrey P. IDetdin to me known. who. being by me duly sworn, did depose and say that ►
he It an attomayin•tact of Westchester Fire Insurance Company ,z3
the corporation described in and which executed the within instrument: that he knows thecorpor®te seal of laid corporation, that the tear
affixed to the within instrument is pith corparate seal, and that he signed the Wdlnstrument andatfixed the said teal as Attorney-10-Fact
by authority of this Board of Directors of said corporation and by authority of IN llicc untie the tm1'z
solutions thercof.
e•
My contmraslen anliaieet � l? t �6 i
"� rtlt Notary Public
RAI ® 13 i •urrt ntY�
TOTAL P.11
MAY-22-2003 11:57 949 833 7878 P.11
Brockway, Connie
To: McGrath, Jennifer
Subject: Culver amherst - f �
Please advise on the progress of Culver Amherst - August 18th was the last I heard from your dept - that they were going
to get the bonds. I will just file away and then when they come in just send them up.
Please put CU 600.45 on documents when you send and we will file. The City Treasurer may want a copy. As you are
aware it got to Council without the bonds and they have their signed agreement. Maybe another letter from you would
help.
Connie
Brockway, Connie ��� T�-�%�'� `�� - 1/ a��.�� `t� � �L,•-`r9-�� .
From: Brockway, Connie
Sent: Monday, August 18, 2003 3:49 PM
To: McGrath, Jennifer
Subject: /ARE: culver amherst agrmnt r
I asked if the agreement should be executed now.
-----Original Message -----
From: McGrath, Jennifer
Sent: Monday, August 18, 2003 3:48 PM
To: Brockway, Connie
Subject: RE: culver amherst agrmnt
They are aware of that fact.
-----Original Message -----
From: Brockway, Connie
Sent: Monday, August 18, 2003 3:48 PM
To: McGrath, Jennifer
Subject: RE: culver amherst agrmnt
It is necessary that I know whether you want it executed and mailed to them. You may wish to inform them that it
has been since July 17.
-----Original Message -----
From: McGrath, Jennifer
Sent: Monday, August 18, 2003 3:43 PM
To: Brockway, Connie
Subject: RE: culver amherst agrmnt
Thank you Connie. I will keep you informed.
-----Original Message -----
From: Brockway, Connie
Sent: Monday, August 18, 2003 3:43 PM
To: McGrath, Jennifer
Subject: culver amherst agrmnt
Please let me know if you would like the culver amherst agreement signed and mailed to them. You had
indicated when I inquired before that the bonds should be coming as you had asked them to when it was
placed on the agenda. Have you received them. Let me know please as I would like to process it.
Connie Brockway
City Clerk
Brockway, Connie
To: McGrath, Jennifer
Subject: culver amherst agrmnt
Please let me know if you would like the culver amherst agreement signed and mailed to them. You had indicated when I
inquired before that the bonds should be coming as you had asked them to when it was placed on the agenda. Have you
received them. Let me know please as I would like to process it.
Connie Brockway
City Clerk
Brockway, Connie
From: McGrath, Jennifer
Sent: Thursday, July 17, 2003 4:16 PM
To: Brockway, Connie
Subject: RE: culver amherst agreement
Actually, I had asked them to submit current insurance and bonds. I will follow-up with them immediately.
Thank you.
-----Original Message -----
From: Brockway, Connie
Sent: Thursday, July 17, 2003 4:09 PM
To: McGrath, Jennifer
Subject: culver amherst agreement
Jennifer, Do you want me to execute and send off the culver amherst agreement as I don't have up to date ins in the
file> I have signed it but not sent it off.
Connie
. CITY OF HUNTINGTON BE X
=' 2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DATE: MA/ / / ,
TO: eoly"y' //Z-
Name
/V06UPlD i� W- /0/0
City, st e, Zip
ATTENTION:
DEPARTMENT:
REGARDS tTG:
See Attached Action Agenda Item Date of Approval
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item.
Remarks:
ice►
i
Connie Brockway
City Clerk
MEW
Attachments: Action Agenda Page Agreement
Bonds Insurance
RCA
Deed Other
CC: grnaR-4L in/,
N e Department
Department
RCA
RCA
Agreement Insurance Other
Agreement Insurance Other
Name
Na ll Dep hwilt
RCAF
Agreement Insurance Other
Nam Department
RCA
Agreement Insurance Other
Risk Management Dept.
Insurance
Received by Name - Company Name - Date
G:Followup/coverltr
Fj
CITY OF HUNTINGTON BEACH
Inter -Department Communication
TO: CITY CLERK
FROM: JENNIFER MCGRATH, City Attorney
DATE: May 11, 2004
SUBJECT: STATUS OF PENDING REQUESTS FOR LEGAL SERVICES
Please find attached hereto a list of current requests for legal services, projects and opinions
pending from your department. Please contact Assistant City Attorney Paul D'Alessandro
should you have any questions.
NNIFER MCGRATH,
City Attorney
JMP/k
Attachment as above
c: Paul D'Alessandro, Asst. City Attorney
ti
attymisc/rlspending memo/5/11/04
5/5/2004
MAY-22-2203 11:38 NOSSAMAN GUTH\_.< KNOX ELL 949 833 7678 H.d:)iii
WESTCHESTER FIRE INSURANCE COMPANY
1601 Chestnut Sorrel; Philadelphia, PA 19192
Bond 4 K06761938 in the sum of Eighty Thousand Dollars ($80,0." on behalf of Culver Out
of Home Media, LLC d/b/a Culver Amherst of 141 5th Avenue, New York, NY-10010,
Principal, in favor of City of Huntington Beach , Obligee, hereby certifies that this bond is
continued in full force and effect from the 7th day of March 2003 to the 7th day of March 2004,
subject to all covenants and conditions of said bond.
This bond has been continued in force upon the express condition that the full extent of
the Company's liability under said bond and all continuations thereof for any loss or series of
losses occurring during the entire time the Company remains on said bond shall in no event
exceed the sum of the bond:
In witness whereof the Company has caused this instrument to be duly signed, sealed and
dated as of the 20th day of February 2003.
WESTCHESTER FIRE INSURANCE COMPANY
Surety
Please mail Inquiries to
ACE USA Bond Services
Virginia Beach Sales and Service Center
P.O. Box 2005
Virginia Beach, VA 23450-2005
Phone 1-800-392-3770
Processed: 2/20/2003
vm
MAV-�7-7G1P� 11:C;7 949 E33 7878 96% P.05
8AC7��RD - ADmin�
acR-Ros�.e>l � bPr�
R�sT-ii✓-
�B�s
Council/Agency Meeting Held: Iqq
s4�g4 # iv usi
Deferred/Continued to:
I prove ❑_Conditionally Approved ❑ Denied
2 P < 1i
/ U7y C y Clerk's Signature
Council Meeting Date: May 3, 1999
Department ID Number: AS 99-009
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administrator 0I41
PREPARED BY: RICHARD BARNARD, Deputy City Administrator .
ROBERT F. BEARDSLEY, Public Works Director
GAIL HUTTON, City Attorney
JOHN REEKSTIN, Director of Administrative Services Iv -
SUBJECT: APPROVAL OF FRANCHISE AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND CULVER AMHERST LLC FOR
TRANSIT ADVERTISING SERVICES RELATED TO THE
PLACEMENT OF BUS SHELTERS/BUS BENCHES WITHIN THE
PUBLIC RIGHT OF WAY _
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: As directed by City Council at its April 19, 1999 meeting, staff has
negotiated a ten-year Franchise Agreement for Transit Advertising Services between the City
of Huntington Beach and Culver Amherst LLC.
Funding Source; Revenues received under the Agreement will be deposited into the City's
General Fund Revenue Account.
Recommended Action: Approve a ten-year Franchise Agreement betwe n the City of 1
Huntington Beach and Culver�� herst LLC for Tra it Advertising Services. �i Y��4/YJ/rJP/7daTiDh(
-»adz bc� ` n�ydC Greet/ ( u)Pa�e_ ,? e 3)
Alternative Action(s): Reject the proposed contract and direct that new proposals be
solicited.
Analysis: On April 19, 1999, after an extensive review process that included the
rejection of one set of bids and the solicitation of a second round of proposals, the City
Council directed staff to negotiate a ten-year Franchise Agreement with Culver Amherst LLC
for transit advertising services related to the placement of bus shelters/bus benches within
the public right of way. Council also asked staff to return on May 3, 1999 with the
agreement for final approval. The attached contract contains the following principal
elements:
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 3, '1999 DEPARTMENT ID NUMBER: AS 99-009
➢ The term shall be ten years, with a City option to extend the contract for five years or for
five additional one-year increments.
➢ Culver shall make an advance first -year payment to the City of $498,000. Thereafter,
Culver shall make quarterly payments in advance of the commencement of each
quarter.
➢ If the City and Culver agree to add advertising shelters above the amount initially
authorized, the guaranteed minimum payment shall increase proportionately.
➢ Shelter design standards and installation shall be approved by the City's Planning and
Public Works Departments.
➢ Culver shall initially establish a letter of credit or surety bond within 45 days of the
effective date of the agreement for $1,000 per shelter location to secure performance.
Culver may request that this amount be reduced to $500 per shelter following
installation of all shelters and benches.
➢ If both parties mutually agree to decrease the number of advertising shelters/benches,
the performance bond shall not be decreased.
➢ In the event the percentage revenue for a particular year exceeds the guaranteed
minimum payment, Culver shall pay the difference at the time it files its Statement of
Accounts.
➢ Culver will establish its sales, operations and maintenance facility within the City of
Huntington Beach.
➢ Daily site evaluation for shelters and benches will be conducted for the first 30 days,
with a minimum of two site visits per week thereafter.
➢ 50 new shelters and 100 new benches will be installed per month until the agreed -upon
amount is reached (minimum 170 shelters and 300 benches).
➢ Culver will provide the City use of fifteen advertising panels for three, 4-week segments
in the City per year.
➢ 100 City panels will be provided outside the boundaries of the City each year.
As compared with the current transit advertising agreement, this contract guarantees
$4.5 million more over a ten-year period, at a minimum. Therefore, although the proposal
process has been a long one, the financial benefit to the City has been greatly increased.
In addition, Culver's strong sales and marketing team, high level of customer service and
satisfaction, and experience in the industry will bode well for the City of Huntington Beach
throughout the term of the agreement.
Environmental Status: Does not apply
RCA/Bus Shelter Agreement/Culy -2- 04/21/99 2:13 PM
REQUEST FOR COUNCIL ACTION
MEETING DATE: May 3, 1999 DEPARTMENT ID NUMBER: AS 99-009
Attachrnent(s):
2.
3.
RCA Author: John P. Reekstin
Agreement between the City of Huntington Beach and Culver and
Associates.
Certificates of Insurance
Bonds
RCA/Bus Shelter Agreement/Culy
-3-
04/21/99 2:13 PM
(9)
05/03/99 - Council/Agency Agenda - Page 9
E-11. (City Council/Redevelopment Aaencv) Approve Replacement Housing Plan for Blocks
104/105 — Huntington Beach Redevelopment Project — Main -Pier Sub -Area — Adopt
Redevelopment Agency Resolution No. 298 (410.20) — Adopt Agency Resolution No. 298,
approving a replacement housing plan for the redevelopment of Blocks 104/105 of the Huntington
Beach Redevelopment Project. Submitted by the Economic Development Director (Huntington
Beach Redevelopment Agency Replacement Housing Plan for Block 104-105 dated April 23, 1999
available for public review in the City Clerk's Office.)
[Continued to 5117199]
F. Administrative Items
F-1. (City Council) Deferred from 4-19-99 - Recognize and Sanction the Turn of the Century
Committee Events as the City's Official Year 2000 Celebration (960.20)
Communication from the Community Services Director regarding recognition and sanction by
the city of the proposed concept of the Turn of the Century Committee events as part of the
City's Official Year 2000 Celebration.
Recommended Action: Motion to:
[1. Amendment to motion that any additional expenditures, any waiving of fees, or providing
of City services (e.g., Police, Fire, Public Works) come before the Council.
[Approved 6-1 (Bauer No)
[2. Recognize the Turn of the Century Committee and allocate staff time as stated in the
RCA. sanGfion the GonGept event outline planned as part of the Gity'S
of the year 2000 _
[Approved as amended 4-3 (Bauer, Harman, Sullivan, No.)]
F-2. (City Council) Approve Franchise Aareement Between the Citv of Huntington Beach and
Culver Amherst LLC for Transit Advertising Services Related to the Placement of Bus
Shelters/Bus Benches within the Public Right of Way (600.45)
Communication from the Deputy City Administrator, Public Works Director, City Attorney and
Administrative Services Director, transmitting a ten-year term Franchise Agreement Between
The City Of Huntington Beach And Culver Amherst LLC For Transit Advertising Services.
Recommended Action: Motion to:
Approve and authorize execution by the Mayor and City Clerk of a ten-year Franchise
Agreement Between The City Of Huntington Beach And CulverAmherst LLC For Transit
Advertising Services. [With recommendations made by Mayor Green (new page 2 & 3)
[Approved as amended 7-01
Motion to bring Agenda Items H-1 & H-2 forward.
[Approved 7-0]
F-3. Citv Council) Approve Bid Specifications and Authorize Solicitation of Bids to Reinstate
"Twice Per Month" Street Sweeping - M.S.C. 379 - Approve Sample Contract - Approve
Fund Transfer
Communication from the Public Works Director regarding the reinstatement of "twice per
month" street sweeping.
Recommended Action: Motion to:
1. Approve the bid specifications for the reinstatement of "twice per month" street
sweeping and authorize the Director of Public Works to obtain competitive bids.
bR/�JJir� qL
FRANCHISE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND CULVER AMHERST, L.L.C. FOR TRANSIT ADVERTISING SERVICES
WHEREAS, this Agreement (the "Franchise Agreement" or "Agreement") is made and
entered into as of the. yr/ day of 1"RY , 1999, by and between the City of
Huntington Beach, a municipal corporation hereinafter referred to as "CITY" and CULVER
AMHERST, L.L.C., a New York limited liability corporation, (hereinafter referred to as
"GRANTEE".
WITNESSETH
WHEREAS, the CITY is authorized to grant, renew and deny franchises for the
installation, operation and maintenance of transit advertising services and otherwise regulate
encroachment into the public -right-of-way within the city's boundaries by virtue of federal and
state statutes and court rulings, by the CITY's police powers, by its authority over its public rights
of way and by other CITY powers and authority; and
WHEREAS, the GRANTEE has agreed to comply with the applicable regulations
pertaining to transit advertising services, including but not limited to Huntington Beach
Municipal Code Chapter 12.36 entitled "Benches, Telephone Booths, and Other Public Service
Items" (hereinafter "Chapter 12.36"); and
WHEREAS, GRANTEE has the financial, legal and technical ability to provide the
services, facilities and equipment as set forth in this Agreement granting a franchise; and
WHEREAS, the terms and conditions of this Agreement granting a franchise renewal are
reasonable to meet the future transit advertising related needs and interests of the community,
taking into account the cost of meeting such needs and interests; and
NOW, THEREFORE, in consideration of the promises and agreements hereinafter made
and exchanged, the parties covenant and agree as follows:
l:_ GRANT OF FRANCHISE
Pursuant to the authority provided in Chapter 12.36, the CITY hereby grants a non-
exclusive transit advertising services franchise to GRANTEE pursuant to the terms and
conditions of this Agreement (hereinafter the "Franchise"). To the extent the provisions of
Chapter 12.36 are inconsistent with those of this Agreement, the provisions of this Agreement
shall prevail. GRANTEE shall provide all services as described in CITY'S Request for
Proposals and Addendums thereto (hereinafter referred to as Exhibit "A"), which is attached
hereto and incorporated into this Agreement by this Reference, and GRANTEE's proposal dated
March 5, 1999, (hereinafter referred to as Exhibit "B"), which is attached hereto and incorporated
g jmp/agree/culver/4/29/99
4,
into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as
"PROJECT."
2. FRANCHISE AREA.
The franchise area for this Franchise shall be all property within the boundaries of the
City of Huntington Beach as they exist on the effective date of the Agreement, and as the
boundaries may exist during the Franchise period, through annexation. GRANTEE shall provide
transit advertising services and transit non -advertising services only at those sites specifically
identified in Exhibit "C" attached hereto and incorporated by reference, as approved by the
Director of Public Works.
3. TERM OF AGREEMENT
This Agreement shall commence on the "day of &/-#/ , 1999, (the
"Effective Date") and shall continue in effect for a period of ten (10) years (the "Term"). The
Term shall expire on the ",i- day of M& , DD9, unless this Agreement is
terminated earlier, pursuant to the provisions of this Agreement, or otherwise according to law.
The contract may be extended for an additional five (5) years upon the mutual consent of both
parties and with no less than one hundred eighty days prior to the expiration of the term.
4. COMPENSATION TO CITY
For each year during the term of this Agreement, GRANTEE agrees to pay to CITY the
greater of a guaranteed minimum payment ("Guaranteed Minimum Payment") for a minimum of
one hundred seventy (170) shelters and three hundred (300) benches or a stated percentage of the
gross advertising revenues ("Percentage Revenue") received from advertising shelters and/or
benches within the CITY. The Guaranteed Minimum Income per shelter and/or bench per month
and applicable Percentage Advertising Revenue for each year of this Agreement are set forth in
Exhibit "D" attached hereto and incorporated by reference.
If at any time during the Term, GRANTEE and CITY agree to add additional shelters
and/or benches with advertising to the number of shelters/benches initially authorized, the
Guaranteed Minimum Payment shall be increased on a revenue per shelter and/or bench per
month basis. If there is any increase in shelters and/or benches the performance bond shall be
increased by the agreed upon amount. Any decrease in shelters and/or benches shall not decrease
the performance bond amount.
5. PRIORITIES
In the event there are any conflicts or inconsistency between this Agreement, the
CITY's RFP, or the GRANTEE's proposal, the following order of precedence shall govern:
1) Agreement, 2) the GRANTEE's proposal, and 3) the CITY's RFP.
2
g:j mp/agree/c ulver/5/1 0/99 e5
a 3 43 Per el
f}ct"anr
6. TRANSIT SERVICES STANDARDS
A. All bus shelter and bench improvements shall meet the minimum design requirements
as defined in the City of Huntington Beach Standard Plans, and the Orange County Transportation
Authority's "Bus FACILITIES HANDBOOK" dated April, 1996, and made available through that
agency and is made a part hereof by this reference. All work performed within the CITY boundary
shall conform to City Standard Plans on file, the latest edition of Standard Specifications For Public
Works Construction (Green Book), the latest edition of the National Electric Code (NEC), or at the
direction of the Director of Public Works or his/her designee. A minimum four inch (4") concrete
slab shall be placed at all bench and shelter locations. Concrete mix design shall be 520-C-2500
(Type V). This slab is to be placed in accordance with the Orange County Transportation
Authority's `Bus FACILITIES HANDBOOK" (figures 26 and 29) dated April, 1996, for transit shelters
and related street furniture, and the requirements of the Americans with Disabilities Act (ADA) of
1990. In addition, all work must comply with the conditions of the Public Works Permit issued for
each individual location, and any and all other conditions of the Agreement.
B. Each shelter or bench site design shall be compatible with the landscaping in its vicinity,
in a manner satisfactory to the Director of Public Works or his/her designee. Bus shelters and
benches to be located on an existing landscaped slope will require special design and landscaping
modifications. All bus shelters and benches shall have consistent design within a community.
The design is to be reviewed and approved by the Design Review Board pursuant to Huntington
Beach Zoning and Subdivision Ordinance Code Chapter 244.
C. GRANTEE shall permanently affix in a conspicuous area on each shelter and/or
bench an owner identification tag which includes GRANTEE'S business name and 24 hour
service telephone number.
D. GRANTEE shall supply the approved trash receptacle at each site in accordance with
the site specifications, or as approved by Director of Public Works or his/her designee. If needed, a
second trash receptacle shall be installed at the request of the Director of Public Works or his/her
designee. Trash receptacles shall not block the bypass space between the sidewalk, shelter/bench,
and the curb face.
E. If required, the GRANTEE will obtain written permission to encroach from the
underlying property owner (other than the CITY), prior to issuance of any permit for any shelter
and/or bench. No telephones, vending machines, newsracks, or any other devices not specifically
authorized pursuant to this Agreement shall be permitted to be installed on, or adjacent to the
shelters without the prior written authorization of the Director of Public Works or his/her designee.
7. DESIGN STANDARDS; AMENITIES
GRANTEE shall provide said services consistent with the design standards set forth
below.
A. SHELTER DESIGN STANDARDS -y� l e�
g:jmp/agree/culver/5/10(99 3 / .2 3 6l5
CIC RC'�'io �
1. The shelter's structural design(s) shall be plan checked and approved by the City of
Huntington Beach prior to implementation of the installation program.
2. A metal structure thirteen feet (13') or seventeen (17') feet long with a five foot (5) roof
line. The structure shall have a minimum of four columns to support the roof and be
enclosed on three sides with tempered, tinted glass, and an advertising panel at the end
farthest from the bus' approach. The shelter shall be lit from dusk to dawn by an overhead
fluorescent light with a control timer or photo electric cell. Electrical service shall be 120
Volt and shall be underground.
3. Each shelter will house a matching eight foot (8') bench with a back. The bench should
have anus only at both ends. The shelter shall also accommodate a minimum space of 48
inches by 48 inches for persons in wheelchairs. Each shelter shall also have a matching
trash receptacle with an inner and outer lining, not including plastic garbage bags, to prevent
leaks and spills. All furniture shall be anchored to the site or otherwise attached to the
shelter to prevent theft and/or vandalism.
4. The name of the nearest cross street or local feature shall be placed on the shelter's roof
facia on the approach end of the shelter consistent with City of Huntington Beach standards,
or as directed by the Director of Public Works or his/her designee. The GRANTEE's name
and 24-hour phone number shall be displayed for emergency purposes within the interior of
each shelter.
5. Each shelter or bench shall be issued its individual permit application, shall specify the
shelter or bench standard plan number to be used, and will be accompanied by an 8-1/2" x
11" location drawing, signed and stamped by a California Registered Civil or Structural
Engineer. The location drawing shall contain a minimum 40 foot to 1 inch scale (1 "=40' .
scale) representation of the proposed shelter site covering the area from the property line to
the street centerline at the intersection. Mid -block sites can be shown with broken line ties.
The drawing shall also give all necessary street dimensions such as: sidewalk width, street
width, etc. All substructures within the sidewalk area, street lighting electroliers, fire
hydrants, storm drain catch basins, trees, vaults, gas lines, water lines, electrical, and any
other sidewalk facility or street furniture must be shown on the location drawing. A no -
scale key map must also be included on the location drawing.
6. Minimum setback of the shelter structure, including roof, from the face of curb shall be
two feet.
7. Any shelter located less than 48 inches from the curb face shall have rear access at the
ad -panel end of the shelter.
8. Every shelter shall be illuminated from dusk until dawn by an overhead fluorescent light
fixture concealed in the roof structure with a control timer and/or a photo electric cell, or its
equivalent as determined solely at the discretion of the Director of Public Works.
GRANTEE shall apply for, and obtain at its own cost, any necessary electrical service
g jmp/agree/culver/4/29/99 �1
permits from the electrical provider. Metered electrical service charges shall be at
GRANTEE's sole expense.
9. Back and side panels shall be constructed of tempered tinted glass or other safety devices
to protect pedestrians by enhancing visibility. The CITY reserves the right to substitute the
optionalmaterials offered by the GRANTEE on a case -by -case basis.
10. Where existing curbing is found to be in good condition and presents no hazard to bus
stop users, curbing shall not be disturbed during the installation of the bus shelter. Any
required conduit shall be passed under the curb in a manner that does not affect the curbing.
Where curbing is found to be in poor condition sufficient to cause a hazard to bus stop
users, the curb and gutter shall be replaced as part of the site improvements at GRANTEE's
sole expense. The CITY's agent shall be the deciding judgment on the potential hazard
determination.
B. NON -SHELTER FURNITURE DESIGN STANDARDS
For those bus stops without a bus shelter identified by the CITY, the GRANTEE shall:
1. Install a 8-foot bench non -advertising bench with a back; or
2. Install a 7-foot advertising bench with a back
In addition, a complimentary trash receptacle with an inner and outer (non -wire mesh)
lining to prevent leaks and spills at the discretion of the Director of Public Works.
8. SECURITY FOR PERFORMANCE
The purpose of the performance security is to insure faithful performance of GRANTEE'S
covenants for construction, maintenance, repair or replacement of the shelters, timely payment of
all revenues due the CITY (including without limitation, permit fees, business license fees, and
advertising revenues), and restoration of shelter and/or bench sites to the condition existing prior
to installation of the shelters and/or benches, whenever a shelter and/or bench is removed or
relocated.
a. The GRANTEE shall establish a letter of credit in the sum of one thousand dollars
($1,000.00) per shelter location within forty-five (45) days after the effective date of this
Agreement. The letter of credit shall be in a form acceptable to the City Attorney. The
GRANTEE shall restore to the letter of credit any amount the CITY withdraws as liquidated
damages, within thirty (30) days after the CITY withdraws the money. The GRANTEE may
request that the CITY reduce the letter of credit from one thousand Dollars ($1,000.00) per
shelter to five hundred dollars ($500.00) per shelter at any time after CITY has verified the
completion of the installation of all shelters and benches pursuant to the Agreement, and that
GRANTEE is not in material breach of the Franchise. The CITY shall complete its review of
GRANTEE's compliance with these conditions within sixty (60) days after receipt of the
GRANTEE's request.
5 C
g nT/agree/culver/4/29/99
�l3d�y�
The GRANTEE may provide cash or a cash equivalent in substitution of the letter of
credit including without limitation a certificate of deposit or savings account, the rights of which
have been signed over to the CITY. Any interest accrued on such cash or cash equivalent
security shall be paid over to the GRANTEE.
GRANTEE's recourse, in the event GRANTEE believes any taking of funds from the
Letter of Credit is improper, shall be through legal action, after the Letter of Credit has been
drawn upon.
b. Surety Bond. As an alternative to establishing a Letter of Credit, the GRANTEE
may obtain a surety bond acceptable to the CITY, to guarantee the sum of one thousand dollars
($1,000.00) per shelter. The Surety Bond shall be in a form acceptable to the City Attorney and
shall be submitted concurrently with the effective date of this Franchise Agreement. The form of
the Surety Bond shall contain, at a minimum:
(1) That the surety is licensed in California and maintains a Best's Financial
Size Category of IX.
(2) That the surety holds a Certificate of Authority from the United States
Department of the Treasury as an acceptable reinsuring company pursuant to
Department Circular 570 as published in the Federal Register.
(3) The surety shall have a Best's insurance rating of not less than A.
(4) The principal amount of the obligation shall be one thousand dollars
($1,000.00) per shelter.
(5) The obligation by the surety to pay the principal amount to the CITY is
unconditional pursuant to Civil Code Section 2806.
(6) The liability of the surety for the payment of the principal amount accrues
immediately upon the default of the GRANTEE, and without demand or notice
pursuant to Civil Code Section 2807.
(7) The surety shall waive any defense based on or arising out of any defense
of the GRANTEE other than payment in full of the principal amount including
without limitation a defense based on or arising out of the disability of the
GRANTEE, the unenforceability of the principal obligation, or any part thereof, or
any change, renewal or acceleration of the terms of the principal obligation.
Further, said surety shall waive any right to require the CITY to proceed against
the GRANTEE or pursue any other remedy in the CITY's power. Further, said
surety shall have no right of subrogation and shall waive all presentments,
demands for performance, notices of protest, notices of dishonor and notices of
the acceptance of the Surety Agreement. C
6
g.jmp/agree/cu1ved4/29/99
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(8) The surety shall also undertake to pay reasonable attorneys' fees and other
costs incurred by the CITY in enforcing the Surety Bond.
(9) GRANTEE shall require said surety to submit to the CITY documentation
evidencing the above requirements,and any documentation required.of the
GRANTEE by the surety for the purpose of ascertaining GRANTEE's financial
condition.
9. PERFORMANCE SCHEDULE: LIQUIDATED DAMAGES
The following performance schedules.shall be adhered to. by the GRANTEE. Any
deviation from these schedules without written CITY approval, except on account of those events
specified in Section 8, shall constitute a material breach of contract, and the GRANTEE shall be
liable to the CITY for liquidated damages as set forth below.
GRANTEE will submit permit applications for all.locations identified in Exhibit "C"
attached hereto and incorporated, by reference to the CITY'S Department of Public Works within
thirty (30) days of the Agreement's "Effective Date". Installation of the first bus shelter and/or,
bench shall begin no later than thirty (30) days following issuance of permits. The
construction/electrical inspector shall be notified 48 hours in advance of all
construction/electrical work. The number to call for notification is (714) 536-5431 unless a
different number is provided in writing by the CITY. The starting date given at time of
notification will be the beginning of the 7 working days. Installation of an individual shelter,
including all shelter amenities, except electrical connections, shall be completed within seven (7)
calendar days after work has commenced on that shelter. Electrical connections shall be
completed within fifteen (15) calendar days after work has commenced. Failure to perform as
required will result in liquidated damages being assessed by the CITY as provided below.
Construction and installation of all advertising shelters and/or benches, non -advertising
shelters and/or benches, including electrical connections, shall be completed within six (6)
months following the Effective Date. At locations where installation is temporarily deferred,
installation shall be completed within four (4) months of receiving written directions to proceed
from the Director of Public Works or his/her designee.
For each failure to satisfy the performance schedule, GRANTEE shall pay to CITY
liquidated damages ("Liquidated Damages") of one hundred dollars ($100) per failure, per day.
The failure to meet the performance schedule as to each separate shelter and/or bench shall be
deemed a separate failure subject to a separate Liquidated Damages payment.
The parties hereto agree that the amount set forth above as the "Liquidated Damages"
constitutes a reasonable approximation of the actual damages that CITY would suffer for each
failure to meet the performance schedule, considering all of the circumstances existing on the
effective date of this Agreement, including the relationship of the Liquidated Damages amount -to
the range of harm to CITY and accomplishment of CITY's purpose in entering into this t
g Jnip/agree%ulver/4/29/99
Agreement, the difficulty and impracticability of determining actual damages involving such
issues as the dollar damages per shelter or bench per day of delay and the CITY's goals in
installing new shelters and benches, and that the proof of actual damages would be costly or
inconvenient. In placing its initials at the places provided hereinbelow, each party specifically
confirms the accuracy of the statements made above and the fact that each party has been
represented by counsel who has explained the;consequences .of -.the Liquidated Damages -
provision at or prior to the time each executed this Agreement.
GRANTEE'S INITIALS C Y'S INITIIAnLS
04
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10. FORCE MAJEURE
The time within which the GRANTEE is obligated to commence and to complete
construction of shelters and benches shall be extended for a period of time equal in duration to,
and performance shall be excused on account of and for, and during the period of, any delay
caused by strikes, threat of strikes, lockouts, war, threats of war, insurrection, invasion, acts of
God, calamities, violent action of the elements, fire, delays in electrical service provider permit
issuance, action or adoption of any regulation, law or ordinance by any governmental agency,
precluding GRANTEE'S performance.
11. SHELTER/BENCH MAINTENANCE AND REPAIR
At all times during the term of this Agreement, GRANTEE shall, at its sole expense,
maintain all shelters and/or benches, in a neat, attractive, safe, and sanitary manner in accordance
to the satisfaction of the CITY'S Director of Public Works or his/her designee. This includes, but
is not limited to removal of litter, graffiti, and debris; cleaning of all visible surfaces, and emptying
trash receptacles. GRANTEE shall report all maintenance activities in the CITY each quarter.
A. GRANTEE shall maintain all shelters, benches, and amenities pursuant to the terms and
conditions set forth in Exhibit `B". GRANTEE shall also keep the pad and an area within fifteen
feet (15') of the shelter or bus bench clean and litter free at all times, including curb and gutter,
exclusive of street. Steam cleaning of all shelters, benches, and all furniture will be provided on an
"as -needed" basis. No routine maintenance shall be performed during peak hours for 7:00 a.m. to
9:00 a.m., or 4:00 p.m. to 6:00 p.m.
B. GRANTEE shall, at its own expense, replace or repair any and all damaged, defaced or
worn out shelters, benches, or individual parts thereof to "like new" condition no later than twenty-
four hours after discovery by GRANTEE, or notification of such damage or defacement is received
by telephone. If the condition of the shelter or bench represents a danger, the GRANTEE shall
respond immediately (no later than within 4 hours of notification). GRANTEE shall maintain and
furnish a twenty-four hour emergency telephone number. When damage requires emergency
removal of an entire shelter, or bench, in order to leave the site in safe condition, the removed
fixtures shall be replaced and made fully operational within five (5) working days.
g:jmp/agree/cu1ver/4/29/99
C. In the event GRANTEE fails to correct, repair, replace, or remove a shelter or bench
as required by this Agreement, CITY may, at its sole discretion, cause the correction, repair,
replace, or removal of the shelter or bench. Any costs incurred by CITY shall be paid directly to
CITY by GRANTEE within ten (10) days following receipt by GRANTEE of CITY'S invoice.
Costs not paid within -this time period will be,deducted:from the security,deposit-as set. forth. in
Section 6. The security deposit shall be: repaid within.30 days. 'If payment is not received by the
due date a late charge.of 1.5%.per month,: compounded monthly, will be added. If payment is not
received within 30 days of the due date the GRANTEE will be in default. and' -the. Agreement may
be terminated immediately.
12. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP.", "DRIVE-I"DANGER"' or any other .word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products.
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
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g jmp/agree/culver/4/29/99 9 � 3D
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEEagreesto remove sai&advertising-within twenty-four„ (24) hours
of official notification, which may be made by telephone, thereafter saidaelephonic notice .
shall be confirmed in writing by U.S. Mail and facsimile.
13. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY fifteen advertising panels for three (3)
four -week segments each year for ten (10) years and, in cooperation with the CITY, design, print,
install and remove fifteen (15) four color posters, three times a year, for ten (10) years at no cost to
the CITY. CITY shall use color posters and advertising to promote the City of Huntington Beach
interests.
B. Unsold shelter ad panels shall be used by the CITY for public service announcements.
For purposes of this section only, "unsold ad panels" excluded advertising required by contractual
obligations with advertisers (e.g. "bonus" or "override" panels).
C. GRANTEE shall arrange for service and installation of the public, service
announcements including promotions of transportation related programs as defined by the Public
Information Officer or his/her designee. Public service announcements may be preprinted ad sheets
from organizations, such as DARE, NEIGHBORHOOD WATCH, MADD, CONFERENCE AND
VISITOR BUREAU, ETC. or on special occasions, the CITY shall provide camera ready copy
only. Public Service Announcements shall be held to the same standards required of commercial
advertising.
D. GRANTEE shall make available to the CITY one hundred (100) advertising panels a
year outside of the CITY, for three (3) four -week segments each year for ten (10) years at locations
mutually agreed upon between the parties and, in cooperation with CITY, design, print, install and
remove one hundred (100) four color posters. for ten (10) years at no cost to the CITY. The
advertising shall run for four weeks.
14. SITE RELOCATION
The CITY will have the right to require the GRANTEE to relocate shelters and/or benches,
at its sole expense, for the convenience of pedestrians and bus patrons, or because of a change in
bus stop locations, or street widening/construction. The GRANTEE shall not relocate or remove a
bus shelter or bench without the CITY's permission. The CITY may require, or permit a shelter or
bench to be removed or relocated if it has been demonstrated to be incapable of proper maintenance
due to excessive vandalism or any other reasonable cause. "Excessive vandalism" is defined as
damage inflicted to an individual shelter during any consecutive six (6) month period, which
t
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requires cumulative expenditures for replacement and repair that exceed the original cost of
construction and installation of the shelter.
In the event that a bus route is altered or deleted such that a bus shelter or bench will no
longer serve an active bus stop, GRANTEE shall, within thirty (30) days after notification, remove
the shelter and/or bench completely or relocate the�bus shelter or bench to, a new location
designated by the CITY. The vacated, location shall `be restored to:its original condition; within that =
same time period.
15. ADDITIONAL SHELTERS AND/OR BENCHES
GRANTEE shall provide CITY with the following shelters and/or benches without
advertising at locations as identified by the Director of Public Works:
A. the difference between three hundred shelters and the number of advertising
shelters installed by GRANTEE; and
B. the difference between five hundred benches and the number of advertising
benches installed by GRANTEE.
If at any time during the Term, GRANTEE and CITY agree to add bus shelters and/or bus
benches without advertising to the number of.shelters and/or benches initially authorized, at
CITY'S sole discretion, CITY shall -reimburse GRANTEE for cost of services for additional
shelters and/or benches without advertising based on the values as shown below.
$4,500 each for addition of a single non -advertising shelter.
$ 500 each for addition of a single non -advertising bench.
$4,500 each for addition of a group of 1-10 non -advertising shelters.
$ 450 each for addition of a group of 1-10 non -advertising benches.
$4,250 each for addition of a group of 11-20 non -advertising shelters.
$ 425 each for addition of a group of 11-20 non -advertising benches.
$4,150 each for addition of a group of 21-30 non -advertising shelter.
$ 415 each for addition of group of 21-30 non -advertising benches.
$4,000 each for addition of a group of 3140 non -advertising shelters.
$ 400 each for addition of a group of 31-40 non -advertising benches.
$4,000 each for addition of a group of 41-50 non -advertising shelters.
$ 400 each for addition of a group of 41-50 non -advertising benches.
$4,000 each for addition of a group of 51-60 non -advertising shelters.
$ 400 each for addition of a group of 51-60 non -advertising benches.
$4,000 each for addition of a group of 61-75 non -advertising shelters.
$ 400 each for addition of a group of 61-75 non -advertising benches.
$4,000 each for addition of a group of 76-100 non -advertising shelters.
$ 400 each for addition of a group of 76-100 non -advertising benches.
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16. METHOD OF PAYMENT
Upon free and clear access to the public right-of-way GRANTEE shall pay in advance,
the annual payment for the first full year of service. Thereafter, GRANTEE shall pay quarterly,
in advance, on the first day of the quarter, the contract Guaranteed Minimum Payment. If
payment is not received bythe.due_date a late charge of 1.5% per month; compounded monthly,
will be added. Payments shall be made to the City Treasurer, P.O. Box 711, Huntington Beach,
CA 92648.
Within sixty (60) days of the end of each contract year GRANTEE shall deliver to CITY
a Statement of Accounts for the preceding contract year, showing, all shelter.and/or bench
locations, the advertiser or advertisers at each advertising.shelter and/or bench during the
preceding contract year, the gross advertising revenues received for each advertising panel at
each advertising shelter and/or bench, and the applicable Percentage Revenue for that year. The
Statement of Accounts shall be prepared or approved by a certified public accountant according
to customary accounting practices and shall be accompanied by a certificate of an authorized
officer of GRANTEE attesting to the truth and accuracy of the information, relied upon by the
accountant, according to the certifying officer's bestknowledge.
In the event that Percentage Revenue for a particular contract year exceeds the
Guaranteed Minimum Payment' received by CITY for that contract year, GRANTEE shall pay the
.difference -to the CITY at the time of filing the. Statement of Accounts.
17. :ACCESS°TO RECORDS
The CITY and its authorized agents shall be granted reasonable access during
GRANTEE'S normal business hours to all of GRANTEE 'S books, documents, paper, and
records that relate to this Agreement.
18. MORTGAGES
Any mortgage or lien against the shelters and/or benches shall be subordinate to all
franchise rights of the CITY.
19. INTEREST OF GRANTEE
The GRANTEE covenants that it presently has no interest and shall not acquire any
interest, directly or indirectly, that would conflict in any manner or degree with the performance
of the services contemplated by this Agreement. No person having such an interest shall be
employed. by or associated with the GRANTEE.
By accepting this Agreement, GRANTEE acknowledges that notice is and was hereby
given to GRANTEE pursuant to California Revenue and Taxation Code Section 107.6 that use or
occupancy of any public property pursuant to the authorization herein set forth may create a
possessory interest which may be subject to the payment of property taxes levied upon such `
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gJmp/agree/culver/4/29/99
interest. GRANTEE shall be solely liable for, and shall pay and discharge prior to delinquency,
any and all possessory interest taxes or other taxes levied against GRANTEE's right to
possession, occupancy or use of any public property pursuant to any right of possession,
occupancy or use created by this Agreement. GRANTEE shall not be barred from challenging
any amounts assessed pursuant thereto.
20. CONTRACT. TERMINATION
Notwithstanding any other provision in this Agreement, .and in addition .to other methods
of termination available under the laws: of the State, of California; GRANTEE's failure to comply
with any of its obligations or responsibilities pursuant to this Agreement shall constitute a
material default. If.GRANTEE fails to commence and completely cure any default within thirty
(30) days following written notice from CITY, CITY -may immediately, terminate this Agreement.
Any unpaid monies owed to the CITY shall be paid out of the security funds first, then the CITY
shall have the right to sell shelters and/or benches.
Upon termination of this Agreement CITY shall have the right, -but not the obligation, to
purchase from GRANTEE any or all of the shelters and/or benches covered by this Agreement.
The price to be paid shall be the value remaining in each unit (including all appurtenances) at the
time of termination. For the purpose of this Agreement, "value remaining" shall mean the
original value of the unit at its installation (which is determined by this Agreement to be an
amount equal to Six Thousand,Five Hundred.Dollars ($6,500) for each. shelter with advertising
including related furniture, Five Thousand Five Hundred Dollars ($5,500)`for each shelter
without advertising: including related furniture, and One Thousand Dollars ($1,000) for each
bench including related furniture) minus one tenth (1/10) of the value per -year for each full year
or portion thereof after installation.
In the event that CITY decides not to purchase one or more units on termination of this
Agreement, GRANTEE shall remove the unit and return the sites to original condition or better,
at GRANTEE's sole expense. GRANTEE shall obtain the appropriater permits and complete the
removal of all designated units and restoration of the affected sites within ninety (90) days
following CITY'S written election not to acquire the designated shelters. Any shelter, bench, or
other furniture not removed within the specified ninety (90) day period shall be declared
abandoned, in which case. CITY shall obtain ownership by default, or at its election, remove the
abandoned shelter, bench or furniture and charge GRANTEE for all costs of removal, with such
costs being secured by the letter of credit defined in Section VII, SECURITY FOR
PERFORMANCE.
21. LAWS AND REGULATIONS
The GRANTEE shall keep fully informed of State and Federal laws and County and
Municipal ordinances and regulations that in any manner affect those employed by or in any way
affect the performance of services pursuant to this Agreement. The GRANTEE shall at all times
observe and comply with all such laws, ordinances and regulations. Furthermore, each and every
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g jmp/agree/culver/4/29/99 13 (so
provision required by law to be inserted into this Agreement shall be deemed to be inserted, and
this Agreement shall be read and enforced as though they were included.
22. HOLD HARMLESS
GRANTEE shall protect, ,defend; •indemnify and hold harmless CITYJts officers,
officials, employees and agents from and:.against any_and all.liability; loss, damage, expenses,
costs (including without limitation, costs and fees of litigation of every nature) arising out,of or
in connection with GRANTEE's performance:.of its services. under this Agreement, or.its failure
to comply with any of its obligationscontained in this.Agreement by GRANTEE, its officers,_
agents or employee, except such loss or damage which was caused by the sole negligence or
willful misconduct of the CITY.
23. INSURANCE.
GRANTEE, at its sole cost and expense, for the full term of the Agreement (and any
extension thereof), shall obtain and maintain at minimum all of -the following insurance
coverage:
A. Types of Insurance and Minimum Limits. The coverage required herein may be
satisfied by any combination of specific liability and excess liability policies.
1. Pursuant to California Labor Code section 1861, GRANTEE
acknowledges awareness of section 3700 et seq. of said Code, which requires
every employer to be insured against liability for workers compensation;
GRANTEE covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
GRANTEE shall maintain workers compensation insurance in an amount of not
less than One Hundred Thousand Dollars ($100,000) bodily injury by accident,
each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by
disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily
injury by disease, policy limit.
GRANTEE shall require all subcontractors to provide such workers compensation
insurance for all of the subcontractors' employees. GRANTEE shall furnish to
CITY a certificate of waiver of subrogation under the terms of the workers
compensation insurance and GRANTEE shall similarly require all subcontractors
to waive subrogation.
2. GRANTEE shall obtain and furnish to CITY, a policy of general public
liability insurance, including motor vehicle coverage. Said policy shall indemnify
GRANTEE, its officers, agents and employees, while acting within the scope of
their duties, against any and all claims of arising out of or in connection with this
Agreement, and shall provide coverage in not less than the following amount:
14 �I"
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g:jmp/agree/culver/4/29/99 _ ((110M
combined single limit bodily injury and property damage, including
products/completed operations liability and blanket contractual liability, of
$1,000,000 per occurrence. If coverage is provided under a form which includes a
designated general aggregate limit, the aggregate limit must be no less than
$1,000,000. Said policy shall name CITY, its officers, and employees as
Additional Insureds;:and shall: specifically�provide that any other insurance
coverage which may be applicable. to the Agreement'shall be deemed excess
coverage. and. that GRANTEE'S insurance shall be primary.
24. CERTIFICATES. OF INSURANCE
Prior to commencing performance of the work hereunder, GRANTEE shall furnish to
CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing
insurance coverages as required by this Agreement; said certificates shall:
a. provide the name and policy number of each carrier and policy;
b. shall state.that.the policy is currently in force; and
C. shall promise thatsuch, policies shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty days prior
written notice; however, ten days prior written notice in the event of cancellation
for nonpayment of premium.
GRANTEE shall maintain the foregoing insurance coverages in force until the work
under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate from
the provisions for indemnification of CITY by GRANTEE under the Agreement. CITY
or its representative shall at all times have the right to demand the original or a copy of all
said policies of insurance. GRANTEE shall pay, in a prompt and timely manner, the
premiums on all insurance hereinabove required. If for any reason GRANTEE fails to
obtain or keep any of such insurance in force, CITY may, but shall not be required to,
obtain such insurance, in which event GRANTEE shall promptly reimburse the CITY
premium cost therefor plus one and one-half percent (1 %2%) monthly interest thereon
until paid.
25. OWNERSHIP
Prior to commencing performance under this Agreement, GRANTEE shall provide the
CITY with a written statement, executed under penalty of perjury, containing the following
information:
A. If the GRANTEE is a corporation, the name of the corporation shall be set forth
exactly as shown in its Articles of Incorporation or Charter together with the State and
date of incorporation and the names and residence addresses of each of its current officers
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g:jmp/aV=Jcu1ver/4/29/99
and directors, and of each stockholder holding more than five percent (5%) of the stock of
that corporation.
B. If the GRANTEE is a partnership, the statement shall set forth the name and
residence of each of the partners, including limited partners. If GRANTEE is a limited
partnership it shall.furnish:a.copy of its certificate. of limited partnership as filedwith the
County Clerk. If one or, more of the partners is a, corporation, the provisions of Subsection
A, above, pertaining to corporate GRANTEE shall apply.
C. If the GRANTEE is a. corporation, or partnership, GRANTEE shall designate one
of its officers or general partners to act as its responsible managing employee. Prior to
the Effective Date GRANTEE shall deliver to CITY proof of the designation of the
responsible managing employee pursuant to appropriate authority. The responsible
managing employee shall complete and sign all the statements required by this
Agreement.
D. If the GRANTEE is not a corporation or a partnership, the statement. shall set
forth the name and residence address of each and every owner possessing more than five
percent (5%) ownership.interest,.regardless of whether such ownership interest. consists
of stock or any other asset, tangible or intangible.
26. NOTICES
Any notice. required to -be given herein shall be in writing and shall be personally served
or given by mail. Notice by personal service shall be effective upon delivery. Any notice by
mail shall be deemed to have been given when deposited in the United States mails, certified and
postage prepaid, addressed to the party to be served, as follows:
To: CITY
TO GRANTEE:
Director of Public Works Christopher J. Culver
City of Huntington Beach Culver Amherst, LLC
2000 Main Street 141 Fifth Avenue, 11 th Floor
Huntington Beach, CA 92648-2702 New York, NY 10010
27. ASSIGNMENT, SUBCONTRACTS
The GRANTEE shall not subcontract, assign, sell, encumber or otherwise transfer its
rights and obligations under this Agreement without the prior written consent of the CITY.
Approval shall not be unreasonably withheld. Any attempted transfer without the CITY'S prior
written consent shall be void and shall, at the option of the CITY, terminate this Agreement.
16
g:jmp/agree/culver/4/29/99
28. AMENDMENT; WAIVER
This Agreement shall not be amended except by a written instrument signed by the
parties. No failure or delay of either party in the exercise of any right given to that party pursuant
to this Agreement or given to that party by operation of law shall constitute a waiver of that right,
nor shall any, single or.partial exercise,of:that right preclude any;otheufurther;exercise.of that
right or of any. other:right. No waiver -shall be -effective: unless the:waiver..'is:exeeuted in writing <
and delivered to the other.:party in with the notice provisions, of this Agreement.
29. INDEPENDENT CONTRACTOR
GRANTEE shall perform all .services required herein as anindependent contractor of
CITY and shall -remain at all' -times as to CITY a wholly independent contractor and not an
employee of CITY. CITY shall not in any way or for any purpose become or be deemed to be a
partner of GRANTEE in its business or otherwise, or a joint venturer, or a member of any joint
enterprise with GRANTEE.
30. LEGAL ACTIONS
The Municipal and Superior Courts of the State of California in the County of Orange
shall have the exclusive jurisdiction of any litigation between the parties arising out of this
Agreement. This Agreement shall be governed by, and construed under, 'the.laws of the State of
California. Therights.and remedies of the partie& are:cumulative and the exercise.by either party
of one or more of -such rights -or remedies :shall not preclude the exercise by it, at he same or
different times, of any other rights or remedies for the same default or any other default by the
other party. Service of process on CITY shall be made in the manner required by law for service
on a public entity. Service of process on GRANTEE shall be made in any manner permitted by
law and shall be effective whether served within or outside of California.
31. NON -LIABILITY OF CITY OFFICERS AND EMPLOYEES
No officer, official, employee, agent, representative, or volunteer of the CITY shall be
personally liable to the GRANTEE, or any successor in interest, in the event of any default or
breach by the CITY, or for any amount which may become due to GRANTEE or its successor, or
for breach of any obligation of the terms of this Agreement.
32. INTERPRETATION; SEVERABILITY
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply. The Section
headings are for purposes of convenience only, and shall not be construed to limit or extend the
meaning of this Agreement. Each provision of this Agreement shall be severable from the
whole. If any provision of this Agreement shall be found contrary to law, the remainder of this
Agreement shall continue in full force.
g:jmp/agree/culver/4/29/99 17
33. EXTENT OF AGREEMENT
This document represents the entire integrated Agreement between the CITY and
GRANTEE. All prior negotiations, representations, or agreements, either written or oral, are
merged Jnto and superseded,by.this Agreement. GRANTEE and; CITY expressly, agree.that,no
additional terms or conditions exist that affect ,this Agreement and that:are.not contained in this
Agreement.
34. ATTORNEY'S FEES
In the event suit is brought by either party to enforce the terms and provisions of this
agreement or to secure the performance hereof, each party. shall bear its own attorney's fees.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized offices the day, month and year first above written.
CULVER AMHERST, L.L.C.
By:
_ 0i 0j"'
Christo her J. Culver, President
D
By:
print name -
ITS: circle one) SecretaryChief Financia
Officer Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
Cit�Administrator
g:jmp/agree/culver/4/29/99
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of
California
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
R City Attorney L MX4' fcr� �
INEl) AND APP VED:
Director of Public Works
EXHIBIT A
HUNTINGTON BEACH PUBLIC WORKS DEPARTMENT
REQUEST FOR PROPOSAL
For TRANSIT ADVERTISING SERVICES
February 5, 1999
The City of Huntington Beach invites your proposal for TRANSIT ADVERTISING
SERVICES per the attached Proposal Terms and Conditions and Scope of
Service.
CLOSE TIME AND DATE
Your signed Proposal must be submitted in a sealed .envelope marked "RFP#990305-2" prior
to:
Time: 4:00 P.M.
Date: March 5, 1999
Submit five (5) signed copies of your entire proposal to the following address:
City of Huntington Beach
Purchasing Division
2000 Main Street
PO Box 190
Huntington Beach CA 92648
Request for Proposal # 990305-2
LATE PROPOSALS WILL NOT BE ACCEPTED.
FAXED PROPOSALS WILL NOT BE ACCEPTED.
1
PRE -PROPOSAL MEETING
A pre -proposal meeting will be held to answer any questions.
Time: 1:30 - 3:00 P.M.
Date: February 16, 1999
Location: 2000 Main Street, Huntington Beach, Room B-8
OPENING
Please note there will be no public opening of proposals. Prices and other proposal information shall
not be made public until the proposal is awarded. At that time the executed contract will become public
information.
Additional information may be obtained by contacting Richard Amadril at (714) 536-5521
EXAMINATION OF PROPOSAL
Each vendor is responsible for examining the Request for Proposals and submitting its proposal
complete and in conformance with these instructions.
DISCREPANCIES IN PROPOSAL DOCUMENTS
Should vendor find discrepancies in or omissions from the Request for Proposals, or if the intent of the
Request is not clear, and if provisions of.the specifications restrict vendor. from submitting a proposal,
they may request in writing that the deficiency(s) be modified. Such request must be received by the
City's Purchasing Central Service Manager three (3) days before proposal opening date. All vendors
will be notified by addendum of any approved changes in the Request for Proposal documents.
ORAL STATEMENTS
The City of Huntington Beach is not responsible for oral statements made by any of their employees or
agents concerning this Request for Proposals. If the vendor requires specific information, vendor must
request that the City of Huntington Beach supply it in writing.
RIGHT TO REJECT
City reserves the right to reject at any time any or all proposals, or parts thereof, and to waive any
variances, technicalities and informalities which do not impair the quality, utility, durability, or
performance of the items.
FORM OF PROPOSAL AND SIGNATURE
The proposal must be made on this form only. The proposal should be enclosed in a sealed envelope,
showing the Request for Proposal # in the lower left corner and addressed to the City of Huntington
Beach, 2000 Main Street, Huntington Beach CA 92648, Attn: Purchasing. This bid must be signed by
an officer or authorized employee. Proposals may be rejected if this form is not signed.
jmp/busshe1t/rfp/02/04/99�
SUBMISSION DATE AND WITHDRAWAL OF PROPOSALS
Each proposal must be delivered to the City of Huntington Beach, 2000 Main Street, Huntington Beach
CA 92648, Attn: Purchasing and received on or before the due date and time stated. Proposals must
be withdrawn without prejudice, providing the Purchasing Division receives the written request no later
than the time set for opening proposals. Withdrawals will be returned to vendor unopened. FAXED
PROPOSALS ARE NOT ACCEPTABLE.
SELECTION PROCESS
"The method by which the City will select for this effort is as follows:
Proposals will be reviewed by the Selection Committee, and a determination will be made as to
who is to be interviewed by the Selection Committee".
After selection of the successful vendor, the City will negotiate final contract terms.
The Selection Committee will judge proposals on the following criteria:
Revenue to City 7O
Ability of vendor to perform contractual obligations. I
Appropriateness and acceptability of approach and workplan.
Qualification/Knowledge of and experience with similar projects. ;�-O
CITY INFORMATION
The City has a population of approximately 190,000 and covers 28 square miles. Based on
population, this makes Huntington Beach the third largest city in Orange County and the 15th
largest city in the State of California. The City has 81/2 miles of beaches and was host to over
11 million visitors in 1997. The City currently has 473 bus stops.
The City is requesting proposals to enter into a non-exclusive franchise agreement for the
provision of transit advertising services in the public -right-of-way. Proposals will be accepted
from qualified transit advertising services companies. The City reserves the right to request
and have installed and maintained, additional non -advertising bus shelters or non -advertising
bus benches as it deems appropriate.
Transit advertising services can potentially be placed anywhere a bus stop, as identified by the
Orange County Transit Authority, exists in the city. See Map #1 attached. However, HB
Municipal Code Section 12.36.030 restricts advertising in the Coastal Zone and the Downtown
Specific Plan area and will not be allowed in the Downtown Specific Plan area (Map #2A) or
the Coastal Zone (Map #213). In addition, the proposal must conform to the additional
regulations set forth in HB Municipal Code 12.36 attached.
3
jmp/bussheltHp/02/04/99
REQUIRED INFORMATION
The undersigned certifies that he or she has read all documents related to this Request and
understands all terms and conditions expressed in the Request for Proposal (RFP) and related
documents. With that understanding, the undersigned proposes to the City of Huntington
Beach the following:
1. Introduction. Describe your understanding of the proposed project. • Identify the primary
vendor, if this is a joint proposal, and: describe that.firm's qualifications and relevant
experience for completing the proposed Scope of Services. Identify all joint applicants and
subcontractors and briefly discuss their qualifications and. relevant experience for
completing the proposed project.
2. Personnel. Identify the Project Manager, key personnel, subconsultants, and sub-
contractors to be assigned to the project and their qualifications and relevant experience,
including past business affiliations related to this industry, titles and years spent with prior
companies. The designated Project Manager shall be the primary liaison with the City for
the duration of the contract. The designated Project Manager shall function in this. capacity
as long as he/she remains employed by the firm.
3. Describe your proposed methodology for accomplishing the goals of the City of Huntington
Beach. Applicants are encouraged to recommend alternatives, which may enhance
the overall quality of the project.
4. References. Provide.name and, phone numbers of three references that, are currently
using the.service requested in this RFP. Select a mix of, long-standing and recent
customers.
5. Background. Each vendor shall submit with their proposal copies of their annual financial
reports for the past three (3) years. These reports will be used by the City to determine the
financial strength of the vendor.
6. Provide a photograph of the type of transit advertising services that you would like to install
and you think would complement the City of Huntington Beach and improve the
streetscape. Include specifications of shelter and/or bench.
7. How long has your company provided the services being requested in this RFP? Be
specific as to the types of services provided (e.g. Shelters vs. benches).
8. Specify the number of customers using your service. Provide a list of all the cities you are
currently doing business with as well as a contact person and phone number.
9. Identify other public entities, which are receiving similar services from vendor. Describe the
length of the relationship with the entity, the method of compensation, and the number of
months the entity received the guaranteed minimum monthly payment and/or the
percentage of gross advertising revenue during the length of the relationship.
10. Maintenance Schedule. Describe the maintenance and repair schedule consistent with the
requirements set forth in the proposed franchise agreement attached to be implemented
upon installation of the transit services. Identify inspection schedules, response times, and
any subcontractors who may be used to meet the maintenance duties of the vendor.
jmp/busshe1drfp/02/04/99 4,f�
11.Installation Schedule. Describe the methodology and schedule of installation of services
upon execution of the agreement, incorporating the terms and conditions of the existing
agreements attached hereto. Identify when installation will begin, how long services -Will be
unavailable, and when the initial annual payment will be submitted pursuant to paragraph
15 of the franchise agreement.
12. Compensation. Identify the ,proposed "COMPENSATION JO CITY (as defined in the
proposed Agreement). The compensation is on a per month basis foreach advertising
shelter plus a non -advertising bench, an advertising shelter.only, or an advertising bench
only, and must be provided in the spaces below.
Contract
Year
Guaranteed
Minimum Monthly
Payment (Shelter +
Non Ad Bench)
Guaranteed
Minimum Monthly
Payment (Shelter
Onl
Guaranteed
Minimum Monthly
Payment (Ad Bench
Only)
Plus, Percentage Of
Gross Advertising
Revenue
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Potential
Extension
Year 11
. Year 12
Year 13
Year 14
Year 15
13. The City may request the expansion of the proposed program to include additional non -
advertising bus shelters and/or non -advertising bus benches. Applicants are required to
identify the "cost" of the installation and maintenance of additional non -advertising shelters
and/or non -advertising bus benches as a reduction in the Guaranteed Minimum Payment.
The proposed reduction for each new, non -advertising shelter and/or non -advertising
bench must be provided in the space below. Also include the proposed reduction fora
group of non -advertising shelters and/or benches as shown below.
$----------------------- for addition of a single non -advertising shelter
jmp/busshe1Vrfp/02/04/99
$----------------------- for addition of a single non -advertising bench
$----------------------- for addition of a group of 1 -10 non -advertising shelters
$----------------------- for addition of a group of 1 -10 non -advertising benches
$----------------------- for addition of a group of 11 - 20 non -advertising shelters
$----------------------- for addition of,a group of 11 -.20 non -advertising benches
$----------------------- for addition of a .group of 21 30 non -advertising shelters
$----------------------- for addition of a:group of 21 - 30 non -advertising benches
$----------------------- for addition of a group of 31 - 40 non -advertising shelters
$----------------------- for addition of a group of 31 - 40 non -advertising benches
$----------------------- for addition of a group of,41 - 50 non -advertising shelters
$----------------------- for addition of a group of 41 - 50 non -advertising benches
$----------------------- for addition of a group of 51 - 60 non -advertising shelters
$----------------------- for addition of a group of 51 - 60 non -advertising benches
$----------------------- for addition of a group of 61 - 75 non -advertising shelters
$----------------------- for addition of a group of 61 - 75 non -advertising benches
$----------------------- for addition of a group of 76 - 100 non -advertising shelters
$----------------------- foradditionof a group of.76 - 100 non -advertising benches
14. Vendor Information
Signature
Printed Name
Firm Name
Address
City/State
Phone
FAX
Date
E-mail Address
Website URL
PLEASE ATTACH PROPOSAL AND ANY ADDITIONAL DOCUMENTS TO SUPPORT THE
INFORMATION PROVIDED ON THIS SHEET. APPLICANTS ARE ENCOURAGED TO
RECOMMEND ALTERNATIVES WHICH MAY ENHANCE THE OVERALL QUALITY OF THE
PROJECT.
6
jmp/busshe1t/rfp/02/04/99
49�0
DATE: 7-31-98
MAP '# 1
CITY OF HUNTINGTON BEACH -lj
DEPARTMENT OF PUBLIC WORKS
HUNTINGTON BEACH
K
DATE: 7-31-98
CITY OF HUNTINGTON ~ BEACH JJ. �
DEPARTMENT OF PUBLIC WORKS low
MAP #2A
DOWNTOWN SPECIFIC
DATE: 7-31-98
MAP #2B
CITY OF HUNTINGTON BEACH �-�� iff
DEPARTMENT OF PUBLIC WORKS'
COASTAL
Huntington Beach Municipal Code 12.36.010--12.36.030(e)
Chapter 12.36
i BENCHES, TELEPHONE BOOTHS, AND OTHER PUBLIC SERVICE ITEMS
(581-4/52, 2292-8/78, 2574-10/82, 2935-4/88, 3401-10/98)
Sections:
12.36.010 Definitions
12.36.020 Franchise/Agreement
12.36.030 Limitations on Advertising. in Public Rights -of -Way
12.36.040 Locational Criteria --Telephone Booths
12.36.010 Definitions. In this chapter,. unless from the. context a different meaning is intended,
or unless a different meaning is specifically, defined and more particularly directed :to the.use of
such words:
(a) 'Bench" means a seat located upon public property, along any public way, for the
accommodation of passersby or persons awaiting transportation. (2935-4/88)
(b) "Street" means any public thoroughfare or way including the sidewalk, the parkway and any
other public property bordering upon a public way. (581-4/52, 2935-4/88)
12.36.020 Franchise/Agreement. No person shall install or maintain any bench, transit shelter,
telephone booth or other public service item which incorporates advertising panels on any street
unless installed in accordance with a franchise agreement granted by the City Council. The
provisions of this section shall not be construed to prohibit the installation and maintenance of
benches, transit shelters, telephone booths or other public service items without advertising .
panels on any street, provided that a permit for each.item has been obtained pursuant to section
=12.12.020 of the Municipal Code.
Any bench which is in violation of the provisions of this section at the time of adoption of this
ordinance shall be removed within thirty (30) days of the effective date of this ordinance.
(581-4/52, 2292-8/78. 2574-10/82, 2935-4/88)
12.36.030 Limitations on Advertising in Public Rights -of -Way. The following regulations
shall limit advertising copy panels which are placed within the public right-of-way in accordance
with this chapter and Section 12.12.020 of the Municipal Code:
(a) Advertising shall be limited to product or service identification and to businesses which are
not located on adjacent properties. Copy which includes arrows or directions to a location
shall be prohibited.
(b) No advertising for cigarettes or alcoholic beverages shall be permitted.
(c) The maximum allowable advertising copy shall be two, twenty-four (24) square foot panels
for bus benches/shelters. For telephone booths or structures, the maximum shall be two,
eight (8) square foot panels.
(d) In conformance with the City's Coastal Element, public service items located within the
Coastal Zone shall not contain advertising for private businesses or services.
(e) In conformance with the City's Downtown Design Guidelines, public service items located
within the Downtown Specific Plan area shall not contain advertising for private businesses
or services.
10/98
I J
Huntington Beach
February 22, 1999
CITY OF HUNTING`I'ON BEACH
2000 Main Street Huntington Beach California 92648
CENTRAL. SERVICE DIVISION
This is addendum #2 to the Request for Proposal for Transit Advertising Services,
RFP#990305-1. Below are the following changes:
1. "General Traffic Engineering criteria for the location of transit advertising services
& Design Concept" is an addition to the original Request for Proposal.
2. Within the Franchise Agreement on page 9 "#11. ADVERTISING STANDARDS" has
changes on C. #4 per attached.
3. On page 5 of the proposal, "112. titled Compensation", please fill out the new
compensation section attached.
Everything else will remain the same.
Sincerely,
Marilyn Goldstein
/mg
Addend2.doc
n
Aso
02/22/99 12.52 PM
��
General Traffic Engineering criteria for the location of transit
advertising services.
Transit advertising services can potentially be placed anywhere a bus stop, as identified
by the Orange County Transit Authority, exists in the city. In addition to the criteria
mentioned in the RFP, the shelter shall not block the visibility of driveway
ingress/egress or business signage.
Design Concept
Although design concepts are discussed in the RFP, the City is open to alternative
design concepts which may enhance the overall quality of the project. Changes in
design concepts shall be discussed with and approved by City staff.
�� kA0
4
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall.conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. . Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products. Boor an , ine advei4isi. ^ ;0
weeptable:
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3)
four -week segments each year for ten (10) years.
d
g:jmp/busbench/busshelt/2/21/99 t-"
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required. on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP"; "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products.
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3)
four -week segments each year for ten (10) years.
0J
g jmp/busbench/busshelr/2/21 /99
12. Compensation. Identify the proposed "COMPENSATION TO CITY" (as defined
in the proposed Agreement). The compensation is on a per month basis for each
advertising shelter plus a non -advertising bench, an advertising shelter only, or an
advertising bench only, and must be provided in the spaces below.
Contract
Year
Guaranteed Minimum
Monthly Payment
(Shelter + Non Ad
Bench
Guaranteed Minimum
Monthly Payment
(Shelter Only)
Guaranteed Minimum,
Monthly Payment (Ad
Bench Only)
OR, Percentage Of
Gross Advertising
Revenue
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Potential
Extension
Year 11
Year 12
Year 13
Year 14
Year 15
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EXH-IBIT B
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T iHu t�rfgton Beach, CA 92648
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PROPOSAL Tr TEDY BY
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Fifth Avenue
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�C U LV E R AM`HEJR°ST, LLC'
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CULVER
ASSOUATIS. LTD.
March 5, 1999
City of Huntington Beach
Purchasing Division
2000 Main Street
Huntington Beach, CA 92648
Re: RFP for Bus Shelters & Bus Benches
Dear Selection Committee:
Thank you for the opportunity to participate in .this Request for Proposal for bus shelters and
benches in Huntington Beach. The executives and staff members at Culver Amherst bring
a high level of operational and sales experience in the bus shelter business.
Our Project Manager and main contact for this RFP is John Hall, Vice President of the Western
Region. Please contact John by -telephone at (949) 766-5701 or fax (949) 766-3731.
We look forward to working with you in developing a successful bus shelter program:in
Huntington Beach. I believe you will find that the Culver Amherst programdescribed in this RFP
response provides the City of Huntington Beach with the highest quality street furniture available
and a solid financial package comprised of several innovative components, each designed to
maximize revenue to the City.
Sincerely Yours,
Chri opher J. Culver
President
141 FIFTH AVENUE 11TH FLOOR NEW YORK, NY 10010 212.473.5600 FAX 212.505.6899
ADVERTISING • COLLATERAL • MEDIA PLANNINGIBUYING • DIRECT MAIL • MULTIMEDIA • PROMOTION
Introduction
Installation Schedule
Compensation
r
COMPANY OVERVIEW
CULVER AMHERST
CULVER AMHERST is a rapidly growing shelter advertising company known for innovation and
- excellence in the development of out -of -home media properties. Culver Amherst specializes in
municipal transit advertising, newsracks, wayfinding, mall advertising programs and sponsorship
opportunities.
The Culver Amherst management team has been involved in the development of street fumiture
programs for 23 years, starting in 1976 with William Paray's development. of shelter programs in the
state of Connecticut. In 1983, Chris Culver and John Hall pioneered the first public/private bus shelter
program on the West Coast under the Shelter Media name, building approximately 1,000 shelters in
the Los Angeles Market. Shelter Media was sold to Gannett in 1988.
Through a recent acquisition, Culver Amherst has re-established its roots in Orange County and
currently operates over 70 shelter displays in Orange County as well as a shelter
manufacturing operation in Santa Ana. Our Orange County based management team dates
back to 1985, when Shelter Vision was formed by David and Aaron Ravo. Now a part of the Culver
Amherst team, the Ravo's manage, under the direction of John Hall, the firm's bus shelter
manufacturing, installation and maintenance facility in Santa Ana. By operating its own manufacturing
facility in Orange County, Culver Amherst is able to maintain tight control over product quality and.
provide rapid response for repairs and upgrades in the field.
In addition to participating in RFD's for bus shelters and benches throughout the state of California,
Culver Amherst currently operates a long-term contract to manufacture, install and maintain advertising
displays at Union Station in Los Angeles. The firm has also secured the rights to sell sponsorships and
advertising throughout the City of Long Beach in conjunction with its partner, SMG, which operates
the Long Beach Convention Center and Long Beach State
Culver Amherst currently owns and operates over 1,400 advertising shelters and benches as well
as 200 non -advertising shelters in the Tri-State area of New York, New Jersey and Connecticut.
The Company's Tri-State operation covers a population base of over 4 million people and includes
agreements with over 45 municipalities. The Company is also developing new street furniture
programs in Washington DC and Maryland. In New York City, Culver Amherst owns the
exclusive rights to transit advertising on double-decker buses. It also is the largest operator of wall -
mural advertising sites in Manhattan.
The firm is headquartered in New York City and has field offices in New Jersey, Long Island,
Connecticut, Los Angeles and Orange County. It has also reserved a space for sales, operations and
maintenance at 15400 Graham Street in Huntington Beach in preparation for the awarding of the bus
shelter contract.
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
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Key Personnel
Biographical Information
Christopher J. Culver
President
Mark Van Fossan
Director
Franchise Development
Paul Theisen
Executive Vice President
John Hall
Vice President/ Western Region
Project Manager
Mike Culver
Vice President
Director of Sales
David Ravo
Manufacturing & Operations
Orange County
Aaron Ravo
Manufacturing & Operations
Orange County
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Christopher J. Culver
President
Chris Culver brings more than his name to Culver Amherst, L.L.C. His experience with out -of home
and other media forms began in 1983 in Los Angeles. It Was -there that Culver launched a new out -of -
home media company, Shelter Media, creating bus shelter advertising in the U.S. As Executive Vice
President, he quickly built Shelter Media into a multi -million dollar company and sold it to Gannett
Outdoor in 1988.
After the Gannett acquisition, Culver went on to expand his knowledge of marketing and media when
he formed a marketing and sales company that developed signage in National Football League
stadiums and created new sales venues for the California Lottery. Culver's expertise went
international shortly thereafter when he assisted in the launch of the UK Charity Lotteries, the first
major lottery in Great Britain. Culver supervised over 125 sales specialists in London that secured
6,500 CTNs, pubs and supermarkets to sell the new lottery and produced in excess of $100 million
for this venture in the first year.
Culver's next challenge brought him back to New York in 1991 where he was asked.to rebuild another
media company. As Executive Vice President and Director.of Marketing Sales at TDI, Culver
redefined sales and marketing and in three years grew revenue to $175 million annually, up from $110
million. TDI is one of the strongest media companies in the country today.
Upon forming his own firm in 1994, Culver proceeded to secure the rights to several municipal transit
shelter franchises. In 1998, Culver Associates acquired Amherst Media to form Culver Amherst,
LLC. Under the Culver Amherst banner, Mr. Culver has formed a strong management team, focused
on the development of progressive, high quality bus shelter and bus bench programs. With street
furniture franchises in New York, New Jersey, Connecticut and California, Culver Amherst is -
recognized as a leader in its field.
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Paul Theisen
Executive Vice President
Paul Theisen's background and qualifications include over ten years of sales, marketing and business
development experience. He currently serves as Executive Vice President of Culver Amherst, L.L.C.
As a founding partner of,the firm, Theisen has been instrumental in securing media properties and has
led the firm's effort to win municipal advertising franchises across the United States.
In addition to ongoing franchise expansion efforts, Theisen is actively involved with designers,
manufacturers and municipal, administrators in the development of new street furniture products,
including next -generation bus shelters. -bus benchesVinformational kiosks.:and wayfinding systems.
Theisen's prior experience includes over seven years in the sporting goods industry, from 1988 to
1995. As Director of International Sales & Marketing at Cybex, a leading manufacturer of fitness and
sports medicine products, he built a worldwide distribution network with representation in over 60
countries, and established subsidiaries in Germany, Belgium and Japan. He has also served as a
retained consultant to manufacturers, marketers and import/export firms in the sporting goods industry.
Theisen holds a Bachelor of Arts degree from the University of San Diego, and an Masters degree in
Business from'the American Graduate School of International Management.
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
John Hall ,
Vice President/ Western Region
Project Manager
Mr. Hall began his career in the outdoor industry as V.P of operations and Public Relations.for Shelter
Media Inc. In the early 80's, he was a key figure in -the. acquisition of the Los Angeles transit shelter
.and bench franchise which ultimately lead to the installation and maintenance of over 1000 structures in
the southern California market. This market became the most successful and publicly accepted program
in the country, based on the foundation set by Hall.- His ability to attract major advertisers in the Motion
Picture and Apparel industries led to the overall acceptance and ultimate success of the medium on a
national level.
In 1998, Gannett's outdoor division purchased Shelter Media and its holdings. Gannett appointed John
as Transit Coordinator for all of Southern California. His responsibilities included inventory control,
national accounts supervision and Public affairs. In 1993, John was promoted to Director of Transit
and given the task of reviving their San Diego market. For the next three years, record sales were
achieved.
In 1996, Outdoor Systems purchased Gannett's outdoor division. John was retained as their Director
of Transit in charge of Public Affairs. His expertise and dedication made it possible to secure additional
key properties for Outdoor Systems. In 1997, John was given the additional position as Director of
Outdoor System's nation mall properties consisting of over 700 malls nationwide. Again his abilities,
and dedication made it possible for further expansion and higher profitability.
In 1998, Culver Amherst opened a West Coast office. John Hall was hired as Vice President/Western
Region. Based in Orange County, Hall currently oversees the expansion of Culver Amherst's business
in California and other western states.
Culver Amherst, LLC-
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Michael Culver
Vice President / Sales
Mr. Culver has over 12 years of transit advertising sales experience. He began building the Los Angeles
bus shelter advertising franchise with. Shelter Media in 1985 as an Account Executive and then moved to
Phoenix to build that franchise until Shelter Media was purchased by Gannett in 1988.
After returning to LA to as Sr. Account Exec. for Gannett, Mr. Culver was hired as National Sales
Manager for Metro Displays, a transit media company with over 2,500 displays nationwide.
In 1990, while National Sales manager for the Atlanta shelter franchise, Michael organized and handled
national sales for a network of independent transit markets including Atlanta, St. Louis, Ft. Lauderdale,
West Palm Beach, Cincinnati, Portland, Connecticut, Orlando, Tulsa and suburban San Francisco.
Michael's last stop before Culver Amherst was with P & C Media, the second largest bus advertising
company in the country with 15 markets. Mr. Culver served as Vice President of National Sales and
was responsible for a 30% growth in sales from 1996-1997.
As V.P. of Sales for Culver Amherst Mr. Culver is responsible for all aspects of sales and marketing,
overseeing both local and national sales representatives and managing national accounts for all Culver
Amherst properties.
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
I
David Ravo
Aaron Ravo
Manufacturing & Operations
With over 14 years of experience in the bus shelter business in Orange County, David
Ravo and Aaron Ravo bring a wealth of knowledge to Culver Amherst and its -,proposed
program for Huntington Beach. As founders of Shelter Vision in 1985, David and Aaron
built a bus shelter franchise in Orange County which was acquired in 1996 by Eller Media.
In addition to building 70 new bus shelter advertising panels throughout Southern
California, the Ravo's have also been designing and manufacturing bus shelters since
1994 at a manufacturing facility in Santa Ana.
n�
Culver Amherst, LLC l
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Huntington Beach Shelters & ]Benches
Proposed Methodolg_U
Culver Amherst has reviewed the scope of work as described in the Request for Proposal
and agrees to comply with all terms and conditions contained therein. Culver Amherst's strategy
for developing and maintaining a successful bus shelter and bench program in Huntington Beach
is based upon, but not limited to, the following:
I. MAINTENANCE, SERVICE & REPAIR
Local Office & Crews
Culver Amherst will base its service and local sales operation in the City of
Huntington Beach and has a lease pending for space at 15400� Graham Street. Repairs
will be handled quickly and efficiently through the stocking of parts and equipment at the
office, in vans and at the manufacturing facility in Santa Ana.
Service vans will be stocked with all materials required for daily cleaning and maintenance.
This includes all cleaning products, hardware, glass panels, toolbox, power tools,
generator, posters, lamps and extension cords. Brand new vehicles will be leased for the
Huntington Beach crews and all personnel will carry Company identification at all times.
Service Routes & Routing Analysis
Immediately following the installation of a bus shelter or bus bench, a crew
will visit the site every day for a 30-day period. This will allow the
Company to establish a maintenance requirement profile and thereby plan
out the most efficient routes for the service team. All shelters and benches will
be visited a minimum of twice per week. Those sites requiring extra attention will be
serviced more frequently. Scheduling of service crews will be based on the results of initial
and ongoing route analysis in Huntington Beach.
Managing Complaints
Complaints Management will be handled through the following methods:
• A service number will be established in Huntington Beach for complaints,
emergencies and sales inquiries. The line will be staffed 24 hours per day and the
number will be posted in a noticeable yet attractive fashion on the front of each
shelter and bench. This line will be in place prior to the installation of the first unit.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Complaints will be logged by the Project Manager and reviewed on a frequent and
regular basis. The Company will respond to routine complaints related to shelter or
bench installations within 24 hours.
Serious or urgent complaints will receive a response as soon as is physically
possible and no later than 24 hours from the time of first receipt of complaint.
These types of complaints may require the Project Manager to confer with.City
personnel prior to responding to complaining party.
A Complaint and Comment log will be kept in Culver Amherst's office. Copies of
the complaint log will be made available to the City if requested.
II. MANAGEMENT & OPERATIONAL CONTROL
Controlling Signage Inventory
Culver Amherst manages signage inventory through the use of a computerized database
tracking system, developed in-house specifically for outdoor advertising applications.
Every sign unit in the inventory pool is assigned an identification number, which is linked
to a database indicating the sign's position, size, price and current status, ie. sold until
date to (advertiser) at ($rate). The database will also indicate every sign's respective
vehicle number and contract number. This tracking system allows us to analyze inventory
on a real-time basis and maximize revenue through efficient inventory management. A
timeline graph is also generated, allowing the sales force to visually check on available
inventory on a daily basis.
InstallinF4 Advertising Signs
Signs will be installed by an employee of Culver Amherst. Employees will ensure that signs
are installed on a timely basis and in a professional manner. An installation log will be
maintained by Culver Amherst and will be available for review by the City upon request.
'Quality Control
Culver Amherst seeks to maximize revenue generated to the City of
Huntington Beach under this contract. By focusing on the overall quality
of the installation of advertisements and the cleanliness of the signage, the
Company has developed a reputation for developing showcase properties. It
is our intent to maintain a high level visual presentation by installing well -designed capital
equipment and by insuring the frequent cleaning of signs and rapid replacement of torn or
defaced signs. All bus shelters will be illuminated.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
III. MAXIMIZING ADVERTISING SALES
_ Culver Amherst and its principles have extensive experience in installing, maintaining and,
in particular, selling outdoor advertising in over one hundred markets across the United
States. The key to our success lies in four key areas of our approach:
Dedicated Sales Force
Culver Amherst has developed its own dedicated local sales force, and is
thereby able to present Huntington Beach bus. shelter and bench media in
the best possible light. In order to maintain the highest standards in its .presentation to
clients, the firm does not use outside reps or brokers. By combining the efforts of
an experienced local sales force with the Company's strong national sales
staff, we are able to maximize revenue to the City. In selling advertising space,
Culver Amherst always seeks to strike a balance between local, regional and national
advertisers in the market. We anticipate local advertisers to represent approximately 60%
of the advertising revenue. Currently the city appears to have approximately 10% local
advertisers.
Help Advertisers Achieve Their Goals
Culver Amherst is a marketing -oriented advertising company. Before selling any media
form, we analyze the advertisers' sales and marketing goals.
A beverage company may be seeking to increase the number of cases sold to a certain
demographic group or may be looking to increase its distribution at the retail level. When
selling bus shelter advertising to such an advertiser, it is important to understand these
marketing challenges and demonstrate during sales presentations how our medium reaches
the consumer where they work, shop, eat and play.
We show advertisers how bus shelters penetrate the local market and bring the client's
message into the busy commercial neighborhoods of the city. Unlike radio and TV, you
can't turn the channel. Unlike newspapers and magazines, you can't turn the page.
Pursue Client's Entire Media Budget
Unlike most outdoor advertising companies, Culver Amherst does not limit itself to
discussing outdoor advertising budgets with clients. Instead, we analyze their entire media
budget and outline how their radio, television and print budgets can be shifted toward
outdoor advertising, thereby providing them with a more powerful media plan at a lower
overall cost.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Develop New Categories
In the early 1980's, when outdoor advertising was dominated by tobacco and alcohol
accounts, the firm's key executives were instrumental in developing new categories,
including fashion, entertainment and health care products. Culver Amherst has recently
sold programs to governmentagencies, movie studios, intemet companies and world
renowned artists. These are examples of justsome of the new categories we pursue in
conjunction with more traditional advertising categories. By developing new categories,
the Company is assured of future growth.
Maintain the Highest Standards in Design & Maintenance
In building outdoor media properties, Culver Amherst seeks to create premier shelter and
bench advertising franchises by maintaining the highest standards in the industry not only in
advertising clientele but in the aesthetics, operation and maintenance of the plant. By
building showcase properties, the Company has developed a reputation as a high quality
operator.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
�G'
G
References
Name:
Michael Licitra
Title:
Planning Dept.Supervisor
Organization:
Nassau County Planning Commission
Telephone:
516-571-5924
Franchise:
Long Island Bus Shelters
Name:
Hayim Grant .
Title:
Vice President
Organization:
New York Apple Tours
Telephone:
212-944-9700
Franchise:
Transit advertising - bus exteriors
Name:
Katherine Rice
Title:
Director of Cultural Affairs
Organization:
City of Los Angeles
Telephone:
(213)-485-8529
Franchise:
Los Angeles bus shelters
Name:
Moira McNulty
Title:
Transit Director
Organization:
Stamford Transit District
Telephone:
(203) 977-4610
Franchise:
Connecticut bus shelters
Name: Leonard Lepore
Title: Director of Transit
Organization: West Orange Township
Telephone: (973) 325-4160
Franchise: New Jersey bus shelters
Name: Chris Stark
Title: Vice President
Organization: Midwest Bankers Group
Telephone: (317) 581-1776
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Thomas IS Gulotta
County Executive
Nassau County Planning Commission
400 County Sent Olve
Mlneola,.N.Y. 11501 -4825
516.571.5844
Fix 51 "71-3839
December 3, 1998
Mr. Dan villella
Director of Finance
CITY.OF WJNTINGTON BEACH
2000 Main Street
Huntington Beach, California 92640
BY FAX: (714) 374-1571
Dear Mr. villella:
Paul F. Ponessa
Ovector
I regret that you were not able to receive my telephone call this afternoon,
but I hope that this letter will serve to answer your questions.
As you know, I am the administrator in charge of Nassau County's bus shelter
program. In February 1997, Nassau County awarded a contract to Culver Asso-
ciates to manage.:and maintain. our municipal bus shelter program-. :This conLrart.
was awarded with high expectations for :an improvement of amenity for our
transit riders as well as a substantial increase in revenue to -help defray the
operating deficits that are inherent is provision of public transportation.
In the less than t-o year period that Culver has had this contract, Nassau
County's expectations have been realised many times over. Culver has
rehabilitated approximately 100 shelters and 100 benches that the previous
vendor had permitted to fall into disrepair, and has introduced about 100 new
shelters and 100 new benches to the supply. All of this has been accomplished
in a very cooperative and enthusiastic manner., in a somewhat complicat.ed
environment of overlapping jurisdictions requiring many levels of approval.
All of Culver's facilities have been kept clean and properly maintained.
Apart from facility benefits to our bus riders, Nassau County's cash receipts
in the first year. of Culver's involvement were more than six times the amount.
received in any previous year from the former vendor. Given the program
expansion that has occurred over the past year, we expect to do even beLLer
this year. This is marked contrast to the efforts of the former vendor, whose:
advertising sales and Commissions to Nassau County were static over the
previous ten years.
Good luck in your bid solicitation. Please feel free to contact me it T can
provide further information or assistance in drafting your contract.
very truly yours,
Michael Licitra
Planner Supervisor
•`f: �L�'.�yy,.•« -. .�:.r•��aw r�tlLr+r)t�J.�-: _ :tom.
.®UT�O®R'
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SERVICES
Out -of -Home Meoia Specialists
137 Fifth Avenue - New York, NY 10010 -
Tel: 212-473-4141 o Fax: 212-529-9534
December 15, 1998
To whom it may concern:
Please accept this letter of recommendation for Culver Associates.
I have known Chris Culver for approximately 15 years dating back to when he built the bus shelter
advertising franchise in Los Angeles and Orange County in the mid-1980's. Their hard work and
dedication to the business has gained our respect and trust that our advertisers will be well
serviced by their company.
We have purchased millions of dollars worth of advertising from Culver during the past and we
look forward to doing considerable business in the future.
Our past and present client list includes:
• Polo/Ralph Lauren California Milk Advisory
• Amstel Seagrams
• Levis Chrysler
• Nike etc. etc.
Culver's return to Southern California will bring a welcomed, creative and innovative approach
back to the market. -
Best regar
Bob NyIan
President
19. (ENTIRETY
The foregoing sets forth the entire agreement between the parties. ,
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by and through their authorized officers the day, month and year first above written.
LICENSEE:
PATRICK TARGET MEDIA, a .
limited partnership,
By: PATRICK TARGET MEDIA, a
Delaware Corporation, general partner
print name
ITS: (circle one) Chairman/Presiden ice President
By.
.print name
ITS: (circle one Secretary hiefFinancial Officer/ sst.
SecretaryTreasurer
ATTEST:
� f�A�
City Clerk
CITY OF HUNTINGTON BEACH� A
municipal corporation of the State of
California
Mayor
APPROVED AS TO FORM:
(,2 - _ // -
;6,j0",'-,Att6rney
G � •30�i�
INITIATED AND APPROVED:
�e,�,. r, .vr4
Direct of Public Works
9
5NM,grecTatrickTarget Media106i29/94
i
LICENSE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
i SHELTER VISION MEDIA, .INC., dba SHELTERVISION
TO PROVIDE FOR TRANSIT ADVERTISING SHELTERS
i THIS AGREEMENT is made and entered into .this V day of Yeryl�r"
' 1994, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, hereinafter called CITY and SHELTERVISION MEDIA, INC., dba
SHELTERVISION, a California corporation, hereinafter called LICENSEE.
WHEREAS, the parties mutually desire that CITY permit LICENSEE to provide transit
advertising shelters in CITY and upon CITY sidewalks at locations approved by the Director of
Public Works of CITY.
NOW, THEREFORE, the parties covenant and agree as follows:
1. DURATION
This agreement shall remain in force until December 31, 1998, unless previously
terminated as hereinafter provided. This agreement may be extended upon mutual consent of
both parties.
2. COMPENSATION
LICENSEE shall pay to the CITY a fee of One Hundred Dollars ($100.00) per
month per shelter, or 15% of gross advertising revenue, whichever is greater. This minimum
per shelter fee will be increased by Five Dollars ($5.00) per year beginning January 1, 1995,
and by a same amount.each successive year on the first day of January during the term of this .
agreement. This minimum fee per shelter shall be payable quarterly (i.e. January 1st, April 1st,
July Ist and October 1st) in advance. Fees are non-refundable unless the CITY requests
removal of a shelter.
A listing will be provided to the CITY each quarter showing each shelter, the
advertisings, and revenue for that location. The listings will be due April 30th, July 31st,
October 31st and January 31st.
I
6/Wshefterl/10117194
Any additional monies due the CITY in excess of the annual minimum will be
paid no later than July 39st. Fees received after the due date are subject to 10% per month
penalty.
If fees are delinquent more than 60 days, the CITY may declare the contract
voided and order removal of all shelters.
The shelter and location covered by this license agreement are listed on
Exhibit "A" and made a part of this agreement.
LICENSEE may request additional shelter locations. The Director of Public
Works will determine if the location requested fills a need and grant additional locations. Such
new locations will be subject to the same expiration date and terms as this contract. All new
locations will require payment of all permits and fees as are established by ordinance or
resolution. In addition, a one-time fee of $500 will be required for each additional location.
Advance minimum fees for new shelters will be prorated to January 1 st.
Where more than one company requests the same location, the CITY will award
the locations alternately to each company.
3. NON-EXCLUSIVE RIGHT TO ERECT SHELTERS
The rights granted herein are not exclusive, and during the terms 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.
4. TYPE OF SHELTER
All shelters will include a bench, roof and side panels. Back and side panels will
be constructed of tempered bronze glass or a material authorized in writing by the Director of
Public Works. A map display case is desirable.
Shelters will be of approximately the following dimensions with a minimum of 4 feet
clearance between the shelter and the curb face.:
a. 17 feet in length
b. 5 feet in depth
2
6/Wsheheri/10117154
C. 8 feet, 6 inches in height -
Advertising panels are limited to two illuminated panels, with each display face
measuring no more than 48 inches wide and 72 inches high.
Shelter advertising panels and overhead roofing shall contain lighting to
illuminate the inner area of the shelter.
LICENSEE shall furnish and pay for all electrical connections and the energy
used and supplied to the shelters and shall indemnify CITY against any and all costs arising
from the use, maintenance and construction thereof.
Each shelter shall come equipped with one 22 gallon trash receptacle furnished
by the shelter company.
Shelters shall be illuminated from dusk to dawn. Solar powered shelters may
have reduced hours of illumination from dusk to midnight. Materials to be used.will be subject
to CITY approval. Materials should withstand corrosive elements and be finished to resist
graffiti. Typical materials will be aluminum, tempered glass, steel supports and polyesters.
Each shelter will clearly display identification; shelter company's name and
phone number and a CITY supplied shelter number.
Each shelter shall comply with all applicable government codes -and regulations
including design specifications as may be set forth by the CITY.
5. MAINTENANCE
.Each shelter and the immediate area around each shelter shall be inspected,
cleaned, and trash receptacles emptied not less than two (2) times per week.
Each shelter and bench and the immediate area'around each shelter and bench
shall be steam cleaned as needed but not less than twice each year.
If shelter or bench damage or vandalism is such that the public could be
exposed to a dangerous situation while in or near the shelter or bench, LICENSEE shall repair
or, if necessary, remove the entire shelter.or bench within twenty-four (24) hours of notification
6/Wshetterl/10117/94
and it shall be replaced and/or made fully operational at the same location within five (5)
working days after removal.
Graffiti and vandalism will be checked for during the twice weekly cleaning . .
operation. All graffiti found by such crews or by reports from citizens or the CITY will be
removed within five (5) working days. A twenty-four hour emergency telephone number shall
be supplied to the CITY.
6. PERMITS, FEES AND LICENSES
LICENSEE will obtain all permits and for business license and pay the costs and
fees regularly assessed by CITY.
7. TYPES OF ADVERTISING
LICENSEE shall utilize shelters only for advertising material and will not permit
obscene, indecent and vulgar advertising. No shelter may advertise tobacco products.
Alcohol advertising will be limited to beer and wine and no more than twenty percent (20%) of
the shelters will be allowed such advertising at any one time. No alcohol advertising may be
displayed within 500 feet of school, church or CITY park. LICENSEE 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 such determination.
LICENSEE shall make up to five percent (5%) of space available for public
service advertising. Public service advertising space is to be provided only when not rented to
an advertiser. •
8. SITE LOCATIONS
The location of shelters will be chosen by mutual agreement of the Public Works .
Director and an authorized representative of LICENSEE.
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, LICENSEE will remove and relocate such shelters and bear all costs of
restoring the sites and relocating each shelter.
4
6lfclshekerl/10/17/94
All shelters at new locations will be erected within sixty (60) days of CITY
approval.
9. INDEMNIFICATION AND HOLD HARMLESS
.LICENSEE hereby agrees to indemnify, defend, -and hold and. save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and
any and all losses or costs arising out of the negligent performance of this -Agreement by
LICENSEE, its officers or employees.
10. - WORKERS' COMPENSATION
LICENSEE shall comply with all of the provisions of the Workers Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of the California
Labor Code and all amendments thereto; and all similar state or federal acts or laws
applicable; and shall indemnify, defend and hold harmless CITY from and against all claims,
demands, payments, suits, actions, proceedings and judgments of every nature and
description, including attorney fees and costs presented, brought or recovered against CITY,
for or on account of any liability under any of said acts which may be incurred by reason of any
work to be performed by LICENSEE under this agreement.
LICENSEE shall obtain and furnish evidence to CITY of maintenance of
statutory workers compensation insurance and employers liability in an amount of not less than
$100,000 bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each
employee, and $250,000 bodily injury by disease, policy limit.
11. ' INSURANCE I
In addition to the workers' compensation insurance and LICJENSEE'S covenant
to indemnify CITY, LICENSEE shall obtain and furnish to CITY the following insurance policy
covering the services provided under this agreement:
A policy of general public liability insurance, including motor vehicle coverage. Said
policy shall indemnify LICENSEE, its officers, agents and employees, while acting within the
scope of their duties, against any and all claims arising out of or in connection with the services
6lWshelter1N0117/94 ��
provided herein, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of $1,000,000 per occurrence. Ifcoverage is provided under a
form which includes a*designated general'aggregate limit, the_aggregate limit must be no less
than $1,000,000. Said policy shall.name CITY, its officers, and employees as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be
applicable to the service provided herein, shall be deemed excess coverage and that
LICENSEE'S insurance shall be primary.
12. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED
ENDORSEMENTS
Prior to commencing performance of the work hereunder, LICENSEE shall
furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this agreement; said certificates shall provide
the name and policy number of each carrier and policy, and shall state that the policy is
currently in force and shall promise to provide that such policies will not be canceled or
modified without thirty (30) days prior written notice of CITY. LICENSEE shall maintain the
foregoing insurance coverages in force until the work under this agreement is fully completed
and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not
derogate from the provisions for indemnification of CITY by LICENSEE under the agreement.
CITY or its representative shall at all times have the right to demand -the original or a copy of all
said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums
on all insurance hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder. (a
��YO
6
Wshelterl/10/17/94
13. RESTORATION BOND
LICENSEE will post a $500 per shelter restoration bond. The bond may be in
the form of an irrevocable letter of credit, surety bond or in such form as approved by the City
Attorney.
14. NOTICES.
Any notice or special instructions required to be given in writing under this
agreement shall be given either by personal delivery to LICENSEE'S agent (as designated in
Section 1 hereinabove) or to CITY'S Director of Public Works as the situation shall warrant, or
by,enclosing the same in a sealed envelope, postage prepaid, and depositing the same In the
United States Postal Service, addressed as follows:
TO CITY. TO LICENSEE:
Director of Public Works David Ravo, President
City of Huntington Beach ShelterVision
2000 Main Street P.O. Box 49180
Huntington Beach, CA 92648 Los Angeles, CA 90049
15. TERMINATION/CANCELLATION
CITY may terminate this agreement for cause. LICENSEE shall be afforded a
pre -termination notice and opportunity to respond prior to any such termination.
LICENSEE shall have the right to cancel the contract or remove shelters for
reasonable cause. The CITY shall receive ninety (90) days prior notice to such cancellation.
All shelters that are removed due to cancellation or termination shall have. the location restored
to the original site condition acceptable to the Director of Public Works. The costs of all
restoration will be borne by LICENSEE. - -
16. SALE OR TRANSFER OF CONTRACT
It is of importance to CITY that the holder of this contract has both the industry
experiences and financial capability to carry out the terms and conditions of this .contract in a
7
6/Wshetteri/10/17/94
professional manner. Therefore, this contract shall -not be sold, leased or transferred in any
form without prior approval of the City Council.
17. AUDIT AND RETENTION OF RECORDS
LICENSEE will allow a reasonable inspection and audit of applicable books and
records by authorized CITY officials and firms authorized by CITY to perform such function at
its Tustin offices during reasonable business hours for the sole purpose of determining that the.
revenues due to the CITY are accurately made: All records are to be retained for three (3)
years from the ending period on any year.
18. LEGAL SERVICES SUBCONTRACTING PROHIBITED
LICENSEE and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. LICENSEE understands that pursuant to
Huntington Beach City Charter Section 309,'the City Attorney is the exclusive legal' counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred. by
LICENSEE. .
REST OF PAGE NOT USED
6/Wshefterl /10117/94
01i13i99 10:53 ELLER MEDIA CO 4 714 374 1573
NO.6?4 p0
09:42 Jeavazy 13, i999 LOC1T1008 3lATAWX 1
Transit S'Aeltere -• _
CIRCULATION
Loc.O Pace Area Routs Facing Ill. Ride 8 Wt Type Nenaal. Inatt. -rrom To Red Autol Auto2 Aut93
---------------------------------------------------------------------------------------------------------------------------
17th S/0 Main us - Huntington Bch 1463 Lease 8: ORC-3Trs2 Permit 4:
1460 7 8B ?M N 18 857 3:6 Shelters 0.0 20.2 0.0 '0.0'
Adams E!o Beach 65 - Huntington Bch 1470 Lease 1: ORC-RT82 Permit Or
1470 I ;13 rM w 16 8587'A6 Shelters 0.0 23.i 0.0 0.0
Adams W/O 314agi%olia Dr8 - Huntington Bch 1473 Lease 4: 4ORC-RT32 Permit 0:
1473 I He Mq' E ; '18 858 C6 Shelters 0.0 23.6 0.0 0.0
Adams E/0 Kagnolia SS - Ruatington Bch 1474 Lease 4: ORC-RT82 Permit #:
1474 I HE Mw w 18 858 C6 Shelters 0.0 23.6 0.0 0.0 .
Adams W/o Sutton ITS - Huntington Bch 1477 Least #: ORC-BTB2 Permit #:
1477 I Im MV 3 13 858 r7 Shelters 0.0 33.6 0.0 0.0
Adams W/o Brookhur'st NS - Huntington Bch 1479 Lsase Rr ORC-HTB2 Permit 8:
2479 I 10 Kw E 18 858 E6 Shelters 0.0 23.6 0.0 0.0
---------------------------------------•--•-------------------------------- ` ---------•-----------------------------------
Beach V/0 Stark VS - Huntington Bch 1480 Leave S: ORC-RTaa Permit g:
1480 I R9 M N 18 523 A6 Shelters 0.0 43.2 0.0 0.0
-.-----------------------------------------------------------------------------------------------__.-...................... .
Heath SIC warner Ns - Auntlhgton Bch 1482 Lease #: ORC-3T82 Permit t:
1482 I B3 mm N le 928 A7 Shelters 0.0 kl•2 0.0 0.9
Beach Wo Slliv E8 - Huntington Bch 1495 Laass #. ORC-BM2 Permit k:
1485 I Ha Mw 5 12 858 A3 Shelters 0.0 40.5 0.0 0.0
................................................. -------------------------------------------------------------------------
Balsa s/O Volga Chica NS - Huntington Bch 1497 Lease #; ORC-3ET83 Permit 8:
1487 I 30 POi E 13 827 D4 Shelters 0.0 14.5 0.0 0.0
------------------------------------------------------- ---------------------.._-.------------------------------------------
Bolsa Chica SIC Rancho Ba" - Huntington Bch 1409 Lease 8: 08C-HT82 Permit 8:
1489 I M Poi S 12 821 F3 Shelters 0.0 2$.0 0.0 0.0
Balsa W/O Able US - Runtington Bch 1491 Lease 9: ORC-BT82 Permit 0:
1491 I HB Mit S 12 827 E3 Sholtt:s 0.0 12.8 0.0 0.0
----------------------------------------------------------------------•----------...--------
Bolea E/0 epringdale sa - Huntington Bch 1492 Lease 0: ORC-STB2 Permit 8:
1492 I HE M N 12 827 P4 Shelters Iaact 17/04/01 98/12/01 0.0 19.2 0.0 0.0
----------------------------------------------------------------------------------------------------------------------
eolea C'hlca Di/O Heil 89 - 3luntin7tom Bch Liss Lease O: CAC-RTB2 Permit p..
1495 1. NS MH 6 18 821 D6 Shelters 0.0 23.7 0.0 0.0
8rockhuret N/0 Adams ES - Huntington Bch 1497 Lease #: ORC-BT82 PeMit 8:
1497 r Ra IN S le 658 T6 8heltere 0.0 29.0 0.0 0.0
------------------------------........................................................................................
erookhurst W/O Atlanta &8 - Euntingtou Bch 1499 Lease $: OTC-HI82 Permit #:
1499 1 no M S 18 888 31 Shelters 0.0 18.2 0.0 0.0
erookhuret SIC Ramilten OS - Huntington Bch 1500 Lease 4: OAC-St82 Permit S:
1509 i 13 MH H 18 $98 E2 Shelters w/o 0.0 21.6 0.0 0.0
------------------------------•-••---•---••---•-.--------------------------------------------.-----------------------------
Edinger 2/0 ooldcnvsst N3 - Huntington Bch 1503 Lease 8: CRC-M2 Permit 41:
1503 1 33 M E is 827 Its 8ho2ters 0.0 26.3 0.0 9.0
orange. county -•• -- -••• -'•-r+,----- -----------------------------------
• ...........
sllsr Nedia Charting Pro 6.er6
19. ENTIRETY
The foregoing sets forth the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by and through their authorized officers the day, month and year first above -written.
LICENSEE: CITY OF HUNTINGTON BEACH, A
SHELTE VISION MEDIA, INC., dba municipal corporation of the State of
SHELTMVISION California .
io z6-py By. —a/
1 ® Mayor
. print name
ITS: (circ(e one) Chairma residen ice President
-Z6- ?5- By; �--_
44- AAA te,
print name
ITS: (arcle one) ecretary/Chief Financial
Officer/Asst- Secretary -Treasurer.
ATT T: . 0
City Clerk
APPROVED A TO FORM:
City Attorney v� o
/o �q-5 jr Ito —1 04 �G
INITIATED AND APPROVED:
Director oWublic Works
9
Mhetterl/1 Olt7/94
01Z131199 10:53 ELLER MEDIA CO -► 714 374 1573 N0.674 90
0l:43 January 13. 1999 LOCATIM DATADA31 2
'_ ... --------------..................................... - ----- -
Transit shelters (cont.)
`CIRCALATIO'N
Loc.0 race Area Route Pacing Ill: Ride 8 Obit Tyye - Vansal.•Inact. Trap To led Autol Aut02 Aut63
Edinger S/0 Goldeavest SS - xuntingten Bela 1504 Lease 4: ORC-1=2 Permit !:
1504 I MS AM N 12 827 US Shelters .0.0 26.3 0.0 0.0 .
Edinger E/O Sher SS = Huntington'ech 1506 Lease 8: ORC-XTB2 Permit 4: -
1509 I .iM Mx w la 927 06 Shelters O.0 26.3 0.0 0.0
Fdinger W/O Parkaide SS - Runtiegton Bch 1548 Lease 4: 04C-BT22 7ermit N. '•
1308 I HB K4 N la 027 06 Shelters 0.0 26.3 O.o o.o
Edinger W/O Reach Fs - RuntAngten Deb 1511 Lease 8: ORC -HT 52 Permit 8:
1511 I HE PM B is 920 AS Shelters 0.0 26.3 0.0 0.0
Hatfield W/O Beach )is - Runtingtoa Bch 1513 Lease S. ORC-BT22 Pcvnit 6:
1513 I Rs K4 Y 16 259 A4 Shelters 0.0 a-1 0.0 0.0
eoldsnmest 8/0 Edinger WS-.Runtington Bch IS14 Lease 2. ORC-FrB2 Permit 8:
1S14 I He m» x 12 927 G6 Shelters 0.0 29.4 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Coldehwest N/0 Warner ES - xu:ttington Bch 1517 Lease #: ORC-=37 Permit #:
1517 I H3 M S is 827 H7 6heltere 0.0 27.7 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Gothard S/O Center WS - Wp=tiagtoa Bch Isis Lease #: ORC-MM2 Permit 0:
Isis I M3 MId N 12 827 AS Shelters 0.0 11.S 0.0 0.0
Magnolia 5/0 Garfield WS - Ruatington Bch .15I0 Lease k:• ORC-RTB2 Permit 9:
15a0 1 m9 Hill N 13 858 C4 Shelters 0.0 29.1 0.0 0.0
Maga03ia N/0 Stillvell 86 - Huntington Bch 1523 Lease #: OAC-KSB2 Permit #:
2523 1 RD "-,f S 12 ass C2 Shelters 0.0 12.5 0.0 0.0
-------------------------------------------------------------------- .--_ -----------------------------------
Kagnolia N/O Hamilton US - Huntington Bch 1524 Lease #: ORC-HTB2 Permit 8:
1524 I RS Mw N le 888 C2 Shelters 0.0 12.5 0.0 0.0
Main W/O Delaware ES - Huntington Bch 1527 Lease #: ORC-HT32 Permit #:
1S27 I 10 M a 18 857 J4 Shelters 0.0 10.1 0.0 0.0
Main C/O Yorktown BS - intington Bch L529 Lease 4. 4ORC-Hr83 Permit 8:
1S29 1 H5 CM s is asi Us Shelters 0.0 20.2 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
PCH 5/0 11th WS - Mmtiagtcn Bch 1530 Lease #: ORC-RT22 Permit 8!
1530 I H8 mm N is 697 Ill Shelters 0.0 23.6 0.0 0.0
----------------•-•-------------------------------------------------------------•------------------------------------------
PCH 8/0 Main 5S - Huntington Bch 1533 Lease #: ORC-17P2 Permit 9:
2533 1 10 tM S 1n 927 X2 Sbtlters 0.0 23.6 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
PCK 0/0 Luke VS - Runtingt0n ach 1334 Lease #; ORC-KT22 Permit #:
1534 I R8 mM F 18 887 J2 Shelters 0.0 23.6 0 0 0.0
DCH 8/0 Beach ES - Huntington Bch 1537 Lease Q. ORC-RT82 Permit #.
1537 I HB M S 12 $as A3 Shelters 9.0 22.3 0.0 0.0
......................................................................-----•------......----------.........................
Talbert VIO St. Vincent Ve Paul VS - Huntington 1539 Least A. OHC-HTS3 Permit #:
1539 I im NX E 1s 050 A2 Shelters 0.0 11.5 0.0 0.0
..•........---•............................••.--....--..-•--•------•....-----•......---....................................
............................................................................................................................
Eller media - Orange County Charting Pro 6.9Y6
01/13i99 10:54 ELLER MEDIA CO -+ 714 374 1573
NO.674
PO4
09:43 January 13. 1999
LOCAT%Ws BATABUS
3
_ Traniit Shelters. - -
(coat.)-
-
_
C I 1tCULA7X
O:j .
Loc.# Face Area Route racing I11.
2tida 0 Unit Type
- ;.' 1►onsal.
It<act: =-^iiom
.
• To red Auto) AutO2
iuto3•
Ftarnct 9/0 Green SS - Huntington Bch
1510 '
Lease
0:
-ORC-ETB2 Permit-8:
1540 I BH M W 1s
057 IM ehdtsrs
0.0 21.6
0.9
- o.o
- Warner WJO Jeslie Im - Runtiagton Bch
iS{3 - -
-- "Lease
Y:
OAC•W'1'82 Permit is
-
:
1543 I BS Mx B is
457 D1 Shelters
•0.0 20.3
0.0
0.0
Warner £/0 Leslie SS - Runtington Bch
1544
Leave
A:
ORC-ET82 Permit 8:
1344 I 33 K4 v is
OS? DI'Shelters
0-0 20.3
o.0
0.0
warner SIC Springdale 88 - Huntington Bch _
154i Act.. 1939/01/13 Lease
d!
ORC-8T82 Permit 9:
1546 I Sm MH W 12
857 rl Shelters
N/8
0.0 24.3
0.0
0.0
Warner W/O Vieholo NB - Huntington Bch
1549
Lease
ka
OAC-HTb2 Permit 8:
1549 I BB M S 38
827 J7 Shelters
0.0 23.0
0.0
0.0
Warner W/O Beach 68 - Huntington Bch
1SS0
Lease
0!
ORC-HTB2 Permit !F:
1550 I FES bm ' i4 is
428 A7 Shelters
0.0 23.0
0.0
0.0
TorktClfn W/O train KS - Huntington Bch
3553
Lease
b:
ORC-HTB2'Permit 0:
1553 I Fig M E 11
.-.-I
I57 US Shelters
0.0 10.1
0.0
0.0
--."-------------------------------------------------------------•---------------------------------------------------
PCH SIC 24th 88 - Huntington Bch
2497
Lease
ii!
ORC-HT32 Permit 6:
2497 I H3 M 8 18
026 J7 Shelters
0.0 0.0
0.0
0.0
beach W/O Utica ES - Huntirgton Bch
3499
Lease
1:
01C-NTB2 Permit It:
2499 I- IM MW 8 1s
ase AS Shelters
0.0 0.0
0.0
0.0
---------------------------------------------------------------------------------------------------------------------------
Beach S/o m-cDenalO'ws - Huntington Bch
2501
Lease
#:
ORC-M2 Permit $:
2501 1 RB Pei N is
921 AS Shelters
0.0 0.0
0.9
0.0
PCH SIC Huntington WS - Huntington Bch
2503
Lease
e:
CAC-RT82 Permit It:
2503 1 Hb M v le
eel J7 Shelters
0.0 0.0
0.0
0.0
---------------------------------------------------------------------------------------------------------------------------
PCFI 0 OrittNocd LS - Huntington Bch
3303
Lease
C:
OXC-3152 Permit 6:
2305 1 F03 MN 8 is
as8 A7 Shelters
010 0.0
0.0
0.0
PL Of 0 ake 29 - Runtirjjton Bch
2507
Lease
8t
ORC-HT82 Permit $:
2507 I HB tD( S 28
------------------------------------------------------------------------------------------------_--_-------_---------------
887 Ja Shelters
0.0 9.0
0.0
0.0
8agch W/O Adame ES - Huntington Bch
3507
Lease
0:
ORC-rm Permit 8:
2SO2 I H3 M 8 is
030 A6 Shelters
0.0 0.0
9.0
0.0
beach 8/0 train WS - Huntington Bch
3511
Lease
4:
OAC-H71B2 Permit #;
2311 I HH MM H 18
05d A3 Shelters
0.0 0.0
0.0
0.0
Beach S/0 Talbert WS - Huntington Bch
2313
Lease
R:
ORC-BTB2 Permit 9:
2513 I ME MM U is
85e A2 8helters
0.0 0.0
0.0
0.0
---------------------------------------------------------------------------------------------------------------------------
Beach 8/0 Taylor WS - Huntington Bch
2515
Loaee
Q:
ORC-RTB2 Permit A:
2S1S I RD tbM R is
---------------------------------------------------------------------------------------------------------------------------
&S8 A3 shelters
0.0 0.0
0.0
0-0
PM 2/0 Beach WS - Huntington Bch
3517
Lease
$:
01tC-8Tb2 Permit /:
2517 I Fie Mw N le
---------------------------------------------------------------------------------------------------------------------------
see A3 shelters
0.0 0.0
0.0
9.0
Met bedia Orange County- - - -
- ----
----- •- -
--
Charting
Pro
6.8r6
01/13/99 10:54 ELLER MEDIA CO -► 714 374 1573 NO.674 W,
09:43 January u. i999 GOCRTIOarB DATAR"S
4
........
.--;•Transit Shelters' tcoat.l
_ C I N C V L A 7 1 0 N
ti;.. Loc.0 Pace Area xv;Ate Facing In- Ride 0 Vomit. Type .+ 8oneal. Inact.: rrom - 10 Ped AYtol Aut02 Auto3
,PM 9/0 14th WS - Huntingtop Bch
- ----_• _ 7419_ --'-Lease s:.--oRC-sra2 permit'$. ---
: 2519 I EH b74 N la. 937 S1 Shelters 0.0 0.0 0.0 p,p
- ..................... _ - _ - .-. - ---......
: PCH S/O 9th 88 - 80atiagtoa Deb 2331 Leases qc ORC-ST32 Pe:,ait 4:
2521 1 8B PPt 8 is 667 RI Shelters 0.0 0.0 0.0 .0.0
-
VCR 0/0 Nemlaad Ns - Huntington Bch 2533 LCaBe 4: ORC-ET32 Permit 6: --rr----
2523 I 18 MW N 18 S88 a3 Shelters 0.0 0.0 0,0 0.0
---------------------------------------------------------------------------------------------------------------------------
PCs ® Driftwood WS - Runtiagton Bch 2523 Lease 8: ORC-ST32 Permit 8:
2S25 I BB K11 N is 886 A2 shelters 0.0 0.0 0.0 0.0
PCs 8/0 9th WS - Runtlggton Bch a527 Lease 0: ORC-sTS2 permit K:
25=r 2 He Pflt N is 367 H1 Shelters 0.0 0.0 0.0 0.0
-
PCH Fi/D Admiralty SS - Suntingtca Bch 2523 Lease 8t ORC-i1I82 Permit St
2529 1 us Pot $ 38 026 07 eheltere 0.0 , 0.0 0.0 0.0
PCH 6/0 Lake ES - Funtington Bch 2531 Lease It., ORC-RTH2 Permit 8:
2531 r Im rue N 18 987 J2 Shelters 0.0 0.0 0.0 0.0
Reach N/O Aldrich WS - Huntington Reh 2S33 Uses #: ORC-HT82 Permit #.
2533 I R3 MW 8 18 528 AS Shelters 0.0 0.0 0.0 0.0
PCR N/O Coral Cay Es - N%xutington sch 3535 Lease s: ORC-ST82 Permit 0:
.2535 i I rut 8 11- 557 Al shelters 0.0 26.5 0.0 0.0
Beach $19 Slater Got - Huntington Bch 2545 Lease #: ORC-8T87 Permit 0:
2545 I FIB M1K N 1s 859 Al Shelters 0.0 0.0 0.0 0.0
Roach 8/0 Adams We - Ruatington ach 2547 Lease 8: ORC-2:132 Permit #:
2S47 I ED MN }r 18 458 A6 Shelters 0.0 0.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Beach W/O Garfield PS - Huntington Bch 2549 Lease S; ORC-RT82 Permit #:
2549 x H8 MW S 18 858 A6 shelters 0.0 0.9 0.0 0.0
Beach 6/0 1'0rkt0vn WS - Huntington Bch 2551 Lease 9: O&C-RT82 Permit #:
2551 I RB NN N 18 858 AS Shelters 0.0 0.0 0.0 0.0
-------------------------------------- ------------------ .----------------------------------------------- '.... I............
Brookhuret A/O Hamilton S8 - Huntington Bch 2553 Lease :: ORC-RT82 Permit $:
2SS3 I 88 MW 8 1s 693 E2 shelters 0.9 0.0 0.9 0.0
Warner :%/O Golden West ITS - Huntington Bch 2553 Lease tt: 0RC-KTB2 Permit et
2553 I Ha P^4 E is 957 al Shelters 0.0 0.0 0.9 0.0
Edinger 8/0 Golden West SS - ewttingt0n Bch 2595 Lea4z 8: ORC-ET82 Permit 0:
2585 1 FIB MM W is 427 H6 Shelters w/o 0.0 0.0 0.0 0.0
Ad&= Ave. 200 FT W/O 8rookhuxat St• es lops Lease 8: ORC. Bl Permit M: 53-30:395
3075 I ED MW W 26 458 E6 S=11 IV- Add Panel 0.0 35.0 0.0 0.0
Adams Ave. I00 rT 8/0 6Tookburst St. 86 - 3097 Lease 8: ORC-ET81 Permit 8: Tz= LSy0
3097 I RR r^,A W 24 858 86 Small -9- Add Panel 0.0 42.0 0.0 0.0
---------------------------------------------------------------------------•---------------.-------------------------------
tllax media - orange County CP.arting Pro 6.8r6
01/13/99 10:55 ELLER MEDIA CO -► 714 374 1573
NO.674 DOE
09:03 January 13. 1999 LOCATSOS9 PATRSA3E
5
Transit Saelt®re
tcont.)
- -•
C I A C v L A T I O N
Loc.# race Axes Route lacing I11:. Ride # milt Type Fonsal: Inaet.
.From - To Pcd Autol Auto2 Aut93
Algonquin it. 200 3'T S/O Davenport Vr. ES - 309y
Lease !: CRC-Uni Permit 8: '- .`
3099 X. iB M4 8 " 12 957 Cl Shull 'V• Add Panel
g.D 13.0 0.0 0.0
Reach Blvd. log FT.9/0 Carfieid Ave- KS - 3102
Lease #: ORC-Ml. Permit #:
3102 1 103 xN W . 12 .. 880 A4 Small 'V' Add Panel
---------------------------------------------------------------------------------------------------------------------------
0.0 58.0 0.0 O,0
Reach Blvd. 200 rT W/O Crazadio Dr. ES - 3201
Lease f: CRC-9=1 Permit t: BZA.C.B Saps
3104 Y BB PEW 8 24. 358 A4 Small 'V' Add Panel
9.0 41.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Reach Diva. too rT S/o veil Ave. W8 - Huatlagton 31.06
Lease #: ORC-HTSI Permit 1: M DOiCE
3105 1 RD M 37 12 $20 AS Small 'V' Add Panel
0.0 60.0 0.0 0.0
Beach Blvd. 200 rT N/0 Jhdianapolie Ave. VS - 3108
Lease f; ORC-RTpl pe:•mat 0:
3100 Y 85 rw 8 12 858 A7 Small 'V' Add Panel
0.0 25.0 0.0 0.0
Reach Blvd. 100 FT W/O Indianapolis Ave. WS - 3110
Lease #: CRC-RTBI Permit s: RILLTOt LQ
3110 1 ]w n4 EN 30 658 A7 Small 'V' Add Panel
0.0 25.o o.0 0.0
beach Blvd. 100 PT w/o Nemphis Ave. >CS - 3112
Lease 8: ORC-HT81 Per,eit #:
3112 I Us PCB N 12 858 A7 Small 'V' Add Panel
0.0 2S.0 0.0 0.0
Beach Blvd. 100 PT 510 Newman Ave. ES - Runtington 3114
Lease A; ORC-RT31 Permit d:
3114 Y 103 Mil 8 13 858 A2 Small 'V' Add Panel
0.0 59.0 0.0 0.0
---------------------------------- ------------------------------------- -----------------------------------------------
Beach Blvd. 100 rT S/C Slater Ave. ES - Huntington 3119
Lease $: ORC-R'TB1 Permit 4: SFOPPINU C
3216 Y H3 Hu 8 12 e56 Al small `V- Aid Panel
0.0 53.0 0.0 0 0
Beach Blvd. 100 rT W/O Talbert Ave, t8 - 3118
Lease 0: ORC-MTB1 Permit 8: 203-008778
311E I H2 Mx S 24 858 A2 Small 'V' Add Panel
0.0 59.0 0.0 0.0
Beach Blvd. 100 rT S/O Terry Dr. W3 - Runtington 3120
Lease #: ORC-HTBl Permit #: TOM BERNAT
3220 I HB RIDS N 24 928 A7 Small 'V' Add Panel
0.0 90.0 0.0 0.0
Beach Blvd, 100 rT N10 Warner Ave. SS - Hunti.zgton 3122
Lease #: ORC-=1 Persoit 8: MCDODAI.DS
3122 I R3 MW S 24 838 A7 Small 'V' Add panel
0.0 69.0 0.0 0.0
Beach Blvd. 200 PT W/0 Yorktown Ave. SS-- 3124
Lease #: oac-BTB1 Permit #:
3124 I 118 MW S 12 858 AS Small 'V' Add Panel
0.0 $6.0 0.0 0.0
----------------------------------------- ................... ...............................................................
8olea Ave. 100 F: W/O Graham St. SS - huntington 3128
Lease 9: ORC-HTB1 Permit 0: 3-223551
3128 I ED MM W 24 $27 E4 Small 'V' Add Panel
0-0 22.0 0.0 0.0
eolsa Ave. 100 lZ W/o Sabre In. KS - Huntington 3130
Lease 8: ORC-BT81 Permit 8:
3130 I Fib MM 2 12 427 P4 Straight Add Panel
0.0 24.0 0,0 0.0
---------------------------------------------------------------------------------------------------------------------------
P.olea Ave. too rT W/O Victoria Ln. 88 - auntington 1132
Least 0; ORC-BTD1 Permit 0: D. =JAIA
3132 I Ra MM EP 24 027 G4 SMAII 'V' Add Panel
---------------------------------------------------------------------------------------------------------------------------
0,0 2S.0 O.0 0.0
Br00khurat St. 200 rT 9/0 Atlanta Ave. WS - 3231
Lease 8: ORC-RTB1 Permit #:
3134 1 IM PEW x 39 ee9 EI Small 'V' Add Panel
0.0 40.0 0.0 0.0
5r00kh%1V9t St. 100 3'T 6/0 Busbard St. WS - 3136
Lease p: Oae-BT81 Permit 2:
31]6 I H9 MW N 12 883 04 Shull -V' Add Pane}
9.0 24.0 0.0 0.0
Eller Media - Orange County
Charting Pro 6.8r6
01/13/99 10:55 ELL,ER MEDIA Co -+ 714 374 1573
NO.674 (Poll
03:43 January 13. 2999
LOCaSZOk9 DASADASE
6
----------------------------------------
--------------------•
-----------Tana--
--------------------(Coat-)
8ns----- -
:. _ :... '•: :"..
:.•.
C I It C V L
A T I 0 jr
1qc.; Face kren Route Facing Iil.
Ride 9 IMLt Tyye - Ncasal--inact.
From
To Ped Autol
Aute2 Autc3
a'
'--. .....^ -' '-•- _ --•-------------------I.....
- . . . . . . I . . . I ----------------------------•-------------------------
BYookhur-t St. 100 FT OPP Clitf Dr. 96
- 3138
Leaso fit:
ORC-HT81 Permit 0:
3136 I N23 Jr.; N 12
318 91 Small 'V' Add Panel
,0.9 27.0
0.0 0.0
_ __.......
Erookhurst St. 100 P7 8/0 Indianapolis
Ave. SS - 3140
Lease 81-
ORC-WMI.Pei+ait it;
3140. 1 ma NX N 22
85a 37 Small IV- Add Panel
0.0 27.0
0.0 0.0
aro0khurat et. 100 FT N/O Rtis;tli D1. IS
- 3142
Lease
�!:
ORC-ATai Pssmit /:
3-114290
3142 I E15 NN 8 24
550 E5 Small IV' Add Panel
0.0 45.0
0.0 0.0
arookhur-t St. 100 PT 6/o Yorktown Ave.
WC - 3144
Lease
#:
ORC-WM1 Permit #:
3144 1 Im MW N 12
8S8 65 Small •V- Add Panel
0.0 43.9
0.0 0.0
Brookhurst St. 200 FT br/O Yorktown Ave.
I8 - 3146
Lease
S:
OAC-8T81 Permit 8:
$3-087916
3146 s I03 Y.W .8 24
8S8 25 Straight AM Panel
0.0 45.0
0.0 0.0
Delaware St. 290 FT N/0 C3cr Ave. ES - Suntiagton 3148
Lease
S;
ORC-UT81 -Permit
3140 I k8 NM �a 12
857 JS Small 'V- Add Panel
0-0 3.0
0.0 0.0
Edinger Ave. log FT OPP Winger Plaza SS - 3250
Lego-
8:
ORC-STRI Permit $:
WiscLBLL'S
31SO 1 Yb NH W 24
027 JS Small 'V• A:d Panel
0.0 39.0
0.0 0.0
Edinger Ave. too FT E/O Gothard St. Ss
- 31S2
Lease
4.
ORC-HTBI Permit ;:
3152 2 H3 M W 24
837 ES Straight Add Panel
0.0 39.0
0.0 0.0
Edinger Ave. 100 PT W/O Montgomery wrd
Pla Ns - 3154
Lease
;:
ORC-RTB1 Permit 1: MACONLD kC
3154 I - 16 W1 - E 12
• 27 JS Vn)=wn
0.0 39.0
0.0 0.0
Edinger Ave. 100 P'T A/O Sher Ln. NS - R4ntington 3156
Leave
t:
ORC-8TB1 permit $: M=GTN CT
3356 I H3 NX E 12
927 JS straight Add Panel
0.0 39.0
0.0 0.0
•----------------•----------------..-.-..-----------------•--------------------...------------...--------------------------
Garfield Alva. l00 Fr 1/0 Plorida St. SS
- 3158
Lease
It:
ORC-ST81 Permit #:
3150 I Ha NM N 12
a58 At Small •V' Add Panel
0.0 12.0
0.0 0 0
eoldervest St. 30o FT N/0 Yorktown Ave.
its - 3162
Lease
#:
ORC-AT81 Permit 0:
3162 I &B HN S 12
857 115 ltknovn
0.0 23.0
0-0 0.0
magnolia St. 100 PT OPP 2ej!muda Or. WS
- 3164
Lease
;:
OP.C-8TB1 Permit #:
3164 I SS i1W N 12
888 C3 Large 'V- Add Panel
0.0 9.0
0.0 0.0
Warner Ave. 100 PT 2/0 Rotterdam Ln. SS
- 3166.
Lease
8:
ORC-HT81 Permit 0:
3166 1 a8 NX a 12
026 A7 Small vV- Add Panel
0.0 21.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Vamilton Ave. too rr a/o arookhurst St. N3 - 3140
Lease
U .
ORC-BT91 Permit #:
3265 I R3 Mk E 12
888 H2 Larce -V' Add Dan-- N/S
0.0 24.0
0.0 0.0
Nain St. 100 Yr A/O Ellia Ave. NS - Suntington Bch 3170
Lease
#-
ORC-8TB1 Permit #:
PLAIrm
3170 I as P.m E 24
630 A3 tJSxaown
0.0 16.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Main St. 109 Fr 3/0 Florida St. 86 - 1'untimgton 3172
Lease
4:
ORC-N=l Permit #:
3172 I RB M v 12
---------------------------------------------------------------------------------------------------------------------------
438 A4 Wmart-a
0.0 16.0
0.0 0.0
McFadden Ave. too PT 9/0 Product Ln. 88
- 3174
Lease
#:
ORC-ST3:i permit
3174 1 ffi! MM N 12
827 tS Large -V' Add Panel
0.0 9.0
0.0 0.0
511er Media - Orange County
Charting
Pro 6.8�r5
01/13/99 10:56 ELLER MEDIA CO 4
714 374 1573
NO.674 DOE
09:43 Januaxy 13, 1979
r4GASSOFS BA7AWS1
7
�*
..............- --'-Transit
8beltvse...'---
---- ---------------------------------(Coat.l
C I A CVDAT
r0v' -
-
- Loc.s Face Area Route Pacing Ili. Ride p Unit Type Soaeal..Inact.
From
To Fed Auto%
Aut92 Auto]
Orange Ave. 200 YT 8/0 17th It. W9 - Huntington
3176
Lease 0:
OXC-HTB1 Permit N:
53-205124
3174 I Hs HN N 24 . 857 R7 Small
'V' Ad4 Panel
0.9 3.0
O.o 0.0
PCY 200 PT WO 6th St: YS - IV= ington Bcn
3178
Lease
#:
ORC-tITBl Permit S:
3178 I .BB 101 8 12 , 867 R1 scull
-------------------------------------------------------------------------------------------------------------------------
aV• Add Panel
0.0 33.0
0.0 0.0
P= zoo Fr w/o Anderson at. 85 - xuntingtcn Bch
3180
Lease
4.
ORC-RTBI Permit $:
3180 I Ra K4 3 is 426 J6 Small
'V' Add Panel
0.0 45.0
0.0 0.0
PCH 200 rr 1110 Huntington St. Ea - Huntington Bch
3162
Lease
N:
ORC-BIB1 Permit S:
53-088045
3182 I K3 cut S 24 887 J2 Ppall
'V' Add Panel
0.0 33.0
0.0 0.0
PC& 100 PT N/O let St..39 - Huntington Bets
3186
Lease
at
ORC-BT21 Permit 8:
xrwai 4l
3104 I R3 M 5 24 887 J2 Straight Add Panel
--------------------------------------------------------------------------------------------------------------------
0.0 33.0
0.0 0.0
PCR 100 Pr N/O let St. wg Huntington Bth
3194
Leave
S:
CRC-RT81 Permit N:
3L66 I hB M Ott 13 887 72 Straight Add Panel
---------------------------------------------------------------------^.-..----=---------------------------..............--
0.0 33.0
0.0 0.0
PC2 100 PT N/O Main St. xS - Huntington Bch
3198
Lease
8;
ORC-Ml Permit #f
85-701877
3190 I HS X4 N 24 887 R2 Small
'V' Add Panel
0.0 33.0
0.9 0.0
PCR 100 FT 6/0 17th St. SS - Huntington Bch
3110
Leave
N:
ORC-RT91 Permit 4:
PATRICK
3130 I RD FM 5 24 887 CI Small
'v1 Add panel
0.0 33.0
0.0 0.0
PCB 100 FT W/0 Warner Ave. BS - Huntington Bch
3192
Leave
#.
ORC-RT81 Permit N:
SHOPPIHO C
3192 1 HB FM S 24 857 Al Small
'V' Add Panel
0.0 45.0
0.0 0.0
........................ i •------•-_------_-__..-.^.----••---.---------------__.-•...----------_-------•----------__-----
Springdale St. 200 FT 9/0 9olsa Ave. WS -
3194
Leave
4:
ORC-Ural Permit A:
3194 I M tun N 12 827 F4 Small
QV' Add Panel
0.0 30.0
0.0 0.0
Garner Ave. 100 tZ W/0 Algougain 3t. NS -
3i96
Lease
#:
ORC-Irml Permit #:
3296 I 19 POE B 12 B57 C1 Straight Add Panel
--------------------------------------
0.0 26.0
0.0 0.0
------------------------------------------------------------------------------------
Warner Ave. 100 PT W/O Beach Blvd. N8 - Huntington
3198
Leave
#-.
ORC-ST81 Permit 0:
3199 I R3 mm 8 12 020 A7 Small
---------------------------------------------------------------------------------------------------------------------------
'V' 34d Pat
0.0 34.0
0.0 0.0
Manner Ave. 100 i7 13/0 Bolea Mica St. 66 -
3200
Loaee
it;
ORC-RTRl Permit s.
A-t4AMILAV
3700 I R8 MIX W 12 8S7 V1 Small
'V' A8d Panel
0.0 30.0
0.0 0.0
Warner Ave. 100 YT W/O Edwards St. NO - Huntington
3203
Lease
#:
ORC-HT81 Permit N:
3202 I to to Z 12 e27 G7 Small
'V' Add Panel
0.0 28.0
0.0 0.0
Warner Ave. 100 YT C/o Qaldvnwest St. SS -
3204
Lease
#:
ORC-=1 Permit 8!
3-119023
3204 I Ha MM W 24 827 R7 M1=01 s
0.0 36.0
0.0 0.0
-----------------------------------------------------------------------------------------------------------------------
Warner Ave. 100 YT W/0 COthard St. 53 - Huntington
3208
Lease
#:
ORC-MI Permit S:
3208 I N3 mm W 12 827 R7 Small
'V, Add Panel
0.0 36.0
0.0 0.0
--.__••--••---------------------------------------•------------------...-...-------------------------------------..-.------
Warnet Ave. 200 FT W/O 0othard at. US - Huntington
3210
Lease
#:
ORC-Ml Permit B:
3210 I HB Mm E 12 $27 117 Small
'V' Add Panel
0.0 39.0
0.0 0.0
Warner Avv. 100 FT 4/0 Craham St. 61S - Huntington
.
3213
Leave
S:
ORC-HTB1 Permit S+
YFRNSILL
3212 ; HE M" L 18 857 21 Small
'V' Add Panel
0.0 30.0
0.0 0.0
Eller Media - Orange County
Charting Pro 6.6r6
01/13/99 10:56 ELLER MEDIA CO -► ?14 3?4 15?3
NO.6?4 D09
09:43 -anu"7 13, 1999 LOC=MM DATARUN
Transit Shelters
ccont.i
-
C I R C U L A T 1 0 M
LOc.! race Area Route Pacing I11, Ride 0 VnSt ripe Notasl. Inact.
From
To Fed Autol Auto3 Anto3
Warner Ave. 100 FT W/O xagnolia at. ue_- 3214
Lease !:
ORC-m i Permit $: CA3PER'S 7
3216 I BE kq B 12 •. 829 C7 Small -V- Add Pagel
•0.0 21.0 0.0 0.0'
Warner Ave. loo PT'W/O rewland St. NS - Huntington 3216
Lease 8:
ORC-Ml Permit 4: SAADle SOC
3216 I RS My E- 12 $24 17 Smell "V° Add Panel
0.0 21.0 0.0 0,0
Warner Ave. 100 FT W/O Sichole St. 69 - runtingten 3219
Lease 6:
CAC-HT•51 Permit 8: 3-218176 .
3218 I X5 w EI 24 $27 J7 Smmll IV' Add Panel
0.0 34.0 0.0 0.0
earner Ave. 100 rT E/O FCH SS - Runtingtoa Bch 3230
Lease 9:
OAC-BTB1 Permit 8: 732-0039a9
3320 1 83 iM N 26 857 Al Small •V' Add Panel
0.0 26.0 0.0 0.0
liarnar Ave. 190 PT W/O Rotterdam La. NS - 3222
Lease d:
ORC-HTBI Permit !:
3223 2 R5 MM" S 13 $26 A7 Small IV, Add Panel
0.0 21.0 0.0 0.0
---------------- ----------------------------------------------------------------------------------------------------------
Warner Ave. 100 rr E/O siplot St. NS - Huntington •3224
Lease #:
ORC-HTB1 Permit 0: 9t,'%MM P7V
3324 I 10 Mx g 10 857 C1 Shall •V' Add Panel
0.0 3;.0 0.0 0.0
Yorktown Ave. 100 PT 9/0 Runtingtoa 61.. Ns - 3225
Lease $:
ORC-HTB1 Permit B:
3226 I R3 M E 18 &S7 JS Mlknown
0.0 15.0 0.0 0.0
erookhurat St. 100 rT S/0 Garfield Ave. 97S - 3320
Lease 8:
ORC-HTBS Permit 0: S3-103770
3226 I RB Mw N 24 as$ Et Small IV, Add Petal
0.0 45.0 0.0 0.0
Bola& Ave. 100 PT W/O Coldenvest St. 88 - 3531 -
Lease 8-
0,2C-HTB1 Permit 8: NOtg SAV111
- ' 3521 I RB Mh W 24 521 u3 straight Add*Panel
0.0 25.0 0.0 0.0
Goldenwest St. 100 FT N/0 Oxford Dr. uS - 3601
Lease 4:
ORC-H'tal Permit 0:
. 3 601 I i0 Mel N 12 821 H4 tJni=o ra
0.0 4 6. 0 0. 0 0.0
Edinger Ave. 100 PT E/0 Springda/a St. US - 3603
Lease 8:
0RC-37731 Permit $.
3603 I RE Mr( E 12 627 U Small IV" Add Panel
0.0 39.0 0.0 0.0
Edinger Avg. 100 FT W10 Edwards St. 89 - 3505
Lease 6:
ORC-HTal Permit 8:
360S 1 RS Wd W 12 827 G6 Small IV' Add Panel
0.0 36.0 0.0 0.0
Edinger Ave. 1o0 PT w/o Springdale at. 65 - 3607
Lease 4:
ORC-xni Permit #t:
3607 I RB !M 9 12 627 F6 Small IV, Add Panel
0.0 35.0 0.9 0.0
Springdale St. 100 rT SIC hachine Dr. WS - 3609
Ltoos $:
ORC-STS1 Permit A*
3609 1 HS PM if 12 627 r4 Small *VI Add Panel
0.0 30.9 0.0 0.0
Edinger Ave. 100 PT W/O P4varda St. NS - 36LI
Lease #,
ORC-RTB1 Persalt 6:
3611 1 RD tct B 12 027 CS Small •V• .Add Panel
0.0 36.0 0.0 0.0
YOrktw•m Ave. 100 rT 3/0 Main -St. -SS - Huntington 3613
Lease 8:
ORC-zrB1 Permit 0: 53-101476
3613 I HS M w 24 957 95 Vnknwcn
0.0 15.0 0.0 0.0
Garfield Ave. 100 PT E/0 Bushard St. as - 3515
Lease $:
ORC-Kral Permit 8:
3615 x BB MW W 12 a58 Dt Small IV, Add Panel $/S
0.0 14.0 0.0 0.0
Beach alvd. 100 P'1' SIC Clay Ave. a^S - Huntington 3617
lease 6:
ORC-HTal Permit 8: AMER BLDO
3617 I HB MW 5 12 e58 AS Small IV- Add Pahcl
0.0 58.0 0.0 0.0
Slier MdU - Orange-COUnty - - - -
Charting Pro 6.8r6
l
01/13/99 10:56 ELLER MEDIA CO -► 714 374 1573
NO.674 D1E
09:44 January 3.3. 1939
LOC&=OV3 DATASASB
9
Transit Shelter.
(Coat.)
= CIRCVL,ATION
Loe.i Baca Area Route racing Ill. Ride A Unit
Type 17onsal.'Inset •' Prom
To Fed Auto1
Auto2 Auto3
Beach Blvd, 100 FT 2/0 Clay Ave. WS.- Ituntingtoa
3519-
Lease is
_ ORC-Mal Permit 8:
t7-ISAVL
3613 I 8s M V 24 855 AS small
-V- Add 3>:nw1
0.0 44.0
0.0 0.0
y beach Blvd. 100 rT 8/0 Conetantl4o Dr. RS -
3621
Lease 8:
ORC-BTB1'Fermit t:
VISSAH DEA
3621 I IM tat V 24 856 A4 Stall
----_---------_---------------------------------•--_--_--_---------------------------------------------------------------'-
'v'.Add Panel
0.0 44.0
0.0 0.0
Beach Blvd. 100 FT 6/0 Constantine Dr. 88 -
3633
Lease 8:
CRC-HTSI Permit 9,
53-101411
3623 I Es Nw S 24 858 All Small
IV' Add Panel
0.0 44.0
0.0 0.0
Beach Blvd. 100 PT 24/0 Rallat.d Dr, 153 - Huntington
3625
Leave %:
0RC-RT91 Permit 5:
53-101012
3625 I h3 w S 24 858 Al Small
•V' Add Panel
0.0 61.0
0.0 0.0
beach Blvd. 100 iZ W/O Terry Ds. IS - Iuntingtou
3637
Lease #:
ORC-ET31 Permit 9:
3627 ; p8 Mw 8 12 $23 A7 Small
-v- Add Panel
0.0 90.0
0.0 0.0
Beech Blvd. aoo FT s/O Ronald 3td. WS - XUntlrs ton
3639
Lease 9:
ORC-)MI Permit 8:
3629 I 103 MR 'N 24 858 A2 small
---------------------------------------------------------------------------------------------------------------------------
'V- Add Panel
0.0 $9.0
0.0 0.0
Main St. 100 FT 9/0 Runtington St. SS - Runtington
3631
Lease t:
ORC-RT81 Permit 9: CASCAD8 PR
3631 I HS MM N 24 857 J6 Vaknava
0.0 26.0
0.0 0.9
ttagnolia St. 100 FT S/0 Ryde Park Dr- ES -
3633
Lease 8:
ORC-IMI Permit Y:
T.CIA=ANA
3633 I RS MV S 24 658 C5 Lnkaaun
0.0 3$.0
O.0 0.0
C*xfield Ave. 100 TI E/O Mt. Walton Cir. SS -
3635
Least 11:
ORC-B'1'el Permit 8:
BROORFLD k
3635 I- In Mir W 12 856 Si Stall
'V' Add Panel
0.0 14.0
0.6 0.0
-i----------------.------------------------------
Swach Blvd. 100 PT'8/0 Taylor Dr. I8 - Huntington
------------------------------------------------
3637
Leafs A:
CRC-RTSI Permit 1:
3637 I no ww S 18 658 A3 Small
'V* Add Panel
0.0 60.0
0.0 0.0
Garfield Avg. 100 FT 1/0 Magnolia St. SS -
3639
Lease 8:
0RC-&Tea Permit #:
CAL %Tza
3639 I 10 Mw W 24 858 C4 Small
--------------------------------------------------------------------------------------------------------------------------
'V' AGd Panel
0.0 19.9
0-0 0.0
Iroakhurst St. 100 FT S/0 Ramuela Dr. ES -
3641
Lease 8:
ORC-RTB1 ?eretit 6:
53.09SI43
3643 I f� Mw S 24 858 85 small
IV' Add Panel
0.0 45.0
0.0 0.0
OOldenaest St. 1CO PT N10 Hell Ave. ES -
3643
Lease a:
ORC-ST81 Pewit 0:
33-066554
3643 3 Ka MM 6 12 627 86 small
------------------------------------------------------------
'V' Add Panel
o.0 42.0
0.0 0.0
Brookhkrst 8t. 100 FT 8/0 Continental Dr. E8 -
--- ^^------------__........_.--._---..-----------------....._
3645 Net.; 1995/07/10
Lease 8:
ORC-ISIB1 Feratit S:
3G45 I BS Mw S 12 158 L6 Small
'V' Add Panel
0.0 43.0
0.0 C.0
Warner Ave. 200 PT 2/0 FSnehuret Ln. SS -
3648
Lease 8:
ORC-XTBI Permit A:
Me I 30 M,M w 12 857 F1 Small
'V" Add Panel
0.0 28.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Adams Ave. 200 FT 14/0 Picad;lly Dr. i1S -
3950
Lease 8:
OR^.-3IT91 Permit d:
3650 I RB Mn 9 12 856 E6 Small
'VP Add Panel
0.0 42.0
0.9 0.0
Ooldwnvest St. a00 Fr 9/0 Lydia Dr. IS -
- -
3632
Lease 8:
ORC-RT1l1 Purnit $:
53-o98482
36S2 I W3 MM S 26 827 2r7 gown
0.0 41.9
0.0 0.0
Solea Chica St 100 FT A/0 9olsa Ave. ES -
3654
Lease #:
ORC-MTB1 Permit 0:
3654 I RB M"1 S 12 827 D4 Small
•V- Add Panel
o.0 37.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Pller tedia - Orange county
Cbarting
FrO 6-er6
01i13i99 10:57 ELLER MEDIA CO 714 374 1573 NO.674 Di:
09:44 January 13. 199s i0CA2Z0PlS VATABUZ 30
Traaeit Shelters
C I R CU L. A T 2 0 N
X4C,9 pace Area Route PACing Ill. Rlde # Vait %Ype .i: Noneal. Inaet. From TO Ped Auto1 Aut62 Auto3
-- -
Haiti St. 200 FT S/0 TorAtown Ave. %48 - Xuntiagton 3536 Lease 0. ORC-EnI Permit g:53.080903
7658 I P0 PVC N 24 857 :IS unknoca 0.0 ' 15.0 0.0 0.0
--------
aeaeh Blvd. 300 rT 5/0 Literty Ave. Us - 3650 Lease 8: ORC-RTS1 Permit d:.LrBZWrr P:iC
3658* L X3 : TC4 N 24 858.A2 Small 'V' Add Panel 0.0 53.0 0.0 O,p
Gothard St. 200 VT N/O Zdingtr Ave. ES - 3640 Lease It ORC-H01 Permit 8: -•-
1660 I R8 W4 8 12 827 RS Unknown 0.0 17.0 0.0 0.0
Bangor Ave. 100 PZ W/o GothArd St.' Ira - 3662 Lease g: ORC-HUZ Permit 8: 53-1D1475
36G2 I 203 YIDS 3 24 827 1($ Small -V' Add panel 0.0 35.0 0.0 0.0
Hrookhurat at, 200 FT 8/0 Parnuela Dr. We - 3694 Lease 8s CAC-8T81 Permit t; RMCHO MP
7664 Z tID M A Zg 858 25 small -V- Add panel 0.0 45.0 0.0 0.0
Warner Ave. 100 PT r/O Sculpin Dr. SS - Huntington 3666 Lease 8: CRC-Rlnl Permit 8: 3-120553
3S66 L 3ps MN : W 24 857 al Unknown 0.0 36.0 0:0 0.0
BreaMurst St. 200 PT 6/0 rndever Dr. KS - 3660 Lease 8: ORC-HTBl Permit 8: A. JANMCH
3668 1 X3 bw N 24 Bee 31 small -V, Add Panel 0.0 27.0 0.0 0.0
Yorktown Ave. 100 YT 8/0 Runtingtoa at. SS - 3671 Lease 9: ORC4=1 Permit It
2911 I Be PM M 12 857 05 IIAlmowu 0.0 15.0 0.0 0.0
Magnolia St. 100 FT S/O Mediterranean Dr. 28 - 3673 Lease 0: ORC-HTal Permit 8: 53-101364
3673 I P5 MW 8 24 858 C7'Unknown 0.0 39.0 0.0 0.0
------------------------1--------•------•----------------------------------------------------------------`-----------.....
Adai*ts Ave. 100 Pr,W/O Derbyaldre Ln. )IS - 3675 Ret_: 1998/05/12 Lease 8: ORC-RT21 Permit I.
3675 I Im " E 12 858 DG Small IV, Add Panel 0.0 35.0 0.0 0.0
Nagnolia St. 300 FT N/o Hamilton Ave. Ss - 3683 Lease 9; ORC-ETBi Permit 6:
3681 L PM NLt 8 12 888 C2 Unkncsm 0.0 14.0 0.0 0.0
BrookInIrst St. 100 FT N/0 Cliff Or. ES - 3762 Lease #: ORC-BT31 Permit $: D. AMERSO
3762 I N.8 bw 8 24 888 Z1 Small -V- Add panel 0.0 27.0 9.9 0.0
----------------- '---------------------------...................................... -------------------------------------
NcPadden Ave. 200 PT 8/O Graham St. SS - 3764 Lease 8: OIC-8T81 Permit
3764 I B8 Mbl W 12 827 35 Small 'V' Add Panel 0.0 5.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Adame Ave, 109 F: 2/0 8eabridge Ia. 98 - 3768 Lease 8; OIC-8T81 Permit 0:
3768 r 22 MW W 12 858 A6 Small -V- Add panel 0.0 35.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
17th St. 100 3T W/O Pecan St. NS - Buntiagton Bch 3770 Lease 8: OAC-ani Permit 8:
3770 r Im HN 8 12 857 K7 Small -V' Add Panel 0.0 3.0 0.0 0.0
Magnolia St. 100 IrT Pt/O AGamc Ave. SS - Huntington 3772 Leave S: ORC-R.31 Permit 9:
377Z r RS MN 6 12 838 C6 VxXton 0.0 37.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
R&;RiltCu Ave. 100 FT 2/0 Bustard at. SS - 3774 Lease 8: ORC-=t permit 1:
3714 I 32B MW W 12 see D2 unkaOVC 0.0 24.0 0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Hain St. 100 PT OPP Florida St. Us - Huntington 3776 Lease 8: ORC-ML Permit 8:
3776 I ?D3 MN k 18 858 A4 vn)moers 0.0 16.0 0.0 0-0
Eller Media - Orange County Ctarting Pro 6.8r6
01/13/99 10:5? ELLER MEDIA CO - 714 374 1573
NO.674
171,
09:44 January 13, 1999 LoCAno" 2;ATA9138:
it
Transit
Shelter.
(cant.)
_
C 9 A C V L
A 7 1
0 X
Loe.# Paco Area Route Facing Ill.- Ride g Unit Type
Noneal.
Inact•-.Fr*m
To _ Pad Autol
Auto2
Aut03
Talbert Ave. 200 PT 9/0 Beach Blvd. SS -
3776
Lease
S:.
ORC-1rTB1 Permit 9:
3776 I Im ;w N 12 $59 A2 Uhknovn
0.0 24.0
0.0
0.0
Warner Ave. 100 *T S/O Rose LA. N8 - wuntington
3780
Lease
$:
ORC-7=1 Permit 4:
378o I R9 KW E 12 829 87 Small -V" Add
Panel
0.0 21.0
0.0
0.0
Garfield Ave. 100 FT B/0 Beach AlVd. 58 -
3799
Lease
8-
9RC-$T81 Permit $:
37$S I XB Not w la 85e Al small -V- Add
Panel
4.0 25.0
o.0
0.0•
Alsih St. 100 FT N/0 Utica Ave. Its - Runtington Bch
3797
Lease
8:
CRC-RT81 Pe.-mit $:
3797 I 3M m S 12 857 845 Unknown
0.0 15.0
0.0
0.0 .
Garfield Ave. log PT W/0 Nevland St. SS -
3799
Lease
d:
ORC-UT51 Permit $:
3799 1 E8 )St w 23 950 34 Small "VI Add
Panel
0.0 25.0
0.0
9.0
Beach Blvd. 100 7T 0/0 Utica Ave. US - Huntington
3821
Lease
A:
ORC-R131 Permit $:
3931 I Fib )!N N 12 e58 A6 Small -V1 Add
Panel
0.0 40.0
0.0
0.0
-----------------------------------------------------•---------------------------------------------------------------------
Edinger Ave. 100 FT W/0 Gothard St. SS -
3S31 Ret-:
1997/03/24 Lease
8:
ORC-ST81 Permit 0:
3831 1 A3 K%T W 12 027 BS Small "V- Add
Panel
0.0 39.0
0.0
0.0
Gold"west St. 100 PT S/O Warner Ave. WS -
3833
Lease
9:
03C-HS81 Perrot 6:
CHr" DEAL.
3833 E HB M N 24 857 HI thtkaD:m
0.0 36.0
0.0
0.0
Edinger Ave. 100 PT E10 Marjan Ln.'SS - Huntington
3033
Lease
#:
OAC-HI•B1 permit 8:
383S I R8 K% m 12 . 827 G6 Small "Vo Add
Panel
0.0 46.0
0.0
0.0
Edinger Ave. 100 Fr W/o Goldenoest St. NS -
3837
Le$At
k:
ORC-EMI Permit $:
3837 I 10 Mn E 12 827 RS SM11 °V° Add
Panel
0.0 32.0
0.0
0.0
-----------------------------------------------------------------------------------------------------------------------
Bolas Ave. 100 FT E/O Bolo; mica St. SS -
3839
Lease
A:
ORC-RTB1 Permit #:
Sw DO -ALL
3839 i HB M a 24 627 D4 Small "V- Add
Panel
0.0 11.0
0.0
0.0
magnolia St. Zoo FT wo Village Dr. rs -
3889
Lease
$:
01tC-HTB1 Permit 0:
3889 I 88 M:t $ 12 ISO C7 UnknoWS
0.0 38.0
Q.0
0.0
Warner Ave. 300 FT M/0 Springdale St. NS -
1491
Lease
$:
OEC-RTBl Permit 4:
3321 1 RD M E 12 857 P1 Small "V, Add
Panel
0.0 30.0-
0.0
0.0
---------------------------------------------------------------------------------------------------------------------------
McFadden Ave. 100 PT E/O Goldenweet St. SS -
3351
Lease
8:
O&C-RTB1 rarrd t 8:
3951 I H8 M4 w 12 027 R4 Uhkavvn
0.9 15.0
0.0
0.0
mradden Ava. zoo PT W/O Electronic Ln. 8S -
3953
lease
$:
ORC-8T81 Permit #:
3953 I R3 bat E 12 827 $5 8=11 -V" Add
panel
0.0 9.0
0.0
0.0
--------------------------------------------------------------------------------------------------------------------------
Boles Ave. zoo rT N/O Graham St. NS - Huntington
395S
Leave
8:
ORC-RTB1 Permit 8:
J- SLAZ1)A
3955 I HD X4 L 12 827 84 Small "V- Add
Panel
0.0 11.0
0.0
0.0
--
Coldenveat St. Zoo FT N/0 Betty Dr. ES -
3969
Leave
Q:
0RC-1iT81 Pernit $:
3969 I iO3 Kx S 12 857 81 Unknown
0.0 36.0
0.0
0.0
Edinger Ave. 10o F•r OPP Plymouth Ln• SS -
3971
Leave
6:
0RC-HTB1 Permit #:
391z 1 IM M a 12 827 PS $hall "V" Add
Panel
0.0 3S.0
0.0
0.0
tiler Media - Orange County
CAarting Fro
6.8r6
Y
01/13/99 10:58 ELLER MEDIA CO -+ 714 374 1573
NO.674
01=
09:44 January 13. 1599
LOCISZ0" DATAR"M
la
Transit Shelters
7- ~
C IRCtrLA?ZODi
Loc.# race Area Route racing Ill.* Ride 0 Vnit ripe lronsal..Iaact. rroa
To Fed Autol
Auto2
Auto3
'Delaware St. 100 PT DT/O 17th it. VS -. Huntington
3973
Leave
#:
ORC-1f781 Permit #:
3973 I 88 M N 12 .$57 LJS Small
'VI Add Panel
0.0 3.0
0.0
0.0-
Solea Chica St 3o0 FT Wo sisvoa Dr. ES -
3975
Lease
#:
ORC-XT81 Permit #:
P. THORH7O
3975 I Ha -M19 S 18 827 D6 Straight Add Panel
0.0 29.0
0.0
0.0.
17th 6t. 100 PT W/O Palm Ave- VS.- Huntington Bch
3977
Leave
#:
ORC-RTB1 Permit $:
3977 I us MH C 12 851 R7 Small
•v° Add Patel
0.0 3.0
0.0
0.0
Varner Ave. 100 FT 9/0 OaR St. US - ttnntington Bob
3972
� ^� LCaeo
0;
ORC-RT81 Permit #:
-
3979 I R8 DMS 2 12 .821 J7 Smell
IVo Add Panel
0.0 34.0
0.0
0.0
Springdale St. 100 PT 6/0 Engineer Dr. VS -
3991
Lease
$e
OaC-Sral Pez-nit #:
398a I R8 xx N 12 827 P4 Small
-V- Add Panel
0.0 27.0
0.0
0.0
-------------------•-------------------------•---------------.--------------------....•--.-----•........................---
Rdinger Ave. 100 PT W/O Springdale St. N8 -
3983
Lease
#:
ORC-HTBI Permit #:
3983 1 RS MH 2 12 827 F6 Small
:V, Add Panel
0.0 35.0
0.0
0.0
Dolea Ave. 100 P7 b/O Drake Ln. 8S - Huntington
4035
Lease
#:
ORC-RTH1 Pvrnit #:
4035 1 Sb MM W 12 927 P4 SrAll
IV- Add Panel
0.0 14.0
0.0
0.0
-------------------------------------------------------
Beach Blvd. 100 P? 9/0 Cypress Ave. Na -
.......-------------
4057
•-----------------•-----------------•-----------
Lease
8:
ORC-Ml Per -sit #: AAA RESUM
4057 I RR Mai A 24 858 Al Small
-V• Add Panel
0.0 91.0
0.0
O.0
Magnolia St. 100 PT C/o Hyde Park Dr. W8 -
4254
Lease
#:
ORC-h"rat Permit #:
4254 I NS MW -D 12 .858 CS Unknown
0.0 35.0
0.0
0.0
Dlagnolia St. 100 FT N/0 Clipper Dr. WS -
4259
Lease
#:
ORC-l!?B1 Permit #:
4256 I ]a MW N 12 e58 C6 u0mown
0.0 37.0
C.0
0.0
Magnolia St- 100 FT N/0 Oceaawood Dr. E8 -
4258 Rat.:
1997/C3/10 Lease
$:
ORC-hr5l Permit #:
4254 I lib MW 8 12 88e CI Vr.R:own
0.0 32.0
0.0
0.0
Center Ave. 100 FT E/O Huntington Village 1r8 -
4260
Leave
#:
ORC-ET81 Permit #:
4260 1 En M B is 827 .75 Small
IV, Add Panel
0.0 15.0
0.0
0.0
Center Ave. 100 PT w/O huntington Village N6 -
4262
Lease
f:
ORC-HTDI Pertait #:
4262 Z HS to-M r 12 827 05 Small
-V- Aed Panel
0.0 16.0
0.0
0.0
Xagaolia St. 100 FT 6/0 Ellsworth Dr_ WS -
4396
Lease
#:
ORC-RTH1 Permit S:
4299 I E3 Met N 12 See C1 Vnknorn
0.0 32.0
0.0
0.0
la8gAClia St. 100 PT R/O Carrolltovn Dr. WS -
42$8
Lease
Q:
ORC-Nzal Permit 9:
4298 I RH M-1 N 12 988 Cl Vrilmcwn
0.0 12.0
0.0
0.0
---------------------------------------------------------------------------------------------------------------------------
Adams Ave. 100 PT W/0 Coldwater La. N8 - '
4304
Lease
#:
ORC-R-481 Permit S:
IN
PROC
430% I Ka XW r 12 950 A6 Small
-V- add Panel
0.0 35.0
0.0
0.0
Hrookhurat St. 100 YT S/o Conetltmtipn Dr. wS
4306
Leave
#:
OxC-l[:81 Permit #:
4306 1 HS xW N 12 858 EC Small
IV, Add Parcel
0.0 43.0
0.0
0.0
Ad-l-v Ave. 100 PT W/O Beach 91vd. NS - Huntington
4309
Lease
$r
ORC-&^H1 Permit 8:
4306 1 RS arm H 12 858 A6 S7a311
"V° Add Panel
C.0 8.0
0.0
0.0
Eller media . Orange County Caaxting Pro 6.8r6
01/13i99 10:58 EILER MEDIA CO -+ 714 374 1573 NO.674 D14
09:44 January 13. I999
IACA=SONS SArAWR
13
Trana6t
Shelters
(Cont.
C I R C U L
A T I O Y.
Loc.B Pace Area Route Facing 211.
Ride 8 Unit Type
Nonsal. Inact.
Fzom
To Fed Aut01
Aut02 Auto?
Mrookhurst St. 200 FT SIC Peck Dr. NS
- Huntingtoq
4210
Lease
A:
oRc-SIBl Permit 8:
0710 I
I03 xv w 12
856'E7 5=11
•V' Add
Panel
•0.0 36.0
0.0 0.0
Bropkhurat St. 100 FT 11/O Indiarapclie Ave, 85 -
4312 _
Lease
0-
ORC-STBI Permit 8:
.
4312 1
---------------------------------------------------------------------------------------------------------------------------
3M MW 5 12
859.E7 Small
'V, Add
Panel
0.0 39.0
0.0 0.0
Brookhorst St.
Soo FT SIC Continental
Dr. NS -
4330
Lease
#.
ORC-WM Permit 3:
4330 1
-------------------------------
RB Kw N la
.856 96 SIrAll
IV' Add
Panel
0.0 43.0
0.0 0.0
Garfield Ave.
.........
30o FT E/O Dalararc St.
..---------------------------------------------------
NS -
4370
Leans
8:
-----------------------------
ORC-RTS1 Permit 9;
4370 I
He Mk x 24
857 J4 large
'V' Ad¢
Panel
0.0 12.0
0.0 0.0
TorXtcwn Ave.
100 FT VIC Ranch L4. NS
- Huntington
4372
LCAGC
g:
ORC-RTBI Permit #:
•4372 I
Im MM S 12
857 JG small
IV' Add
Panel
0.0 15.0
0.0 0.0
Garfield Ave.
100 IT W/O simerfield Ln. 8S -
4314
Lease
0:
ORC-NTBl Permit 9:
4374 I
as Kv w is
658 B4 Small
'V' Add
Panel
0.0 25.0
0.0 0.0
OOtHard St. 100
FT 5/0 McFadden Ave. w5 -
4376
Lease
g:
ORC-RT31 Permit #;
GWBST COLL
4376 I
BE MPS N 34
627 J4 Unk:ioxn
0.0 27.0
0.0 0.0
Edinger Ave.
100 FT WIO Sherbreck La.
US -
4374
Lease
#:
ORC-HTB1 Paxfiit 8:
4376 1
N3 MN B 13
827 CS Shall
'V' Add
Panel
0.0 36.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Edinger Ave.
100 FT W/0 Standish Ln. NS -
4360
Leave
X:
ORC-Ml Pcsmit d:
4360 I
103 w E 12
827 86 Small
'V• Add
Panel
0.0 36.0
0.0 0.0
Kagnolla 8t.
100 FT N/0 Atlanta Ave. 8S -
4382
Leave
#-.
ORC-RTel Permit is
4382 1
M Ma S 12
86a Cl Unkaowa
0.0 32.0
0.0 0-0
AlgonVi* St.
100 FT SIC Heil Ave. SS
- Run-tington
4384
Least
4!
ORC-RTS1 Permit S:
HAREOR Ply
4304 3
Im Mtl S 24
627 C7 Small
'V' Add
Panel
0.0 13.0
0.0 0.0
Heil Ave. 200
PT 210 Le Grande Ln. 86
- Runtington
4346
Leave
6:
ORC-F=l Permit 1:
4366 I
RBI 1M w 12
627 C7 Qnkzonv
0.0 15.0
0.0 0.0
xeil Ave. l00
FT W/o Crean St. SS - Huntingtoa Bch
4384
Lease
:
OrtC-HT91 Paro4t 6:
4366 I
1I8 hm w 13
827 C7 VW=owa
0.0 15-0
0.0 0.0
MCPadden Ave.
100 FT E/O Computer In.
SS -
4330
Lease
8:
on-HTBI Permit 8:
4390 I
M MY N 32
627 E5 Small
IV' Add
Panel
0.0 9.0
0.0 0.0
------------------.-.-.--------------------------...----------------•-------•-----------------•-------------------------
KcBadden Ave.
100 FT OPP Computer Ln.
NS -
4372
Lease
9:
ORC-HT31 Permit 2:
4392 I
Ra Mx 9 12
627 E5 Small
-V' Add
Panel
0.0 9.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Adams Ave. 100
8T 8/0 Crow7m Reef Ln. $S -
4613
Lease
#:
ORC-UTBI Permit 4:
4983 I
RB Id•.t N 11
058 26 Small
'V' Add
Panel
0.0 33.0
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
Winger Ave.
100 FT E/O warren St. SS
- Huntington
4665
Lease
9:
OAC-RTBI Permit k:
4665 I
10 MM Ur 12
627 D6 Small
IV' Add
Panel
0.0 25.0 .
0.0 0.0
---------------------------------------------------------------------------------------------------------------------------
warner Ave. 100 FT w/0 Coldcwrest St.
SS -
711L nit.. 199SIO9126
Lease
4:
CRC-HTS1 Permit 0:
7401 1
M K4 w 12
827 A7 Small
IV' Add
Panel
0.0 36.0
0.0 0.0
Eller Media -
,-•-•
OrangcCounty
----
•• •-•-
_----
---
Charting Pro 6.sr6
AGREEMENT FOR THE INSTALLATION AND MAINTENANCE
OF BENCHES FOR THE•CITY OF HUNTINGTON BEACH
THIS AGREEMENT is made and entered into this .�
day of 3tr1y , 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-
ditions specified herein and at only those locations and those
quantities of bus benches designated in Exhibit "A", which is
attached hereto and incorporated herein by reference..- BENCH. AD
. agrees that said benches shall be placed -as near arl. 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 irisured,.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
of.any person, occasioned by BEtdCH 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,
remove or relocate benches in locations designated by the DIRECTOR
within thirty (30) days of receipt of written notice to do 'so.
C,
12. BENQH'AD shall place advertising copy only on
those benches at "locations -designated "Advertising" in Exhibit
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", 'TLOOK", "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 B NCH AD in writing within ten (10) days after receipt of
its obj ction or disapproval.
1 . 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
•• , ' • ••+1'r ' • • • • • • • • • •• '�
automatically renew this Agreement.
1.5. 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.
ATTEST: .
Alicia M. Wentworth
City Clerk
By dlm�-
Deputy
REVIEWED AND"APPROVED:
Citk Administrator
.CITY OF HUNTIN•GTON BEACH
A Munic4. al r " orati
p . •P on.
Mayol-
APPROVED AS TO FORM:
Y/ t ll 7741
'City Attorney MT
COAST UNITED ADVERTISING
D/B/A BENCH AD COMPANY
A943 East Slauson Avenue
Maywood, California 90270
09/16/98 12:04 FAX 8187030638 BENCH AD
C I T Y B E
N C H R E P
O R T
-
BENCH AD
CITY:
_HTB - HUNTINGTON BEACH
T
B409116/98
PAGE_:'•1
:` =;;' •.:°. ' _
3J
.n...
BENCH 10
STREET
CROSS STREET
CRNR
CITY ZIP
" PERMIT -
CUSTOMER
COPY_
. 57' :�` A `" • '.":. `.' :.
082735000
EDINGER
MONTEREY
NS
HTB
-
-
0827C6040
EDINGER
FANTASIA LN
NS
NTH
-
SKICRA
54-A
C827C6041
EDINGER
FANTASIA LN
NS
NTH
0827C6050
EDINGER
MELODY LN
HS
NTH
P 12372
"
0827C7000
ALGONQUIN
PEARCE
NBFS
NTH
-
-
0827C7010
ALGONQUIN
DAVENPORT
ES
HTB
-
FRANAUT
232*
OB27C7013
ALGONQUIN
HEIL
SE
NTH
12375
-
86
O827C7015
DAVENPORT
ALGONQUIN -
SW
HTB
65586
?DEBRA
259-C '
0827C7020
HEIL
LE GRANDE
SE
NTH
65598
SKICRA
54-A
0827C7030
WARNER
GREEN
SE
NTH
65509
-
86.
0827C7033
WARNER
HOSKINS
NE
NTH
P .
CRTINS
308E1*
0827C7034
WARNER
HOSKINS
WE
NTH
-
-
0827D3050
SOLSA
GRAHAM
SW
NTH
12376
NATSUN2
574A1*
0827D6005
SOLSA CHICA
EDINGER
SE
NTH
-
BARDELG
74-A
0827D6012
EDINGER
BOLSA CHICA
NW
NTH
-
0827D6015
BOLSA CHICA
SISSON
WE
HT8
12820
HATSUN2
574A1*
0827D6031
EDINGER
GRAHAM
NE
NTH
-
LIBCHR
547
082706032
EDINGER
GRAHAM
SW
NTH
-
DAIOUEHH
511-D
C827D7010
SOLSA CHICA
HEIL
HE
NTH
65578
LIBCHR
547
C827D7032
WARNER
SOLSA CHICA
NW
NTH
12998
BARDELG
74A*
C827D7033
WARNER
BOLSA CHICA
SE
NTH
P 09878
WOMURG
115-A
C827D7040
WARNER
GRAHAM
NW
NTH
P 09729
BARDELG
74-A
C827E3015
SOLSA
SPRINGDALE
SE
NTH
-
-
86
C827E3040
SPRINGDALE
ENGINEER
SW
NTH
64481
NATSUH2
574A1
0827F4036
SOLSA
DRAKE LN
SE
NTH
09702
-
0827F5000
SPRINGDALE
MC FADDEN
WE
NTH
-
-
0827F6010
EDINGER
PLYMOUTH
NW
NTH
09704
-
0827F6015
EDINGER
PLYMOUTH
SS
NTH
65594
-
0827F6020
EDINGER
SPRINGDALE
NW
NTH
12242
BARDELG
74A*
0827F6025
EDINGER
SPRINGDALE
SW
NTH
65595
DAIQUEHH
511-E
0827F7020
WARNER
LARK
NE
NTH
09730
SKICRA
54-A
0827F7040
WARNER
SPRINGDALE
NW
HTB
07408
PACCLU
401-A
0827F7045
WARNER
SPRINGDALE
SE
NTH
65511
WOMURG
115-A
0827G3000
EDWARDS
ROYAL OAKS
NE
*NTH
-
COMOV
906
0827G3010
SOLSA
EDWARDS
SE
NTH
61711
-
0827G6100
EDINGER
EDWARDS
SE
NTH
-
-
0827G6105
EDINGER
EDWARDS
NW
NTH
-
CDMOV
906*
0827G7016
WARNER
EDWARDS
SE
NTH
07406
WOMURG
115-A
0827G7035
WARNER
SCULPLH.
SS
NTH
-
PACCLU
401-8
0827H4035
GOTHARD
CENTER
SW
HIS
65597
MCDONAL
3-Y
D827H5000
EDINGER
COLLAGE ENTR
NW
H78
-
NRCNIK
845
0827HS012
EDINGER
GOLDEN WEST
SE
HIS
-
CONLIC
133
0827H5013
EDINGER
GOLDEN WEST
NW
HIS
-
PAGKISTN
354-A
0827H5015
EDINGER
7201 BLK
SS
NTH
65593
CONOV
906
0827H6020
EDINGER
GOTHARD
NW
NTH
65591
-
0827H6027
EDINGER
GOTHARD
SE
NTH
12712
MCDONAL
3-W
0827H6030
EDINGER
MARJAN LN
SE
NTH
65593
-
u
09/16/98
12:05 FAX 8187030638
BENCH AD Q003
C-1 T Y B E
N C H. R E P 0 R I
BENCH AD CITY:
HIS HUNTINGTON.BEACH.
T 0409/16/98
PAGE 2:
0.
BENCH ID STREET
-----------
CROSS STREET CRXR CITY ZIP PERMIT.
------------ ---- ---------
CUSTOMER
------
COPY
------------
0827H6046 GOLDEN PEST
STONEWOOD
-----------
ME
HTB
08620
0827H6050 GOLDEN WEST
EDINGER
SW'HTB
07132.
PACCLU
401 -A
0827H6060 GOLDEN WEST
LAURELHURST
Sw
HTB
.08621
0827H6080 GOLDEN WEST
VALENTINE
ME
HTB
08624
0827H6090 GOTHARD
EDINGER
ME.HTB
09988
PAGKISTM
354-A
0827H7006 GOLDEN WEST
HEIL
ME
HTB
.08627
SKICRA *
54-A
0827H7008 GOLDEN WEST
HEIL
SW
HTB
08629
0827H7010 GOLDEN WEST
-LYDIA
SW
-HTB
08630
C827H7015 GOLDEN WEST
NORMA
SE
HTB
_HT8
.07133
86
0827H7020 GOLDEN WEST
WARNER
SW
65596
DAIQUIEHli
511-C
0827H7025 WARNER
GOLDEN WEST
NW
HTB
-
UILLYO
750E
0827H7044 WARNER
GOTHARD
SW
HTB
10256
WOMURG
115-A
0827H7050 WARNER
7100 ELK
NS
HTB
-
CHRKAR
131
0827J4040 CENTER
HUNTING.VLLG SS
HIS
11399
-
86*
C827J5006 CENTER
HUNTING VLLG NS
HTB
11399
HARIND
510-H
C827J5340 GOTHARD
MC FADDEN i
SW
HTB
080*89
0827J6040 EDINGER
BEACH '
NW
HTS
09317
BARDELG
74-A
C827J6045 EDINGER
EHT.HUNT.CTR NW
HT8
08164
CONPLU
51
C827J6346 EDINGER
PARKSIDE LN
SW
HTS
-
PAGKISTM
354-A
0827J6347 EDINGER
7552 ELK
SE
HIS
08296
WOMUPG
115-A
O827J6060 EDINGER
SHER
NW
HIS-
P 07886
?DEBRA
9C.6
0827J6070 EDINGER
SHER
SE
HIS
07887
PAGKISTN
354-A
0827J7045 WARNER
BEACH
SW
HTB
65508
SKICRA
54-A
082BA6015 BEACH
HEIL
SW
HIS
-
NATSUN2
574AI
0828A6016 BEACH
HEIL
ME
HIS
12756
LISCHR
547
082BA6020 BEACH
TERRY
ME
HIS
-
CDMOV
906
082BA6025 BEACH
TERRY
SW
HIS
08591
NATSUN2
574AI
0828A7030 BEACH
WARNER
ME
H78
08166
NATSUN2
574-8
082BA7035 BEACH
WARNER
SW
HIS
65577
FPANAUT
232
0828A7040 WARNER
BEACH W/O
NW
HIS
09516
BARDELG
74-A
0828C4000 EDINGER
SWEETLEAF
NW
HIS
-
86
0857AI036 PAC CST HWY
WARNER
ME
HIS
HARIND
510-H
0857AI040 WARNER
PAC CST KWY
LP
HTB
PVT
4CAREC00
0857AI04Z WARNER
PAC CST HWY
LP
H78
PVT
HARIND
510-H
0857A1043 WARNER
PAC CST HWY
LP
HIS
PVT
CRUFOR
245A1
0857A1045 WARNER
PAC CST HWY
LP
HIS
PVT
HARIND
510-H
G857AIG46 WARNER
PAC CST HWY
LP
HIS
PVT
HARIND
510-H
08570025 WARNER
ALGONQUIN
NW
HIS
07149
BARDELG
74-A
.0857EI045 WARNER
GRAHAM
SE
HIS
-
NATSUN2
574A1
0857G7000 PAC CST HWY
GOLDEN WEST
ME
HIS
NATSUN2
574AI
0857G7005 PAC CST HWY
GOLDEN WEST
SE
HTB
-
BARDELG
74-A
0857G7020 PAC CST HWY
17TH
SE
HTB
06841
NATSUN3
574-8
0857G7025 PAC CST HWY
177H
ME
HTB
09296
SKICRA
54-A
0857G7028 PAC CST HWY
17TH
SW
HTB
TERHAR
979
0857G7030 ORANGE
17TH
HE
"HIS
07141
-
-
0857H1000 GOLDEN WEST
BETTY
ME
HIS
12749
LIBCHR
547
0857H1008 GOLDEN WEST
FORD
NW
HTB
08637
HARING
510-G
tVVII
09/16/98 12:OS FAX 8187030638 BENCH AD 004
C I T Y B E N C H . R E P O R T
BENCH AD CITY: HTB - HUNTINGTON BEACH T 5409/16/98 PAGE '3
BENCH IO STREET.
CROSS STREET CRNR CITY TIP
PERMIT
CUSTOMER
COPY
0857H1010 GOLDEN WEST
SLATER
NE
HTB
.08107
-
O8570015 GOLDEN WEST.
SLATER •_
SW
HTB
07134
Sum
54-A
0857HI022 GOLDEN WEST
TUCANA ..SW
HIS
HATSUN2
574A1*
0857H1027 GOLDEN WEST
TUCANA DR
WE
HIS
-
'FRANAUT
232*
0857H2O10 GOLDEN WEST
.RIO VISTA -'ES
HTB
08638
STAREA10
912-A
0857H2O15 GOLDEN WEST
RIO VISTA
SW
HTB
08639
SUKFEE
365
0857H2O20 GOLDEN WEST
CENTRAL PARK
NE
HTB
08640
SIESUM
30301
0857H3010 GOLDEN WEST
TAYLOR
NW
HTB
08641
HATSUN2
574A1*
0857H5010 GOLDEN WEST
CLAY
SW
HTB
08060
KATSUN2
574A1
0857H5020 MAIN
GARFIELD
NE
HIS
08157
STEHEH
471-C
0857H6010 GOLDEN WEST
YORK70WN
NE
HTB
06833
SUKFEE
365
0857H6015 MAIN
YORKTOWN
SW
HTB
09132
GUSBRO
67-A
0857H6016 MAIN
YORKTOWN
SW
HTB
-
STEHEH
471-E
0857H6020 MAIN
ADAMS
SW
HIS
08501
TERHAR
979
0857H6040 MAIN
UTICA
NE
HIS
08521
GUSBRO__
67-A
0857H6041 MAIN
SPRINGFIELDI
NE
HIS
-
28RHVD
471-C*
0857H6050 MAIN
17TH-UTICA
SW
HTB
NORMAN
FRANAUT
232
0857H6060 17TH
MAIN
SW
HT8
08520
SUKFEE
365
0857H6070 YORKTOWN
GOLDEN WEST
SE
HTB
06842
SUKFEE
365
0857H6071 YORKTOWN
GOLDEN WEST
SE
HIS
-
TERHAR
979
0857H6085 YORKTOWN
MAIN
SE
HTB
-
STEHEH
471-E -
0857H6090 YORKT06'N
MAIN
NW
HIS
08503
SKICRA
54-A
0857H6100 17TH
ADAMS
SW
HT8
08527
GUSBRO
67-A
085TH7000 ORANGE
14TH ST
SW
HTB
-
H3
-
0857H7030 MAIN
PALM
SW
HTB
-
SUKFEE
365
C85TH7035 MAIN
117H
NW
HIS
09133
GUSBRO
67-A
C857H7041 MAIN
12TH
SE
HIS,
-
GUSBRO
67-A
0857H7050 17TH
AGUA
ES
HIS
08526
FRANAUT
232
0857H7055 17TH
AGUA
SW
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08525
HARIND
510-H
C857H7060 17TH
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NW
HTB
07154
SUKFEE
365*
C857H7065 177H
PALM
NE
HTB
00314
HARIND
510-H
C857H7066 17TH
PECAN
SW
HTB
-
HARIND
510-H
C85MO% MAIN
DELAWARE
NW
HTB
08514
GUSBRO
67-A*
0857J3055 MAIN
DELAWARE
SE
HIS
-
FRANAUT
232
0857J4000 DELAWARE
GARFIELD
SE
HIS
-
TERHAR
979
085TJ4070 MAIN
HUNTINGTON
NW
HTB
-
-
0857J4075 MAIN
HUNTINGTON
HE
HIS
-
HCAREC00
085TJ5030 DELAWARE
CLAY
NE
HIS
65588
-
0857J5038 DELAWARE
17TH
NW
HIS
65572
-
0857J6052 DELWARE
2604 ELK
ES
HIS
-
-
-
0857J6070 YORKTOWN
HUNTINGTON
NW
HIS
08507
SUKFEE
365*
085TJ6075 YORKTOWN
HUNTINGTON
SE
HTB
08508
HCARECOO
-
0857J6080 YORKTOWN
LAKE
NW
HIS
08519
GUSBRO
67-A
0857J6085 YORKTOWN
LAKE
SE
HTB
08506
TERHAR
979
0858A1000 BEACH
SLATER
SE
HTB
12714
NA7SUN2
574-B
0858AI010 BEACH
BLAYLOCK
NE
HIS
61904
NATSUN3
574A1
085BA1015 BEACH
CTPRESS
SW
HIS
61905
-
86
09/16/98
12:06 FAX 8187030638
BENCH AD 0 005
C I T Y B E N C
H. R E P
O R T
BENCH AD CITY: HTB — HUNTINGTON
BEACH
T
8409/16/98 PAGE '4 .. —
—
_
BENCH ID STREET
CROSS STREET CRNR CITY ZIP
• .c PERMIT
CUSTOMER COPY - '' : A
0858A1030 BEACH
HOLLAND WE
HIS
M89
-
86
0858A1035 BEACH
HOLLAND 3001 N/WS HTB
08590
SKICRA
54-A
0858AIC40 BEACH
-SLATER .SW =.HT8'
63728
6RCNIK
845.
0858A2010 BEACH
LIBERTY SW
HTB
00353
MR
615*
085BA2025 BEACH
NEWMAN SE
HTB
65574
-
OiSSA2050 TALBERT
BEACH SE -
HTB
-
FRANAUT
232
0858A2051 TALBERT
BEACH SE
.HTB
-
NATSUN2
574A1*
0858A2052 BEACH
TALBERT SW
'HTB
WOMURG
115-A
OBSBA2053 BEACH
TALBERT HE
HTB
-
CONLIC
133
0858A3001 MAIN
ELLIS SW
HTB
-
+SAHCOLT 141
0858A3010 BEACH
GRAZIADIO NE
HTB
08586
CONLIC
133
OSSM3020 BEACH
MAIN SW
. HTB
63829
FRA.4AUT
232
0858A3022 BEACH
MAIN SW
HIS
P
MCDONAL
3DO
0858A3030 BEACH
TAYLOR SE
HTB
65575
CON?LU
51
085843033 BEACH
TAYLOR SW
HTB
09025
NATSUN3_
574A1
085BA3055 BEACH BLVD
ELLIS AVE NE
HTB
13042
GUSBRO
67-A
08SW070 HAIN
FLORIDA NS
MTB
08138
LIBCHR
547
C858A5000 BEACH
CLAY SW
HIS
P 10259
-
86
085SA5007 BEACH
CONSTANTINE SW
HTB
08585
SKICRA
54-A
0858A5010 BEACH
GARFIELD NE
HIS
63502
CONLIC
133
0858A5015 BEACH
GARFIELD SW
HTB
OG345
NCDONAL
3-110"1
C858A5020 BEACH
OWEN ES
HTB
13115
SKICRA
54A*
0858A5040 GARFIELD
BEACH NW
HTB
08509
SUKFEE
365
0858A5042 BEACH
YORKTOWN NE
HTB
08581
LIBCHR
547
0858A5045 GARFIELD
BEACH SE
HTB
08510
-
085BA5065 GARFIELD
FLORIDA SE
HTB
08512
-
085BA6010 ADAMS
BEACH NW
HIS
06829
CONLIC
133
10 0858A6020 BEACH
ADAMS NE
HTB
-
GUSBRO
67-A
�58A6025 BEACH
ADAMS SW
HIS
63501
?DEBRA
441-A
0658A6026 BEACH
ADAMS SW
HIS
11147
-
39-A
0858A6030 BEACH
UTICA NE
HTB
08579
NATSUN2
574A1*
085BA6035 BEACH
UTICA SW
HTB
08580
HCDONAL
388
0858A605O DELAWARE
ADAMS SE
HTB
65587
-
085BA7010 BEACH
INDIANAPOLIS NE
HIS
65573
SKICRA
54—A
0858A7015 BEACH
INDIANAPOLIS NW
HIS
63503
HATSUH3
574A1
0858A7017 BEACH
MEMPHIS NE
HIS
09556
—
86*
085BA7020 DELAWARE
MEMPHIS ES
HIS
07131
-
085BA7030 DELAWARE
PORTLAND WS
HIS
P 08593
-
—
0858B6010 ADAMS
COLDWATER LN NW
HIS
11317
-
86*
085886015 ADAMS
COLDWATER LN SE
HIS
11328
MB
—
085886020 ADAMS
NEW BRITAIN SE
HIS
11327
-
085886030 ADAMS
NEWLAND NW
HTB
68870
-
86
085886035 ADAMS
NEWLAND SE
HIS
11845
-
-
085886040 ADAMS
ROTHERT LN NW
HTB
11329
-
86*
0858C5005 GARFIELD
NEWLAND NW
HIS
-
-
0858C5011 GARFIELD
NEWLAND SW
HTB
-
-
232*
0858C5020 GARFIELD
MAGNOLIA NW
HTB
10292
SKICRA-
54-A
09/16/98 12:06 FAX 8187030638
C I T Y B E N C H R E P O R T
BENCH AD
BENCH AD CITY: HTS HUNTINGTON BEACH
T 8409/16/98 PAGE -5
BENCH ID STREET
CROSS STREET CRNR CITY ZIP
"PERMIT
CUSTOMER
COPY A '.
085SC5025 GARFIELD
MAGNOLIA
SE
HTB
10294
CONPLU
51
'0858C5040 MAGNOLIA
HYDE PARK
SW
HTB
10351
-
-
0858C5045 MAGNOLIA
HYDE PARK
SE ..
HTB
12834
-
0858C5055 MAGNOLIA
MOORPARK
SE
HTB
13078
-
085BC6010 ADAMS
BUSHARD
SE
HTB
65566
085SC6011 ADAMS
LOTUS
NE
HTB
-
-
0858C6012 ADAMS
SEABRIGE LN
SE
HTS
-
-
86
085SC6018 ADAMS
MAGNOLIA
NW
HTB
-
GILGRA
553
085SC6030 MAGNOLIA
ADAMS
NE
HTB
09873
GUSBRO
67-A
085BC6035 MAGNOLIA
ADAMS
SW
HTB
09874
SKICRA
54-A
085SC6037 MAGNOLIA
MADELINE
SE
HTB
P 12835
-
0858C6040 MAGNOLIA
YORKTOWN -'
WE
HTB
07138
-
86*
OBSBC6045 MAGNOLIA
YORKTOWY
SW
HTB
07139
NATSUN2
574A1
085SC7010 MAGNOLIA
INDIANAPOLIS NE
HTB
65633
GILGRA
553
0858C7015 MAGNOLIA
INDIANAPOLIS SW
HTB
-
GUSBRO _
67-A
0858C7020 MAGNOLIA
VILLAGE
HE
HTB
10180
-
86
085805010 GARFIELD
BUSHARD
NW
HTB
10314
STAREAA
303C
085SD5015 GARFIELD
BUSHARD
SE
HTB
10293
-
86
0858E4005 BROOKHURST
GARFIELD
SW
HT8
08183
LISCHR
547
0858E4010 BROOKHURST
KAMUELA
SE
HTB
08188
-
0858E4016 BROOKHURST
KAMUELA
SW
HTS
-
NATSUN2
574B•
0858E4025 BROOKHURST
KUKUI
NE
HTS
10183
-
-
085BE4050 GARFIELD
BROOKHURST
Nu
HTS
08192
JEmAR
303K1
0858E6010 ADAMS
BROOKHURST
Nu
HTB
65563
MCOONAL.
3-S2
085SE6012 ADAMS
BROOKHURST
SW
HTB
-
-
C858E6020 ADAMS
DERBYSHIRE
Nu
HTB
08165
-
86*
C858E6025 ADAMS
DERBYSHIRE
SE
HTB
08164
-
-
0858E6030 ADAMS
SUTTON
NW
HTS
07128
86*
085SE6045 BROOKHURST
ADAMS
NE
HT8
65579
SKICRA
54-A
C858E6J48 BROOKHURST
ADAMS 3001S Su
HTB
65583
-
-
C858E6060 BROOKHURST
CONSTITUTION NE
HTB
65581
RICVAL
303S
085BE6065 BROOKHURST
CONSTITUTION Su
HIS
08189
RICVAL
303S
0858E6080 BROOKHURST
YORKTOWN
SW
HTB
08184
CONPLU
51
0858E6085 BROOKHURST
YORKT%?I
NE
HTB
11091
NATSUN3
574-B
0858E7010 BROOKHURST
STONYBROOK
SE
HIS
07884
-
0858E7011 BROOKHURST
PECK
SW
HTS
-
-
86
0858E7020 BROOKHURST
MEREDITH
ES
HTB
07885
-
0858F6010 ADAMS
LAWSON LN
SE
HTB
65567
-
86
0858F6020 ADAMS
PICADILLY
NW
HIS,
07880
-
86
08870010 PAC CST HWY
11TH ST
WS
HTB
-
HARIND
510-H
0887H1016 PAC CST HWY
14TH ST
SE
HTB
-
HATSUN2
574A1
C887HI035 ORANGE
7TH
SE
HTB
07143
26RMVD
0887H1036 ORANGE
1ST
NE
HTB
-
HARIND
510-H
08870038 PAC CST HWY
MAIN
Su
HTB
-
NATSUN3
574A1
0887MI040 ORANGE
9TH
EBFS HTB
07144
NATSUW2
574A1*
0887HI092 PAC CST HWY
11TH
NE
HTB
-
RATSUR2
574A1
0887J1015 MAIN
ACACIA
NE
HTB
-
HARIND
510-H
.12i30i98 08:10 RI ER MEDIA CO -. 7345038 NO.618 002
12-29-98 05:15PM FROM 111 P02
Any shelter, bench, or other furniture not removed within the specified thirty (30)
working day period shall be declared abandoned, in which case CITY shall obtain ownership
by default, or at its elcction; remove the abandoned shelter. bench or furniture and charge
LICENSEE for all costs of removal, which costs arc secured by bonds as defined in 13 of the
aforementioned License Agreements.
The time within which the LICENSEE is obligated to remove shelters and
benches shall be extended for a period of time equal induration to, and performance shall
be excused on account of and for, and during the period of, any delay caused by strikes,
throat 4f S1IIkf5y 199k914 S1 wary threats of war, insurrection: invasion, acts of God,
calamities, violent action of the elements. fire, action or adoption of any regulation, law
or ordinance by any governmental agency, precluding LICENSEE'S perforrnance.
4. R.EAFFIRMATION
Cxccpt as apccifically modified berain, all other terms and coaditions of the original
License Agreements shall remain in fill force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to be
executed by and through their aueorized offices the day, month and year first above written.
:ELLERgMED INC.
print M- e
ITS: (circle one) Chaimtat: rid 'ice
President
8
pint name
ITS; (circle one) Secretary/Chief Financial
Officer/Asst. Secretary — Thaw=
)nVs#.�menftsomrNA 2n9199
CITY OF HUNTING?ON BEACH, A
municipal corporation of the State of California
REVIEWED AND APPROVED.
City Administrator
APPROVED AS TO FO M:
�s
City Attorney 1�
, „-,,,N1X ATED AND APPROVED:
Director of Administrative Services
?145365233
�12-29-98 06:15PM FROM 111 POI
AMENDMENT NO. 1 TO
LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH
AND ELLER MEDIA TO PROVIDE TRANSIT ADVERTISING SHELTERS
THIS AMENDMENT is made and entered into as of the day of
199_ , by and between the City of Huntington Beach, a municipal .
corporation hereinafter referred to as "CITY" and ELLER MEDIA, a Delaware corporation,
hereinafter referred to as "LICENSEE".
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Shelter Vision Media, Inc., dba Sheltervision to provide for transit
advertising shelters on November 21, 1994, which was thereafter assigned to LICENSEE on
February 3, 1997;
WHEREAS, the CITY entered into a License Agreement between the City of
Iuntington Beach and Patrick Target Media to provide for transit advertising shelters on
November 21, 1994, which was thereafter assigned to LICENSEE on February 3, 1997;
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Metro Display AdVcrtising;-,Inc?'to provide for transit advertising
shelters on February 6, 1995; and LICENSEE acquired a 100% interest in Metro Display
Advertising, Inc. on June 17, 1997;
WHEREAS, the parties mutually desire that CITY permit LICENSEE to continue to
provide transit advertising shelters in CITY and upon CITY sidewalks as previously provided
pursuant to the aforementioned License Agreements,
NOW, THEREFORE, it is agreed by CITY and LICENSEE as follows:
1. DURATION:
This Amendment shall commence on the 1st day of January, 1999 (the "Effective
Date") and remain in force until September 30, 1999, unless previously terminated as
hereinafter provided. This Amendment may be extended upon mutual consent of both
parties.
2. TERMINATIOWCANCELLATION
CITY shall have the right to terminate this Amendment with or without cause
effective upon thirty (30) days written notice to LICENSEE.
Upon notice of termination, LICtNSEPSYfall l'emove the unit and return the sites to
original condition or better, at LICENSEE'S sole expense. LICENSEE shall complete the
removal of all designated units and restoration of the affected sites within thirty (30) working
days following notice of termination.
Jmp/a$reemenVWsan=d/12nW9&
,12-29-98 06:15PM FROM 111
P02
Any shelter, bench, or other furniture not removed within the specified thirty (30)
working day period shall be declared abandoned, in which case CITY shall obtain ownership
by default, or at its election, remove the abandoned shelter, bench or furniture and charge
LICENSEE for all costs of removal, which costs are secured by bonds as defined in 13 of the
aforementioned License Agreements.
3. FORCE MAJEURE
The time within which the LICENSEE is obligated to remove shelters and
benches shall be extended for a period of time equal in duration to, and performance shall
be excused on account of and for, and during the period of, any delay caused by strikes,
throat Of 61rihu, jj?jh9V% warl threats of war, insurrection, invasion, acts of God,
calamities, violent action of the elements, fire, action or adoption of any regulation, law
or ordinance by any governmental agency, precluding LICENSEE'S performance.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the original
License Agreements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their authorized offices the day, month and year first above written.
ELLER MED INC.
print name
ITS: (circle one) Chairman esiden ice
President
By:
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary — Treasurer
a•.
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of California
REVIEWED AND APPROVED:
City Administrator
APPROVED AS TO FORM:
7 `City Attorney 1, (2`�
1 v'�Isg
JNTJIATED AND APPROVED:
Director of Administrative Services
Jmprag,sorrXAVbcuamend/12/29/98
LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND '
METRO DISPLAY ADVERTISING, INC.
TO PROVIDE FOR TRANSIT ADVERTISING SHELTERS
THIS AGREEMENT is made and entered into this day of 199X, by
and between the CITY OF HUNTINGTON BEACFd a municipal corporation oftreState of -
California, hereinafter called CITY and METRO DISPLAY ADVERTISING, INC., a California
corporation, hereinafter called LICENSEE.
WHEREAS, the parties mutually desire that CITY permit LICENSEE to provide transit
advertising shelters in CITY and upon CITY sidewalks at locations approved by the Director of
Public Works of CITY.
NOW, THEREFORE, the parties covenant and agree as follows:
�A U * -M_ Y
This agreement shall become effective July 1, 1994 and remain in force until
December 31, 1998, unless previously terminated as hereinafter provided. This agreement may be
extended upon mutual consent of both parties.
2. COMPENSATION
LICENSEE shall pay to the CITY a fee of Five Thousand Dollars ($5,000.00) per
month beginning July 1, 1994, and _ending December 31, 1995 or fifteen percent (15%) of the
gross revenue, whichever is greater. LICENSEE shall pay to CITY the sum of f welve Thousand
Dollars ($12,000.00) per month beginning January 1, 1996, and ending December 31, 1998, or
fifteen percent (15%) of the gross revenue, whichever is greater. This compensation clause is
payment for all the shelter locations as shown on Exhibit A for a maximum of 170 shelters.
Therefore'no additional shelters may be added under this -payment schedule. This minimum fee
shall be payable monthly in advance. Fees are non-refundable unless the CITY requests removal
of a shelter.
6/1 wdia14/13/94
Shelter advertising panels and overhead roofing shall contain lighting to illuminate
the inner area of the shelter.
LICENSEE shall furnish and pay for all electrical connections and the energy used
and supplied to the shelters and -shall indemnify'CITY-against any and all costs arising from the
use, maintenance and construction thereof.
Each shelter shall come equipped with one 22 gallon trash,receptaclefumished by
the shelter company.
Shelters shall be illuminated from dusk to dawn. Solar powered shelters may have
reduced hours of illumination from dusk to midnight. Materials to be used. will be subject to
CITY approval. Materials should withstand corrosive elements and be finished to resist graffiti.
Typical materials will be aluminum, tempered glass, steel supports and polyesters.
Each shelter will clearly display identification, shelter company's name and phone
. number and a CITY supplied shelter number.
Each shelter shall comply with all applicable government codes and regulations
including design specifications as may be set forth by the CITY.
S. MAINTENANCE
Each shelter and the immediate area around each shelter shall be inspected,
cleaned, and trash receptacles emptied not less than two (2) times per week.
Each shelter and bench and the immediate area around each shelter and bench shall
be steam cleaned as needed but not less than twice each year.
If shelter or bench damage or vandalism is such that the public could be exposed to
a dangerous situation while in or near the shelter or bench, LICENSEE shall repair or, if
necessary, remove the entire shelter or bench within twenty-four (24) hours of notification and it
shall be replaced and/or made fully operational at the same location within five (5) working days
after removal.
Graffiti and vandalism will be checked for during the twice weekly cleaning
operation. ,All graffiti found by such crews or by reports from citizens or the CITY will be
_ 3
LICENSEE hereby agrees to indemnify, defend, and hold and save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and any
and all losses or costs arising'out of the negligent performance of this Agreement by LICENSEE,
its officers -or employees.
10. W ®RE ERS' CONTENSA VON
LICENSEE shall comply with all of the provisions of the Workers Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of the California
Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable;
and shall indemnify, defend and hold harmless CITY from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature and description, including
attorney fees and costs presented, brought or recovered against CITY, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
LICENSEE under this agreement.
LICENSEE shall obtain and furnish evidence to CITY of maintenance of statutory
workers compensation insurance and employers liability in an amount of not less than $100,000
bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and
$250,000 bodily injury by disease, policy limit.
11. INSURANCE
In addition to the workers' compensation insurance and LICENSEE'S covenant to
indemnify CITY, LICENSEE shall obtain and furnish to CITY the following insurance policy
covering the -services provided under this agreement:
A policy of general public liability insurance, including motor vehicle coverage. Said
policy shall indemnify LICENSEE, its officers, agents and employees, while acting within the
scope of their duties, against any and all claims arising out of or in connection with the services
provided herein, and shall provide coverage in not less than the following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
fthn mii2fW4
LICENSEE will post restoration bonds The bonds may be in the form of an
irrevocable letter of credit, surety bond or in such form as approved by the City Attorney.
The first bond shall be in the amount of $10,000 and shallbe delivered to the
CITY within thirty (30) days of the execution .of this Agreement.
'. A.second bond in the amount of $102000 will be delivered to the CITY within six
(6) months after execution of this Agreement.
A third bond in the amount of $10,000 will be delivered to the CITY within one
(1) year of execution of this Agreement.
A fourth bond in the amount of $102000 will be delivered to the CITY within
eighteen (18) months of the execution *of this Agreement.
All bonds shall remain in full force and effect during the term of this Agreement.
14. NOTICES
Any notice or special instructions required to be given in writing under this
agreement shall be given either by personal delivery to LICENSEE'S agent (as designated in
Section 1 hereinabove) or to CITY'S Director of Public Works as the situation shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY:
Director of Public Works
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
TO LICENSEE:
Tony Ingegneri, Vice President
Government Relations
Metro Display Advertising, Inc.
15265 Alton Park, Suite 100
Irvine, CA 92718
15. 7CERM NATION/CANCELLATION
CITY may terminate this agreement for cause. LICENSEE shall be afforded a
pre -termination notice and opportunity to respond prior to any such termination.
AV
7
6WMCt1W12W4
19. ENTIRETY
The foregoing sets forth the entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
by and through their authorized officers the day, month and year first above written.
LICENSEE:
METRO DISP AY AD RTISING, INC.
By: - G
sign e
e-dT7r k�
GqP, t e
Its: (circle one C reside ice President
By: _
sign tore
print name
Its: (circle one Secre Chief Financial
Officer/Asst. Secretary - Treasurer
REVIEWED AND
CITY OF HUNTINGTON BEACH, a
municipal corporation of the
State of California
0 0 � 7
Mayor
ATTEST:
4�� 49w4wpp- --
City Clerk
APPROVED AS TO FORM:
1 Attorney
INITIATED AND APPROVED:'
D' ector'of Public Works
WMcW12/844
AGREEMENTLICENSE BETWEEN
Crff OF HUNTINGTONBEACH ANPATRICK TARGET MEDIA I
TO PROVIEDE FOR TRANSIT ADVERTISING SHELTERS
D
THIS AGREEMENT' is made and entered into this ��5�t ' day of_jj�keMhe, ^
1994, by. and between the CITY OF HUN'd'INGTON BEACK a municipal corporation ofthe
- State of California, hereinafter called CITY and PATRICK TARGET MEDIA, a limited
partnership, by PATRICK TARGET MEDIA, a Delaware corporation - general partner,
hereinafter called LICENSEE.
WHEREAS, the parties mutually desire that CITY permit LICENSEE to provide transit
advertising shelters in CITY and upon CITY sidewalks at locations approved by the Director of
Public Works of CITY.
NOW, THEREFORE, the parties covenant and agree as follows:
This agreement shall remain in force until December 31, 1998, unless previously
terminated as hereinafter provided. This agreement may be extended upon mutual consent of
both parties.
2. COMPENSATION
LICENSEE shall pay to the CITY a fee of One hundred Dollars ($100.00) per
month per shelter, or 15% of gross advertising revenue, whichever is greater. This minimum per
shelter fee will be increased by Five Dollars ($5.00) per year beginning January 1, 1995, and by a
same amount each successive year on the first day of January during the term of this agreement.
This minimum fee per shelter shall be payable quarterly (i.e. January 1st, April 1st, July 1st and
October 1st) in advance. Fees are non-refundable unless the CITY requests removal of a shelter.
A listing will be provided to the CITY each quarter showing each shelter, the
advertisings, and revenue for that location. The listings will be due April 30th, July 31st, October
31st and January 31st.
5VVkv=:PatrickTargct MediaW/29/94
Any additional monies due the CITY in excess of the annual minimum will be paid
no later than July 3lst. Fees received after the due date are subject to 10% per month penalty.
If fees are delinquent more than 60 days, the CITY may declare the contract
voided and order removal of all shelters.
The shelter and location covered by this license agreement are listed on
Exhibit "A' and made a part of this agreement.
LICENSEE may request additional shelter locations. The Director of Public
Works will determine if the location requested fills a need and grant additional locations. Such
new locations will be subject to the same expiration date and terms as this contract. All new
locations will require payment of all permits and fees as are established by ordinance or resolution.
In addition, a one -tune fee of $500 will be required for each additional location.
Advance minimum fees for new shelters will be prorated to January 1st.
Where more than one company requests the same location, the CITY will award
the locations alternately to each company.
3. NON-EXCLUSIVE RIGHT TO ERECT SHELTERS
The rights granted herein are not exclusive, and during the terms 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.
4. TYPE OF SHELTER
All shelters will include a bench, roof and side panels. Back and side panels will be
constructed of tempered bronze glass or a material authorized in writing by the Director of Public
Works. A map display case is desirable.
Shelters will be of approximately the following dimensions with a minimum of 4feet
between the shelter and the curb face.:
a. 17 feet in length
b. 5 feet in depth
C. 8 feet, 6 inches in height
2 -
MediaN009/94
Advertising panels are limited to two illuminated panels, with each display face
no more than 48 inches wide and 72 inches high.
Shelter advertising panels and overhead roofing shall contain lighting to illuminate
inner area of the shelter.
LICENSEE. shall furnish and pay for all electrical connections and the energy used
supplied to the shelters and shall indemnify CITY against any and all costs arising from the
maintenance and construction thereof.
Each. shelter shall come equipped with one 22 gallon trash receptacle furnished by
the shelter company.
Shelters shall be illuminated from dusk to dawn. Solar powered shelters may have
reduced hours of illumination from dusk to midnight. Materials to be used will,be subject to
CITY approval. Materials should withstand corrosive elements and be finished to resist graffiti.
Typical materials will be aluminum, tempered glass, steel supports and polyesters.
Each shelter will clearly display identification, shelter company's name and phone
number and a CITY supplied shelter number.
Each shelter shall comply with all applicable government codes and regulations
including design specifications as may be set forth by the CITY.
5. MAINTENANCE
Each shelter and the immediate area around each shelter shall be inspected,
cleaned, and trash receptacles emptied not less than two (2) tunes per week.
Each shelter and bench and the immediate area around each shelter and bench shall
be steam cleaned as needed but not less than twice each year.
If shelter or bench damage or vandalism is such that the public could be exposed to
a dangerous situation while in or near the shelter or bench, LICENSEE shall repair or, if
necessary, remove the entire shelter or bench within twenty-four (24) hours of notification and it
shall be replaced and/or made fully operational at the same location within five (5) working days
after removal.
CO
3 �
3\sslAv=.PatdckTa &ct McdiaW/29/94 -
Graffiti and vandalism will be checked for during the twice weekly cleaning
operation. All graffiti found by such crews or by reports from citizens or the CITY will be
removed within five (5) working days. A twenty-four hour emergency telephone number shall be
supplied to the CITY.
6. . PERMITS, FEES AND LICENSES
LICENSEE will obtain all permits and for business license and pay the costs and
fees regularly assessed by CITY.
7. TYPES OF ADVERTISING
LICENSEE shall utilize shelters only for advertising material and will not permit
obscene, indecent and vulgar advertising. No shelter may advertise tobacco products. Alcohol
advertising will be limited to beer and wine and no more than twenty percent (20%) of the shelters
will be allowed such advertising at any one time. No alcohol advertising may be displayed within
500 feet of school, church or CITY park LICENSEE will withdraw any shelter advertising
which CITY in its sole discretion determines to be inappropriate an&such advertising shall be
removed upon twenty-four (24) hours notice of such determination.
LICENSEE shall make up to five percent (5%) of space available for public
service advertising. Public service advertising space is to be provided only when not rented to an
advertiser.
S. SITE LOCATIONS
The location of shelters will be chosen by mutual agreement of the Public Works
Director and an authorized representative of LICENSEE.
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, LICENSEE will remove and relocate such shelters and bear all costs of restoring the
sites and relocating each shelter.
All shelters at new locations will be erected within sixty (60) days of CITY
v
approval.
4
3U%AVw..P&WckTuptMediaW7 OW4
9. INDEMNIFICATION AND HOLD HARMMESS
LICENSEE hereby agrees to indemnify, defend, and hold and save harmless
CITY, its officers and employees from any and all liability, including any claim of liability and any
:and all losses or costs arising out of the negligent performance of this Agreement by LICENSEE,,
its officers or employees.
10. WORI ERS' COMPENSATION
LICENSEE shall comply with all of the provisions of the Workers Compensation
Insurance and Safety Acts of the State of California, the applicable provisions of the California
Labor Code and all amendments thereto; and all similar state or federal acts or laws applicable,
and shall indemnify, defend and hold harmless CITY from and against all claims, demands,
payments, suits, actions, proceedings and judgments of every nature and description, including
attorney fees and costs presented, brought or recovered against CITY, for or on account of any
liability underany.of said acts which may be incurred by reason of any work to be performed by
LICENSEE under this agreement.
LICENSEE shall obtain and furnish evidence to CITY of maintenance of statutory
workers compensation insurance and employers liability in an amount of not less than $100,000
bodily injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and
$250,000 bodily injury by disease, policy limit.
11. INSURANCE
In addition to the workers' compensation insurance and LICENSEE'S covenant to
indemnify CITY, LICENSEE shall obtain and furnish to CITY the following insurance policy
covering the services provided under this agreement:
A policy of general public liability insurance, including motor vehicle coverage. Said
policy shall indemnify LICENSEE, its officers, agents and employees, while acting within the
scope of their duties, against any and all claims arising out of or in connection with the services
provided herein, and shall provide coverage in not less thanthe following amount: combined
single limit bodily injury and property damage, including products/completed operations liability
5
31s\4=:Pati* Tugd MediaV6n9/94
and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a
form which includes a designated general aggregate limit, the aggregate limit must be no Hess than
$11*000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and
shall specifically provide that any other insurance coverage which maybe applicable to the service
provided herein, shall be deemed excess coverage and -that LICENSEE'S insurance shall be
primary.
12. CERTIFICATES OF MSURANCE,,ADDMONAL INSURED
Prior to commencing performance of the work hereunder, LICENSEE shall furnish
to CITY certificates of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverages as required by this agreement; said certificates shall provide the
name and policy number of each carrier and policy, and shall state that the policy is currently in
force and shall promise to provide that such policies will not be canceled or modified without
thirty (30) days prior written notice of CITY. LICENSEE shall maintain the.foregoing insurance
coverages in force until the work under this agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverages shall not derogate
from the provisions for indemnification of CITY by LICENSEE under the agreement. CITY or
its representative shall at all tunes have the right to demand the original or a copy of all said
policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all
insurance hereinabove required.
A separate copy of the additional insured endorsement to each of LICENSEE'S
insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be
provided to the City Attorney for approval prior to any payment hereunder.
6
SAAg m:Patrick Target Medial 6/29/94
13. RESTORATION BOND
LICENSEE will post a $500 per shelter restoration bond.. The bond may be in the
form of an irrevocable letter of credit, surety bond or in such form as approved by the City
Attorney.
14. NOTICES
Any notice or special instructions required to be given in writing under this
agreement shall be given either by personal delivery to'LICENSEE'S agent (as designated in
Section 1 hereinabove) or to CITY'S Director of Public Works as the situation. shall warrant, or
by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the
United States Postal Service, addressed as follows:
TO CITY:
Mr. Lou Sandoval
Director of Public Works
City of Huntington Beach
2000 Maui Street
Huntington Beach, CA 92648
TO LICENSEE:
Steven J. Hunt
Executive Vice President/Chief Financial. Officer
Patrick Target Media Group, Inc.
737 North Michigan, Ste. 1300
Chicago, IL 60611-
15. TERMINATION/CANCELLATION
CITY may terminate this agreement for cause. LICENSEE shall be afforded a
pre -termination notice and opportunity to respond prior to any such termination.
LICENSEE shall have the right to cancel the contract or remove shelters for
reasonable cause. The CITY shall receive ninety (90) days prior notice to such cancellation. All
..shelters that are removed due to cancellation or termination shall have the location restored to the
original site condition acceptable to the Director of Public Works. The costs of all restoration
will be borne by LICENSEE.
16. SALE OR TRANSFER OF CONTRACT
It is of importance to CITY that the holder of this contract has both the industry
experiences and financial capability to carry out the terms and conditions of this contract in a
7
SliW=-Pahick Target MediaWW/94
F.
Huntington Beach
February 22, 1999
CITY OF HUNTINGTON BEACH
2000 Main Street Huntington Beach California 92648
CENTRAL. SERVICE DIVISION
This is addendum #2 to the Request for Proposal for Transit Advertising Services,
RFP#990305-1. Below are the following changes:
1. "General Traffic Engineering criteria for the location of transit advertising services
& Design Concept" is an addition to the original Request for Proposal.
2. Within the Franchise Agreement on page 9 "#11. ADVERTISING STANDARDS" has
changes on C. #4 per attached.
3. On page 5 of the proposal, "112. titled Compensation", please fill out the new
compensation section attached.
Everything else will remain the same.
Sincerely,
Marilyn Goldstein
/mg
Addend2.doc
L L I �41
02/22/9912:52 PM � ; j1 v
General Traffic Engineering criteria for the location of transit
advertising services.
Transit advertising services can potentially be placed anywhere a bus stop, as identified
by the Orange County Transit Authority, exists in the city. In addition to the criteria
mentioned in the RFP, the shelter shall not block the visibility of driveway
ingress/egress or business signage.
Design Concept
Although design concepts are discussed in the RFP, the City is open to alternative
design concepts which may enhance the overall quality of the project. Changes in
design concepts shall be discussed with and approved by City staff.
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products. Bee_ and , ine adveA:si~�
aeeeptabk
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc. .
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3)
four -week segments each year for ten (10) years.
6
g:jmp/busbench/bussheld2/21/99
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is .
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products.
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3)
four -week segments each year for ten (10) years. C
9 `3
gjmp/busbench/bussheIVM1/99
12. Compensation. Identify the proposed "COMPENSATION TO CITY" (as defined
in the proposed Agreement). The compensation is on a per month basis for each
advertising shelter plus a non -advertising bench, an advertising shelter only, or an
advertising bench only, and must be provided in the spaces below.
Contract
Year
Guaranteed Minimum
Monthly Payment
(Shelter + Non Ad
Bench
Guaranteed Minimum
Monthly Payment
(Shelter Only)
Guaranteed Minimum
Monthly Payment (Ad
Bench Only)
OR, Percentage Of
Gross Advertising
Revenue
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Potential
Extension
Year 11
Year 12
Year 13
Year 14
Year 15
LOAAMMY
Iola
Huntington Beach
February 22, 1999
CITY OF HUNTINGTON BEACH
2000 Main Street Huntington Beach California 92648
CENTRAL SERVICE DIVISION
This is addendum #2 to the Request for Proposal for Transit Advertising Services,
RFP#990305-1. Below are the following changes:
1. "General Traffic Engineering criteria for the location of transit advertising services
& Design Concept" is an addition to the original Request for Proposal.
2. Within the Franchise Agreement on page 9 "#11. ADVERTISING STANDARDS" has
changes on C. #4 per attached.
3. On page 5 of the proposal, "#12. titled Compensation", please fill out the new
compensation section attached.
Everything else will remain the same.
Sincerely,
Marilyn Goldstein
/mg
Addend2.doc
L
02/22/9912:52 PM ����7 ko
`�
General Traffic Engineering criteria for the location of transit
advertising services.
Transit advertising services can potentially be placed anywhere a bus stop, as identified
by the Orange County Transit Authority, exists in the city. In addition to the criteria
mentioned in the RFP, the shelter shall not block the visibility of driveway
ingress/egress or business signage.
Design Concept
Although design concepts are discussed in the RFP, the City is open to alternative
design concepts which may enhance the overall quality of the project. Changes in
design concepts shall be discussed with and approved by City staff.
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER", or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products. Doe.- and mine advei4isi ,.,
ueeeptable:
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc. .
D. The Director of Public Works or his/her designee will make the final determination on
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3)
four -week segments each year for ten (10) years.
gjmp/busbench/bussheld2/21/99
11. ADVERTISING STANDARDS
A. Shelter advertising shall be limited to two backlit ad panels per shelter. If the side
walk/parkway is narrow, access is to be provided by pouring additional slab. Alternative
advertising panel designs as required on a site -by -site basis will require the specific approval of the
Director of Public Works, or his/her designee.
12.36.
B. All advertising shall conform to the requirements of Huntington Beach Municipal Code
C. Any proposed advertising to be located on said shelter ad panels shall not:
1. Display the words "STOP", "DRIVE-IN", "DANGER', or any other word,
phrase, symbol or character which may interfere with, mislead, confuse, or direct
vehicular traffic.
2. Comprise of rotating, revolving, or flashing lighting devises.
3. Promote material which the CITY in its sole discretion determines is -
offensive to community standards of good taste.
4. Promote alcohol and/or tobacco products.
5. Promote unsold bus shelter advertising space.
6. Contain "on -site business identification signs", "off -site business
identification signs", or "political advertisements". For the purpose of this
Agreement, "on -site business identification signs" are defined as bus shelter ad
panels immediately adjacent to the business which is the subject of the shelter ad.
Business with multiple sites within the CITY are exempt from this ad restriction.
"Off -site identification signs" are defined as ad panels that give specific direction to
an advertiser's place of business other than the site's address. Restrictions include,
but are not limited to indications such as: directional arrows; "one block"; "next
right"; etc.
D. The Director of Public Works or his/her designee will make the final determination on.
unacceptable advertising. In the event that an advertisement is determined to be
unacceptable, GRANTEE agrees to remove said advertising within twenty-four (24) hours
of official notification, which may be made by telephone.
12. PUBLIC SERVICE MESSAGES
A. GRANTEE shall make available to the CITY, fifteen advertising panels for three (3).
four -week segments each year for ten (10) years.
g Jmp/busbench/busshelt/2/21 /99
12. Compensation. Identify the proposed "COMPENSATION TO CITY" (as defined
in the proposed Agreement). The compensation is on a per month basis for each
advertising shelter plus a non -advertising bench, an advertising shelter only, or an
advertising bench only, and must be provided in the spaces below.
Contract
Year
Guaranteed Minimum
Monthly Payment
(Shelter + Non Ad
Bench
Guaranteed Minimum
Monthly Payment
(Shelter Only)
Guaranteed Minimum
Monthly Payment (Ad
Bench Only)
OR, Percentage Of
Gross Advertising
Revenue
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 8
Year 9
Year 10
Potential
Extension
Year 11
Year 12
Year 13
Year 14
Year 15
0
tow
Huntington Beach
February 8, 1999
«Company»
«Address>>
Citystzip»
«Attn»
CITY OF 1' UNTINGTON BEACH
2000 Main Street Huntington Beach California 92648
CENTRAL. SERVICE DIVISION
This is an addendum to the Request for Proposal for Transit Advertising Services,
RFP#990305-2, which was sent out on Friday February 5, 1999. In the original mailing we did
not include the attachment enclosed. This attachment falls under "Required Information" #11
"Installation Schedule" on page 5. Everything else remains the same.
Sincerely,
Marilyn Goldstein
/mg
VA �
03R9/9911:44 AM
AMENDMENT NO.1 TO
LICENSE AGREEMENT BETWEEN THE CITY OF MUNTINGTON BEACH -
AND ELLER MEDIA TO PROVIDE TRANSIT ADVERTISING SMELTERS
THIS AMENDMENT is made and entered into as of the day of .
199" , by and between the City of Huntington Beach, a municipal
corporation hereinafter referred to as "CITY" and ELLER MEDIA, a Delaware corporation,
hereinafter referred to as "LICENSEE".
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Shelter Vision Media, Inc., dba Sheltervision to provide for transit
advertising shelters on November 21, 1994, which was thereafter assigned to LICENSEE on
February 3, 1997;
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Patrick Target Media to provide for transit advertising shelters on
November 21, 1994, which was thereafter assigned to LICENSEE on February 3, 1997;
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Metro Display Advertising, Inc. to provide for transit advertising
shelters on February 6, 1995; and LICENSEE acquired a 100% interest in Metro Display
Advertising, Inc. on June 17, 1997;
WHEREAS, the parties mutually desire that CITY permit LICENSEE to continue to
provide transit advertising shelters in CITY and upon CITY sidewalks as previously provided
pursuant to the aforementioned License Agreements,
NOW, THEREFORE, it is agreed by CITY and LICENSEE as follows:
DURATION:
This Amendment shall commence on the 1 st day of January, 1999 (the "Effective
Date") and remain in force until September 30, 1999, unless previously terminated as
hereinafter provided. This Amendment may be extended upon mutual consent of both
parties.
2. TERMINATION/CANCELLATION
CITY shall have the right to terminate this Amendment with or without cause
effective upon thirty (30) days written notice to LICENSEE.
Upon notice of termination, LICENSEE shall remove the unit and return the sites to
original condition or better, at LICENSEE'S sole expense. LICENSEE shall complete the
removal of all designated units and restoration of the affected sites within thirty (30) working
days following notice of termination.
Jmp/aVv=endbusamend/12/29/98
Any shelter, bench, or other furniture not removed within the specified thirty (30)
working day period shall be declared abandoned, in which case CITY shall obtain ownership
by default, or at its election, remove the abandoned shelter, bench or furniture and charge
LICENSEE for all costs of removal, which costs are secured by bonds as defined in 13 of the
aforementioned License Agreements.
3. FORCE MAJEURE
The time within which the LICENSEE is obligated to remove shelters and
benches shall be extended for a period of time equal in duration to, and performance shall
be excused on account of and for, and during the period of, any delay caused by strikes,
threat of strikes, lockouts, war, threats of war, insurrection, invasion, acts of God,
calamities, violent action of the elements, fire, action or adoption of any regulation, law
or ordinance by any governmental agency, precluding LICENSEE'S performance.
4. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of the original
License Agreements shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be
executed by and through their authorized offices the day, month and year first above written.
ELLER MEDIA, INC.
M
print name
ITS: (circle one) Chairman/President/Vice
President
print name
ITS: (circle one) Secretary/Chief Financial
Officer/Asst. Secretary —Treasurer
CITY OF HUNTINGTON BEACH, A
municipal corporation of the State of California
REVIEWED AND APPROVED:
�v
Ci Administrator
APPROVED AS A, TO F RM:
a
City Attorney 1'y 2�
INITIATED AND APPROVED:
Director of Administrative Services
Jmp/ag=n= W usamend/12/29/98
12/30/98 08:10 ELLER MEDIA CO -, ?,345038
7143s65233
: 12-29-98 06:15?M FROM III
NO.616 W33
poi
AMENDMENT NO. I TO
LICENSE AGREEMENT BETWEM THE CITY OF RLMINGTON BIRCH.
AND ELLER MEDIA TO PROVIDE TRANSIT ADVERTISING SHELTERS
THIS AMENDMENT is made and entered into as of the day of
. 199__, by and between the City of Huntington Beach, a Municipal
corporation hereinafter referred to as "CITY" and ELLER MEDIA, a Delaware corporation,
hereinafter referred Was "LICENSEE".
WHEREAS, the CITY entered into a License Agreement between the City of
Huntington Beach and Shelter Vision Media, Inc., dba Sheltervision to provide for transit
advertising shelters on November 21, 1994, which was thcrea¢3er assigned to LICENSEE on
February 3. 1997;
WHEREAS, the CITY entered into a License Agreement between the City of
Ituntin$ton Bauch and Patrick Target Media to provide for transit Advertising shelters on
November 21, 1994, which was thereafter assigned to LICENSEE on February 3, 1997;
WHEREAS) the CITY entered into a License Arctnent between the City of
fiuritington Beach and Metro Display AdQc1tisivS,1n0?4to provide for transit advertising
shelters on February 6,1995; and LICENSEE acquired a 100% interest in Metro Display
Advertising, Inc.•cn June 17, 1997;
WHEREAS, the pasties mutually desire that CITY permit LICENSEE to continue to
pro,dde transit advertising shelters in CrrY and upon CITY sidewalks as previously provided
pursuant to the aforementioned License Agreements,
NOW, THEREFORE, it is agreed by CITY and LICENSEE as follows:
This Amendment shall continence on the 1st clay of January, 1999 (the "Effective
Date") and remain in force until September 30, 1999, unless previously terminated a$
hereinafter provided. This Arricndment may be extended upon mutual consent of both
patties.
2. TEnji NATiONICA MELLATIOD1
CITY shall have the right to terminate this Amendment with or without cause
effective upon thirty (30) days written notice to LICENSEE.
Upon notice of termination, LIC04SEE*tftll iernove the unit and return the sites to
original condition or better, at LICENSEE'S sole expense. LICENSEE shall complete the
removal of all designated units and restoration of the affected sites within thirty (30) working
days following notice of termination.
Jmyo�roer++�nVbusamrndtl stt�'A8
TOTAL P.02
CULVER AMHERST
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Wayfinder Systems
As part of its effort to improve the streetscape in Huntington Beach, Culver Amherst is willing to
l , provide ten (10) wayfinder structures similar to.the ones pictured in the following three pages.
These would be manufactured and installed at no cost to the City. Culver Amherst will work
- jointly with the City to design an attractive, informative wayfinder system. The wayfinder system
is optional and installation of the wayfinder system is at the full discretion of the City.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
WAY%FtN`�Di,'N.'1-3,:'�'6-;E-X",'A,-�'
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Information Kiosks
The Information Kiosks illustrated in the following pages are also available in a number of
alternative designs and colors. Culver Amherst proposes to install a number of these kiosks in the
City of Huntington Beach. One panel of the kiosk can be dedicated to community news, events
schedules, public announcements, tourist maps, etc. The Information Kiosks are an optional
component of Culver Amherst's street furniture program, at the discretion of the City.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5,1999
I F'
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Newsracks
As part of its effort to improve the streetscape in Huntington Beach, Culver Amherst would like the
City of Huntington Beach to consider the installation of its modular newsrack system.
Photographic renderings of the product are featured in the attached pages.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
r- SR^C .,kj "V R
-10!44
AMR OA -MAV
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Newsracic Version n° 1
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History of the Proposer's
Relevant Sales & Operational Experience
Chris Culver Shelter Media 1983-88
Built 1,000 bus shelters with advertising in the Los Angeles market. Shelter Media was
sold to Gannett Outdoor in 1988.
Transportation Displays Inc. 1991-94
As Executive Vice President at TDI, Mr. Culver redefinedsales and marketing and. in. three
years grew revenue from $110 million to $175 million annually.
Mark Van Fossan Patrick Media — Eller Media
As President of Patrick Media, Mr. Van Fossan was responsible for developing the
company's growth and expansion into the shelter business. Mr. Van Fossan ended his
career with Patrick Media when he orchestrated the sale of the company to Eller.
John Hall Shelter MediaGannett Outdoor Co. 1983-96
As Director of Transit, Mr. Hall was responsible for transit properties in Southern
California, including the revival of the bus shelter franchise in San Diego. Prior to joining
Gannett, Hall negotiated several transit franchises, including the one in Huntington Beach, CA.
Outdoor Systems, Inc. 1996=98
After the acquisition of Gannett Outdoor by OSI, Mr. Hall was named Director of Transit
in charge of Public Affairs. His expertise and dedication made it possible for. OSI to _secure
additional key properties across the United States.
Mike Culver
Shelter Media/Gannett
1985-97
In his 12 years of national sales at various markets Mr. Culver has sold more shelter advertising
to more national clients than anyone. Mr. Culver's experience started in Los Angeles and he has
built shelter sales operations in Atlanta, Cincinnati, New York.
Culver Amherst New York Apple Bus Tours
The firm owns the exclusive rights to sell Super King and Super Tail advertising panels on the
exterior of 60 Double Decker buses in Manhattan.
Culver Amherst NY -NJ -CT Bus Shelters
Culver Amherst has achieved an 85% occupancy rate in its bus shelter franchises in New
York, New Jersey and Connecticut. This success is largely due to the firm's strong
relationships with companies such as Chase Manhattan Bank, Disney, Avon Products,
Snapple, Orion Pictures, USPS, Bell Atlantic, Kinko's, Continental Airlines, Armani,
Versace, Nissan, Honda, Valvoline and others.
Culver Amherst New York City - Walls & Billboards
The firm has secured over 50 leases for outdoor advertising sites and achieved a 75%
occupancy rate. /
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Clients & Cities Served by Culver Amherst
1. List of Municipalities served by Culver Amherst
2. Franchise History & Compensation By Market
3. List of Advertising Clients
NU
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5,1999
Culver Amherst currently operates transit shelter advertising franchises in the following
municipalities:
California: Newport Beach Laguna Hills
Laguna Beach Tustin
Sunset Beach Santa Ana
Foothill Ranch
Note: The Company operates bus shelters in these cities under
agreements with the County of Orange.
Connecticut: Bridgeport
Hartford
Norwalk
Stamford
New Jersey: Bloomfield
Elmwood Park
Verona
New York: Albertson
Baldwin
Bethpage
Carle Place
East Meadow
Elmont
Flower Hill
Franklin Square
Freeport
Garden City
Glen Cove
Hempstead
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5,1999
Waterbury
Naugatuck Valley
New Britain
West Orange Union
Fairlawn Lyndhurst
Cedar Grove
Hempstead Village New Cassel
Island Park
New Hyde Park
Jericho
North Merrick
Lake Success
N. Valley Stream
Levittown
Oceanside
Lido Beach
Plainview
Lynbrook
Port Washington
Manhasset
Seaford
Massapequa
Uniondale
Merrick
Valley Stream
Mineola
Westbury
Munsey Park
FRANCHISE HISTORY & COMPENSATION
c—
The following is an overview of Culver Amherst's current bus shelter operations, by
market. Figures in parentheses represent the year the franchise commenced:
California: Newport Beach Laguna Hills
(1996) Laguna Beach Tustin
Sunset Beach Santa Ana
Foothill Ranch
Note: The Company operates bus shelters in these cities under
agreements with the County of Orange.
Compensation: Payments are based on flat fees per shelter.
Connecticut: Bridgeport (1996) Waterbury (1981)
Hartford (1983) Naugatuck Valley (1983)
Norwalk (1981)) New Britain (1993)
Stamford (1980)
Compensation: Payments are based on a percentage of revenue only.
New Jersey: Bloomfield (1997) West Orange (1998) Union (1998)
Elmwood Park (1997) Fairlawn (1997) Lyndhurst (1998)
Verona (1997) Cedar Grove (1998)
Compensation: Payments are based on a percentage of revenue only.
New York: Albertson
(1997) Baldwin
Bethpage
Carle Place
East Meadow
Elmont
Flower Hill
Franklin Square
Freeport
Garden City
Glen Cove
Hempstead
Hempstead Village
Island Park
Jericho
Lake Success
Levittown
Lido Beach
Lynbrook
Manhasset
Massapequa
Merrick
Mineola
Munsey Park
New Cassel
New Hyde Park
North Merrick
N. Valley Stream
Oceanside
Plainview
Port Washington
Seaford
Uniondale
Valley Stream
Westbury
Compensation: Guaranteed Annual Payment vs. Percentage of Revenue.
1997: Exceeded guaranteed payment by 560%
1998: Exceeded guaranteed payment by 757%
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5,1999
Partial List of Advertisers (March 1999)
Public Service
Entertainment
Media
Project Safe Baby
Universal Pictures
GoTo.com
March of Dimes
Disney Pictures
One On One Sports -AM 620
Hoops For Lymphoma
Dreamworks Pictures
Mining Company
New York City Dept. of Health
MGM Pictures
Fortune Magazine
Cystic Fibrosis Foundation
Universal Home Video
Village Voice
1-800-TIPS
Disney Home Video
New York Newsday
Pax TV
Chancellor Radio-103.5 WKTU
Retail
UPN TV
Cox Broadcasting-102.3 WBAB
Sephora Parfume
Ringling Bros Circus
News 12-NY
The Wiz
Target Stores
Broadway Plays
Travel
Just For Feet
Rent
Continental Airlines
Modell's
More To Love
Travelex
Kinkos
Cats
TWA
Dial -A -Mattress
Miss Saigon
Grupo Taca
Edwards Food Stores
A Beautiful Thing
Allegro Resorts
Scarlet Pimpernel
Hunter Mountain
Food Service
Lowestfare.com
Ruth's Chris
Automotive
McDonald's
Nissan
Telecommunications
Wendy's
Mercedes Benz
AT&T
Nathan's
Honda
Bell Atlantic/Nynex
Dunkin Donuts
Valvoline Oil Centers
Motorola
Checkers
Volkswagen
Sprint PCS-
Domino's Pizza
Cellular Plus
Healthcare
Consumer Products
Oxford Health Plans
Finance & Insurance
Krups
Community Health Network
Chase Manhattan Bank
Sony Playstation
Connecticare
H&R Block
Apple Computers
Yale Preferred One
NY Life
IBM
Genesis
PNC Bank
RK Roofing
Wellcare
Vision Securities
Arizona Ice Tea
Continuum Healthcare/Beth Israel Allstate Insurance
Altoids
Nassau County Med Center
Coldwell Banker
Snapple Ice Tea
Physicians Health Services
ReMax Realty
Solgar Vitamins
Prudential Realty
Fashion & Apparel
Consumer Services
Giorgio Armani
Steve Madden Versace
Visa
Bebe
Geoffrey Beene The Sak
US Postal Service
Guess?
Globe Shoes Bugle Boy
NY Lottery
Polo/Ralph Lauren
Spiegel
Rampage
Bum Equipment
Levi's
Bisou Bisou
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5,1999
Installation Plan
Permit Applications
Based on the current bus shelter contract, Culver Amherst would submit permit requests during the
30 day notice given to Eller Media. Culver Amherst would be prepared to install the first 50
shelters beginning May 5, 1999. Culver Amherst would work with the City.during.the.first 60
days of the program to ensure all permit requests were complete.
Shelter Installations
Based on the current vendor's contract with the City, Culver Amherst is prepared to commence with
shelter installations immediately upon the approval of permits by the City and the removal of Eller's
shelters. We currently have fifty (50) shelters in our warehouse ready to be installed in Huntington
Beach.
Culver Amherst is prepared to install bus shelters at the rate of 50 units per month until the City's
desired quantity has been installed.
To insure maximum safety and efficiency in regard to new shelter installations, Culver Amherst
would recommend and propose to the City that Culver Amherst removes and disposes of the
existing, obsolete shelter inventory.
! Bench Installations
Based on the current vendor's contract with the City, Culver Amherst is prepared to commence with
bench installations immediately upon the approval of permits by the City and the removal of Coast's
benches. Culver Amherst is prepared to install bus benches at the rate of 100 units per month until
the City's desired quantity has been installed.
To insure maximum safety and efficiency in regard to new bench installations, Culver Amherst
would recommend and propose to the City that Culver Amherst removes and disposes of the
existing, obsolete bench inventory.
Available Inventory
Culver Amherst currently has 50 bus shelters in inventory available for installation in Huntington
Beach. We will maintain this minimum level of inventory in anticipation of the upcoming needs in
Huntington Beach, and will commit to manufacturing adequate quantities of shelters and benches
once an agreement is executed with the City. The Company also maintains a stock of various bus
benches and is prepared to order appropriate quantities of benches with one or more manufacturers
in order to satisfy the requirements of the agreement.
Commencement of Installations
Installation of shelters and benches will begin on the first day that free and clear access is provided
to Culver Amherst by the City.
Culver Amherst, LLC�
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Installation Plan, p.2
r-
Availability of Shelter Service
Culver .Amherst . intends to provide uninterrupted bus shelter service to. the City
and its transit passengers, and will make every effort to ensure a smooth transition from the current
vendor to the new program. Culver Amherst will install new shelters as rapidly and efficiently as
possible while ensuring that high levels of safety and quality are maintained throughout the process.
When Culver Amherst removes an existing shelter, the replacement shelter will be installed
within 24 hours.
Electrical Plan
Shelters will be illuminated from dusk until dawn.. Culver Amherst will apply for and obtain, at its
own cost, any necessary electrical service permits from the electrical provider.
Payment of Initial Annual Fee
Pursuant to Paragraph 15 of the Franchise Agreement, Culver Amherst will pay the first years'
annual fee when free and clear access to shelters and benches is established. As an example, if the
City provides Eller Media with a 30-day notice of termination on April 5', and free and clear access
to shelters is established for Culver Amherst on May 5`h, then Culver Amherst will pay the
first year's fee to the City on May Vh. The amount of the payment will be determined by the
agreed upon quantity of shelters in the final contract. The same timing of payment to the City -
applies for the benches and is dependant on the date that the City provides free and clear access to
the bench inventory.
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Subcontractors
Manufacturing
Culver Amherst will employ the services of Tolar Manufacturing for a large proportion of its
shelter supply. This will be supplemented by the Company's own manufacturing operation in
Santa Ana. All units supplied to the City will meet required specifications and standards in regard
to materials, workmanship, durability, finish, electrical function and general appearance. Tolar
Manufacturing produces bus shelters, benches, kiosks and other street furniture. Based in
Placentia, Tolar Mfg. has been involved in the production of bus shelters for over ten years.
Bus Shelter & Bench Installations
Culver Amherst will complete most of the installation work with its own direct employees. When
additional assistance is required due to high volume, the firm will employ the services of Shelter
Installation & Maintenance, Inc. -of Orange County
Electrical Work
Electrical work will be completed by Shelter Installation & Maintenance, Inc. The firm is a fully=
licensed electrical contractor specializing in the bus shelter business.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Compensation
to the
City of Huntington Beach
Culver Amherst's compensation to the City of Huntington Beach is comprised of the
following components:
1. Standard compensation proposal:
2. Economic Development Centers proposal:
3. Public Service Message Allotment
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
Compensation. Culver Amherst's compensation plan is on a per month basis for each
advertising shelter plus a non -advertising bench, an advertising shelter only, or an
advertising bench only.
Contract
Year
Guaranteed
Minimum Monthly
Payment (Shelter +
Non Ad Bench)
Guaranteed
Minimum Monthly
Payment (Shelter
Only)
Guaranteed
Minimum Monthly
Payment (Ad Bench
Only)
OR, Percentage Of
Gross Advertising
Revenue
Year 1
$200
$200
$25
25%
Year 2
$250
$250
$25
25%
Year 3
$250
$250
$25
25%
Year 4
$250
$250
$25
27%
Year 5
$325
$325
$25
27%
Year 6
$325
$325
$25
27%
Year 7
$325
$325
$25
27%
Year 8
$350
$350
$40
30%
Year 9
$350
$350
$40
30%
Year 10
$350
$350
$40
30%
Potential
Extension
Year 11
$350
$350
$50
30%
Year 12
$350
$350
$50
30%
Year 13
$350
$350
$50
30%
Year 14
$350
$350
$50
30%
Year 15
$350
$350
$50
30%
Non -advertising Amenities. The City may request the expansion of the proposed
program to include additional non -advertising bus shelters and/or non -advertising bus
benches. The "cost'' of installation and maintenance of additional non -advertising shelters
and benches is outlined below. These costs represent a reduction in the Guaranteed
Minimum Payment. Maintenance and repair is included in this cost.
$4,500 for addition of a single non -advertising shelter
$ 500 for addition of a single non -advertising bench
$4,500 for addition of a group of 1-10 non -advertising shelters
$ 450 for addition of a group of 1-10 non -advertising benches
$4,250 for addition of a group of 11-20 non -advertising shelters
$ 425 for addition of a group of 11-20 non -advertising benches
$4,150 for addition of a group of 21-30 non -advertising shelters
$ 415 for addition of a group of 21-30 non -advertising benches
$4,000 for addition of a group of 31-40 non -advertising shelters
$ 400 for addition of a group of 31-40 non -advertising benches
$4,000 for addition of a group of 41-50 non -advertising shelters
1 �
f`
i
-50 non -advertising benches
$ 400 for addition of a group of 41
$4,000 for addition of a group of 51-60 non -advertising shelters
$ 400 for addition of a group of 51-60 non -advertising benches
$4,000 for addition of a group of 61-75 non -advertising shelters
$ 400 for addition of a group of 61-75 non -advertising benches
$4,000 for addition of a group of 76-100 non -advertising shelters
$ 400 for addition of a group of 76-100 non -advertising benches
14. Bidder Information
Signature
Printed Name
Christopher kulver
Firm Name
Culver Amherst, LLC
Address
141 5" Avenue, 11 d' floor
City/State
New York, NY 10010
Phone
212-539-6104
FAX
212-505-6899
Date
March 5, 1999
E-mail Address
cjc@culvermedia.com
Website URL
www.culveramherst.com
"ECONOMIC DEVELOPMENT CENTERS"
In addition to its compensation package to the City of Huntington Beach, Culver Amherst has
developed a component, which would provide the City with an opportunity to generate additional
income.. Culver Amherst would offer to build and maintain, unique street furniture with advertising
to generate revenue for specific locations. These locations would be branded "Economic
Development Centers" (EDC's) and benefit from the advertising generated from this designated
signage. Advertising revenue generated from any street furniture operated by Culver Amherst at the
EDC's will be shared 50-50% with the City. The advertising signs could be located at the location
benefiting from the revenue or the advertising may be located in areas that are not EDC's .
Economic Development Centers could be a valuable tool in funding needed programs like:
Youth sports
Boys and Girls Club
Senior programs
Handicap services
Other proposed Economic Development Centers could include:
Downtown Municipal Parking Structure
Boardwalk and Pier
Downtown commercial area
Other locations to be designated by the City
EXAMPLE OF AN ECONOMIC DEVELOPMENT CENTER
At recent council meetings we have heard many discussions regarding increasing fees at the City
parking structure. If we designated the Parking Structure as an EDC we could potentially generate
over $33,000 annually from this program. On the following pages we have given examples of
unique signage that may be used at EDC's. We propose to work with the City to design signage for
each location.
Street furniture which Culver Amherst would propose for the parking structure:
Informational Kiosks
Wall signs (SEE PHOTOS IN SECTION 6)
Bus Benches
Projected income from Parking Structure:
Average Ad rate per panel per month: $ 550
x 10 ad panels projected
Revenue per month: $ 5,500
Revenue per year: $66,000
50% to City of Huntington Beach: $33,000
If the City were to designate 10 Economic Development Centers, the City could
generate approximately $330,000 in additional annual revenue.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Public Service Messages
Culver Amherst will make available to the City fifteen advertising panels in Huntington Beach for
three (3) four -week segments each year for ten (10) years. The Company will, in cooperation with
the City, design, print, install and remove,these posters three times per year at'nocharge to the City.
Culver Amherst will also make available to the City 100 advertising panels (within and outside of
Hungtington Beach) per year for ten (10) years. The Company will, in cooperation with the City,
design, print, install and remove these -posters three times per year at no charge to the City. These
additional 100 panels will be made available to the City at the discretion of Culver Amherst.
Culver Amherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
Compensation Summary
for
City of Huntington Beach
Culver Amherst's total 10 year compensation offer is comprised of the following items:
1. Standard shelter compensation proposal
Guaranteed Minimum Payment based on 150 shelters:
$ 5,355,000
Guaranteed Maximum Payment based on 300 shelters:
$ 10;710,000
City will determine final number of shelters
2. Standard bench compensation proposal
Guaranteed Minimum Payment (minimum of 250):
$ 885,000
Guaranteed Maximum Payment (maximum of 500):
$ 1,350,000
City will determine final number of benches
` 3. Economic Development Centers proposal
Based on the development of 10 EDC's:
$ 3,300,000
4. Public Service allotment
Based on 15 panels offered in -kind to the City
for three 4-week periods per year (at $750 per panel):
$ 337,500
.100 additional public service panels per year will be
provided to City at Culver Amherst's discretion:
$ 750,000
5. ' Public Service Poster Printing
Based on estimate of providing 200
posters (in -kind) per year to the City:
$ 300,000
Minimum potential value of 10-year compensation proposal:
$10,927,500
Maximum potential value of 10-year compensation proposal:
$16,747,500
Culver Amherst, LLC
Huntington Beach Bus Shelter & Benches RFP
March 5, 1999
FILE No.105 12r18 '98 16:00 ID=FT CCrMICATIONs
FAX:310 319 9744 PAGE .2
FISHER/
TERRELL
i COMMUNIC:ATIONS
INCORPORA'TKI)
i
429 Sanla Monica Blvd.
snite Soo
Santa Monica, CA
90401
(a to) 919.9721
(310) 3I M44 VAX
December 18. 1998
To Wham It May Concern:
I have been buying medial from Culver for over ten years and have roulid their
service; to be impeccable. Their hard work and dedication to the husiness hay
made our relaltionship what it is -- anc that is based an 1111ltual respect and trust.
Our past and present client list includes:
• I'clil;uins
• Fox Broadcasting Company
• Roosevelt Field Mall
® Bugle Iloy
We Naive dome: considerable business thrtlughout the years and intend to cuutinue
suppoming the markets that Culver represents.
Yours sincerely,
Don Tcr►•ell
President
DT:dp
n
G�
12-16-1998 2:30PM FROM MARKETING AD VENTURE 1 310 540 6883 P.1
1` Marketing Ventures
21213-B Hawthorne Blvd. ® Suite 6263 ® To=atux s CA • 90503 e Phone 310\543-1.996 ® Fax 310\540-6883
December 14, 1998
To Whom It May Concern,
My company Marketing AD ventures has been in the out -of -home advertising business
for the past 15 years. During this time, we have had the opportunity to work with Culver
Associates on quite a few different projects. It has always been an excellent experience_
They say that a company is only as good as the people who work in it. If that is the case,
this is a great company. Whether it was wallscapes or buses benches or shelters, in
Manhattan or across the country in Los Angeles the people that make up Culver
Associates are consistent in the high quality of product they offer'and plant operation.
I have found that Culver not only offers a valuable advertising venue but does so from a
professional "in it for the long term" mentality. The out -of -home plants that Culver has
been a part of have always been of the highest structural quality and maintained in such
a way that my advertising campaigns have been worry free. They are up on time and the
appearance of the structures is in adherence with what we do: We specialize in fashion
clientele that demand perfection. Everything revolves around "the look".
Our client list includes: Adrienne Vittadini, Harley Davidson Eyewear, Guess? Jeans,
Swank Inc., Ocean Pacific, Nantucket Industries, Viva International, GoTo.com, Saint
Johns Health Center, Hunt -Wesson and others.
I would recommend Culver Associates to aAy city that is interested developing a bus
shelter and/or any other outdoor type of venue.
Sincerely,
Bruce G. Friedlander
q�/
j!1G 4OU CJQ40 r . c+ce V4
To whom 1t my conceal
Zvi Advertlsing, Inc. has had a iorig term, outstanding relatlonshxp with Culver
Associates.
My personal eVerletnce with Chris Culver spans over 15 years, where both he
and myself were one of the &st outdoor bus shelter advertisers in Los
,Angeles.
We would support any new media representation from Over & Associates,
given their professionalism and consis mt level of perfoimance.
Tbwk you for your c omideratiom
Very truly yours,
Ivertising, Inc.
� es
President LWVp
m adverOving, 1n*. 149 bay street: sanWmonloa .za 00406 t.St0.M14889 f.M.997.5Yo8
i .
TOTAL P.02
„z-
a
A Dn N E: R, '_T 1 S, -!' N _'G
Larry Fischer December 16, 1996
President
Mr. Brace Sondike
Buyer
County of Nassau
1551 Franklin Avenue
Mineola, New York 11501
Dear Mr. Sondike:
Please accept this lettgr as a formal recommendatin for Chris
Culver.
I have known Mr. Culver since the mid-1980's when he. was
Executive Vice President of Shelter Media in Los Angeles. Mr.
Culver grew the Los Angeles bus shelter franchise into a
successful franchise which is flourishing today. Mr. Culver was in
my opinion responsible for creating the credibility the bus shelter
advertising industry has today.
Since the acquisition of Shelter Media by Gannett Transit I have
also been in close contact with Mr. Culver and in fact have
entrusted millions of dollars in outdoor advertising with him since
1991 on behalf of Time Wamer Cable of New York City and NY1
News.
The County of Nassau will be best served having Mr. Culver's
experience in design, manufacturing, maintenance and sales.
Yo ?9ly, -ru
Vrry isch
/ph
141 Fifth Aenue 90 Fk)or
New York New York 10010
(212( 353-0100
FaIc (212( 3S3-1105
McCANN-ERICKSON
Kathleen LeRose
Vice Presidmt
Director of Out -of -Home. Media
I
I
i
Mr. Bruce Sondike
County of Nassau
1551 Franklin Avenue
Mineola, New York 11501
Dear Mr. Sondike:
December 13, 1996
This letter is a formal recommendation that the County award
its bus shelter franchise to Chris Culver.
We have worked closely with Mr. Culver in his former capacity
as Executive Vice President of T.D.I., one of the largest out -of -
home media vendors in the country. His knowledge and experience in
all facets of the out -of -home advertising business proved invaluable
in assisting the agency in convincing several high profile clients
to invest their advertising dollars in such. media vehicles as bus
shelters, billboards and telephone kiosks for the first time.
Among these clients were AT&T, Chemical/Chase Bank and the Coca-
Cola Company. All were pleased with the results and continue to
l include such vehicles in their media plans. -
We already have pending buys for shelters in Nassau County
1 for 1997 for such clients as Chase Manhattan and Exxon. We look
forward to working with Mr. Culver again.
Best regards,
-I-
Kathleen LeRose
McCANN-ERICKSON, Inc.
750 Third Avenue, New York, NY 10017 Phone 212-984-3707, Fax 212-984-3728
Financial Statements
CULVER AMHERST, LLC
FINANCIAL STATEMENTS
YEAR. ENDED DECEMBER 31, 1998
CULVER AMHERST, LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENT OFINCOME AND RETAINED EARNINGS
YEAR ENDING DECEMBER 31,1998
Year Ending (E)
12/31/98
COMBINED BALANCE SHEET
PROFORMA
ASSETS
CURRENT ASSETS
Cash
$
510,581
Accounts Receivable
$
2,598,561
Work in Process
$
1,131,080
Due From Affiliates
$
535,654
Prepaid Expenses
$
157,168
Loan to Affiliate
$
15,000
Employee Loans Receivable
$
1,761
TOTAL CURRENT ASSETS
$
4,949,807
PROPERTY AND EQUIPMENT, (net of $172,000 in
accumulated depreciation)
$
1,139,178
OTHER ASSETS
Security Deposits
$
133,130
Loan origination fees, (net of $583 in accumulated amoritization)
$
4,417
Loan Receivable- Officer
$
-
$ 6,226,532
LIABILITIES AND STOCKHOLDER'S EQUITY
CURRENT LIABILITIES
Acounts Payable
$
2,251,177
Accrued Expenses
$
1,107,790
Prebilled Revenue
$
1,129,792
Sales Tax Payable
$
12,154
Loan Payable-EAB, current portion
$
100,000
Due to Affiliates
$
535,654
Due to municipalities
$
206,888
TOTAL CURRENT LIABILITIES
$
5,343,456
LONG TERM LIABILITIES
Loan Payable - EAB, less current portion $ 320,853
STOCKHOLDER'S EQUITY
Capital Stock $ 20,100
Additional Paid in Capital $ 281,175
Retained Earnings $ 260,948
$ 6,226,532
Notes:
(A): Actual; (E): Estimate;
Page 1 of 2 3/3/99
CULVER AMHERST, LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENT OFINCOME AND RETAINED EARMNGS
YEAR ENDING DECEMBER 31,1998
COMBINED STATEMENT OF INCOME AND
RETAINED EARNINGS
PRO FORMA
REVENUES
Revenues from Operations
Con of Sales
GROSS PROFIT
EXPENSES
Selling and Administrative
INCOME FROM OPERATIONS
OTHER INCOME
Management Fee
Interest and Other
OTHER EXPENSES
Loss on invest in El Nino
NET INCOME
BEGINNING RETAINED EARNINGS (DEFICIT)
ENDING RETAINED EARNINGS
Year Ending (E)
12/31/98
$ 15,056,025
$ 11,666,263
$ 3,389,762
$ 3,323,187
$ 66,575
$ 83,670
$ 69,730
$ 20,000
$ 199,975
$ 60,973
$ 260,948
qu
page 2 of 2 3/3/99
Financial Statements
CULVER AMHERST, ILC
FINANCIAL STATEMENTS
YEAR ENDED DECEMBER 31, 1997
CULVER AMHERST, LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENT OF INCOME AND RETAINED EARNINGS
YEAR ENDED DECEMBER 31,1997
Year Ended (A)
12/31/97
COMBINED BALANCE SHEET
PROFORMA
ASSETS
CURRENT ASSETS
Cash
$
988,759
Accounts Receivable
$
2,173,870
Work in Process
$
693,315
Due From Affiliates
$
171,516
Prepaid Expenses
$
28,802
Loan to Affiliate
Employee Loans Receivable
$
15,783
TOTAL CURRENT ASSETS
$
4,072,045
PROPERTY AND EQUIPMENT, (net of.$43,681 in
accumulated depreciation)
$
625,919
OTHER ASSETS
Security Deposits
$
55,740
Investment - El Nino
$
15,000
Loan origination fees, (net of $83 in accumulated amortization)
$
4,917
Loan Receivable- Officer
$
-
$ 417/3,621
LIABILITIES AND STOCKHOLDER'S EQUITY
CURRENT LIABILITIES
Acounts Payable
$
2,187,352
Accrued Expenses
$
529,996
Prebilled Revenue
$
722,757
Sales Tax Payable
$
10,876
Loan Payable•EAB, current portion
$
100,000
Due to Affiliates
$
171,516
Due to municipalities
$
288,876
TOTAL CURRENT LIABILITIES
$
4,011,373
LONG TERM LIABILITIES
Loan Payable - EAB, less current portion
$
400,000
STOCKHOLDER'S EQUITY
Capital Stock
$
20,100
Additional Paid in Capital
$
281,175
Retained Earnings
$
60,973
$
4,773,621
Notes:
(A): Actual; (E): Estimate;
Page 1 of 2 3/3/99
CULVER AMHERST, LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENT OF INCOME AND RETAINED EARNINGS
YEAR ENDED DECEMBER 31,1997
COMBINED STATEMENT OF INCOME AND
RETAINED EARNINGS
PRO FORMA
REVENUES
Revenues from Operations
Con of Sales
GROSS PROFIT
EXPENSES
Selling and Administrative
INCOME FROM OPERATIONS
OTHER INCOME
Management Fee
Interest and Other
OTHER EXPENSES
Loss on invest in El Nino
NET INCOME
BEGINNING RETAINED EARNINGS (DEFICIT)
ENDING RETAINED EARNINGS
Year Ended (A)
12/31/97
$ 9,183,570
S 6,956,323
$ 2,227,247
$ 2,196,489
$ 30,758
$ 50,002
$ 11,535
$ 92,295
$ (31,322)
$ 60,973
vlv
Page 2 of 2 3/3/99
Financial Statements
CULVER .A►MHERST, LLC
FINANCIAL STATEMENTS
YEAR ENDED DECEMBER 31, 1996
�1L
CULVER AMHERSZ LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENT OFINCOMEANDRETAINED EARNINGS
YEAR ENDED DECEMBER 31,1996
COMBINED BALANCE SHEET
PRO FORMA
ASSETS
CURRENT ASSETS
Cash
Accounts Receivable
Work in Process
Due From Affiliates
Prepaid Expenses
Loan to Affiliate
Employee Loans Receivable
TOTAL CURRENT ASSETS
PROPERTY AND EQUIPMENT, (net of $8,792 in
accumulated depreciation)
OTHER ASSETS
Security Deposits
Investment - El Nino
Loan Receivable- Officer
LIABILITIES AND STOCKHOLDER'S EQUITY
CURRENT LIABILITIES
Acounts Payable
Accrued Expenses
Prebilled Revenue
Sales Tax Payable
Loan Payable-EAB, current portion
Due to Affiliates
Due to municipalities
TOTAL CURRENT LIABILITIES
LONGTERM LIABILITIES
Loan Payable - EAB, less current portion
STOCKHOLDER'S EQUITY
Year Ended (A)
12/31/96
$ 101,245
$ 1,496,650
$ 76,525
$ 50,820
$ 6,538
$ 1,731,713
$ 41,248
$ 7,167
$ 65,000
$ 1,845,193
$ 1,075,411
$ 644,567
$ 94,447
$ 1,814,425
Capital Stock $ 100
Additional Paid in Capital
Retained Earnings $ 30,668
$ 1,845,193
Notes:
(A): Actual; (E): Estimate;
Page 1 of 2
3/3/99
CULVER AMHERST, LLC
PRO FORMA BALANCE SHEET
PRO FORMA STATEMENIOFINCOMEAND RETAINED EARNINGS
YEAR ENDED DECEMBER 31,1996
COMBINED STATEMENT OF INCOME AND
RETAINED EARNINGS
PRO FORMA
REVENUES
Revenues from Operations
Cost of Sales
GROSS PROFIT
EXPENSES
Selling and Administrative
INCOME FROM OPERATIONS
OTHER INCOME
Management Fee
Interest and Other
OTHER EXPENSES
Loss on invest in El Nino
NET INCOME
BEGINNING RETAINED EARNINGS (DEFICIT)
ENDING RETAINED EARNINGS
a
Year Ended (A)
12/31/96
$ 6,633,619
$ 5,719,124
$ 914,495
$ 916,660
$ (2,165)
$ 29,167
$ 13,236
$ 40,238
$ (9,570)
$ 30,668
Page 2 of 2 3/3/99
Street Furniture _Designs
The following pages illustrate some of the designs available to the City of Huntington Beach.
Although these designs are very contemporary and attractive, Culver Amherst is open to alternative
designs for Huntington Beach. We welcome the opportunity to select a design which fits the
specific needs of the City.
V
Culver Arnherst, LLC
Huntington Beach Bus Shelters & Benches RFP
March 5, 1999
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SPECIFICATIONS
YONS & `WMGlrrS
Oveaf1heiglenar Seat hetght:l4.43" Arm helghe26.75"
Ova depft2623' Anchor bolt We diameter ST
Chertbetaw► shows length dimensions A and B (bolt bate to bolt hole
eeatecs measured in incites). The corresponding number below teprescnts
Its am wtlgbr (measured to pounds). All dimensions are approximate.
This chit shots not be used to set anchor bolts.
41 5t . 61{ 81
lot
7 r
• A
I2.Lff
ht
118
.128 ; 136
.teahe
"
11
TBD
:
STAKMONS
Cast gray iron ASTM AAS-96 Class 34
Fl7mH
Polyester powder coating
.003'•.005' coverage
0 Deep Blaclt (sttridard)
❑ Bench Goren (standard)
0 ' Other (consult fietory)
WOOD
9 straight slats
1.0625" x 2J0" finished dimeasioa•
Kiln dried. clear all sides.
Wiled. sanded. chamfered ands,
All comers eased.
.(3 Standard wood �IPE
13 Other (consult factory)
WOOD FII4.M
0 Natural
0 Other (eonsutt factory)
HARDWARE
Stainless sorrel 114-26 nuts and bolts.
Stainless steel d10.32 screws.
Sled .423'diameter tie md.
Aluminum .12S'x 1.00" cross braces,
NON ADVERTISING BENCH (B)
7' CLASSIC CITY BENCH
* AVAILABLE.IN WOOD, STEEL
ALUMINUM OR RECYCLED
PLASTIC
Spedfp lengdt (see above chit for standard lengths) by adding tength to
end of taodd number (Le. 8. t6-6 for the six font model).
� Standanileagth
N0 �H, --A 7. 71IIa
-
6W-
40
Yr,
w Jif
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7c17
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4e!,
ANiip
411
7A Yr
1 el
SFIECWCAMNS
mo"s & WEIGms
Omit bd#t:33MO Seat height: 14A3" Aim height: 26.Tr
Oraatl depdc 26M" Anchor bolt hole diameter:.SO"
Chartbelow stars length dln tension A and D (bolt hole to bolt hole
comas tnea w d In lncbm). The corresponding number below tepresents
Its fmw tght(measured In pounds). All dlnv=Ions are approxhnate.
This chart should not be used to sec anchor bolts.
• .., 4' $t 61 81 101 71
• " Amp " j I
met;h Ira .I2s ; t3d
TBD
sPre 18T 207
Spodfy leagdt (see abore chart for saadtud lengths) by adding length to
end of moM number (Le. B46-6 for the six fan moden.
0 Stmdardlengtb
con
I$ .%.AP Usute factory)
8oaahes shipped unassembled (KD). Anchor bolts --)Included.
STANCHIOKS
Cast stay iron ASrm A•13 i6 Cisss 30
Polyester powder coating
.0030-.003" coverage
0 Deep Black (standard)
0 Bench Green (standard)
0 Other (consult factory)
WOOD
9 straight slats
1.0625" x 2S0" finished dissension.
Kiln dried, clear all sides.
Drilled. sanded. ch:mfe: _d ends.
All corneas eased.
. ❑ Standard wood — 'lam
0(consult (nsult factory) �f
0 Natural
0 Other (consult factory)
HARDWARE
Stainless steel 114-20 nuts and bolts.
Stainless steel #10.32 screws.
Skvl .62g'diameter tie rod.
Aluminum .12.Vx t.00" c= braces.
ADVERTISING BENCH .(C)
8e CLASSIC CITY BENCH
AVAILABLE IN WOOD, STEEL
ALUMINUM OR RECYCLED
PLASTIC
ADVERTISING BENCH
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09/16/98 12:07 FAX 8187030638 BENCH AD (21007
CITY BENCH REPORT
BENCH AD CITY: HIS - HUNTINGTON BEACH
T 0409/16/98 PAGE 6
BENCH ID STREET
CROSS STREET CUR
CITY ZIP.
PERMIT
CUSTOMER
COPY A
0887J1018 ATLANTA
HUNTINGTON
WE
HTB
NATSUN3
574A1*
0887J1019 ATLANTA
HUNTINGTON
WE
HTB
-
-
86
0887JI025 ORANGE
1ST
NW
HTB
-
86
08&11026 ORANGE
1ST
NW
HTB
_
- ._
86_
0887JI031 ORANGE
MAIN
WE
.HTB
-
GUSBRO
67-A*
08874032 ORANGE
MAIN
WE
HTB
-
MCAREC00
0887JI040 ORANGE
MAIN
SW
HTB
-
TERHAR
979
0887.11044 ORANGE
MAIN
SW
HTB
-
-
0887JZ005 HUNTINGTON
PAC CST HWY
WE
HTB
-
-
86
0887J2033 PAC CST HWY
HUNTINGTON
NW
HTB
-
MCAREC00
0887J2035 PAC CST HWY
HUNTINGTON
NW
HTB
-
NATSUN3
574A1
0887J2040 PAC CST HWY
HUNTINGTON
SE
HTB
-
MCDONAL
3-AA
0887J2051 PAC CST HWY
21002 GRDR
NS
HIS
-
NATSUN3
574A1
0887J2097 PAC CST HWY
?ND
SW
HTB
-
SKICRA
54A*
08MI008 ATLANTA
BEACH
NW
HTB
08602
NATSUN2_
574A1
088BA1030 BEACH
ATLANTA '
WE
HTB
-
HARIND
510-H
088SAIC32 BEACH
ATLANTA
HE
HTB
12280
CONPLU
51
0888A3010 PAC CST HWY
BEACH
NW
HTB
06837
MCDONAL
3CC
C888A3015 PAC CST HWY
BEACH
SE
HTB
-
NATSUN3
574A1
08SWO18 PAC CST HWY
BEACH
SE
HTB
-
CRUFOR
245A1
OW83022 PAC CST HWY
NEWLAND
NW
HTB
-
NATSUN3
574-8
09ME3025 PAC CST HWY
NEWLAND
SW
HTB
P
CONLIC
133
08880032 ATLANTA/9051
MAGNOLIA
MKT
HIS
LUCKYS
-
67*
089SC1045 MAGNOLIA
ATLANTA
WE
HTB
-
C21BEL
209E
0888C1050 MAGNOLIA
ATLANTA
SW
HTB
-
NATSUN2
574-B
0888CZ030 HAMILTON
MAGNOLIA
SE
HTB
07135
NATSU93
574A1
OBUC2040 HAMILTON
POLYNESIAN
SE
HT8
09117
-
86
0888C2051 MAGNOLIA
HAMILTON
WE
HTB
-
GUS3RO
67-A
0888C2060 MAGNOLIA
STILWELL
ES
HT3
09344
GUSBRO
67-A
0888C2065 MAGNOLIA
STILWELL
NW
HTB
-
MB
86*
OBUC3010 MAGNOLIA
BANNING
WE
HTB
09116
HCARECOO
OBUC3020 MAGNOLIA
BANNING
SW
HTB
12147
-
86*
OWC3030 MAGNOLIA
BERMUDA
SW
HTB
12148
-
86*
0888C4001 MAGNOLIA
PAC CST HWY
LOOP HT3
-
MCAREC00
-
0888C4015 MAGNOLIA
PAC CST HWY
WE
HT3
12966
HARIND
510-H
C888172010 HAMILTON
BUSHARD
SE
HTB
09119
-
86*
08=3020 HAMILTON
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professional manner. Therefore, this contract shall not be sold, leased or transferred in any form .
without prior approval of the City Council.
17. AUDIT AND RETENTION OF RECORDS
LICENSEE will allow a reasonable inspection and audit of applicable books and
records by authorized CITY officials'and firms authorized by'CITY to perform such function at
its Tustin offices during reasonable business hours for the sole purpose of determining that the
revenues due to the CITY are accurately made. All records are to be retained for three (3) years
from the ending period on any year.
18. LEGAL SERVICES SUBCONTRACTING PROHYl3=D
LICENSEE and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside the
scope of services contemplated hereunder. LICENSEE understands that pursuant to Huntington
Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and.
CITY shall not be liable for payment of any legal services expenses incurred by LICENSEE.
REST OF PAGE NOT USED
8
5V\Agr .PalrickTargctMe&VU29/94
EXHIBIT C
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB 17TH ST
FS PALM AVE
NB 17TH ST
NS ADAMS AVE
SB 17TH ST
FS MAIN ST
SB 17TH ST
OPP ADAMS AVE
SB 17TH ST
NS PALM AVE
SB 17TH ST
FS PECAN AVE
SB 1ST ST
FS ORANGE AVE
EB ADAMS AVE
FS BEACH BLVD
EB ADAMS AVE
FS SEABRIDGE LN
EB ADAMS AVE
FS NEW BRITAIN LN
EB ADAMS AVE
FS NEWLAND ST
EB ADAMS AVE
FS CROWN REEF LN
EB ADAMS AVE
FS MAGNOLIA LN
EB ADAMS AVE
NS MARINA LN
EB ADAMS AVE
FS BUSHARD ST
EB ADAMS AVE
FS DERBYSHIRE LN
EB ADAMS AVE
NS BROOKHURST ST
EB ADAMS AVE
FS BROOKHURST ST (300')
EB ADAMS AVE
FS LAWSON LN
WB ADAMS AVE
FS PICCADILLY LN
WB ADAMS AVE
FS BROOKHURST ST
WB ADAMS AVE
FS SUTTON LN
WB ADAMS AVE
FS DERBYSHIRE LN
WB ADAMS AVE
FS BUSHARD ST
WB ADAMS AVE
NS LOTUS ST
WB ADAMS AVE
FS MAGNOLIA LN
WB ADAMS AVE
FS FELCLIFF LN
WB ADAMS AVE
FS NEWLAND ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
WB ADAMS AVE
FS ROTHERT LN
WB ADAMS AVE
FS COLDWATER LN
WB ADAMS AVE
FS BEACH BLVD
NB ALGONQUIN ST
OPP DAVENPORT DR
NB ALGONQUIN ST
FS PEARCE ST
NB ALGONQUIN ST
NS HEIL AVE
EB ATLANTA AVE
FS HUNTINGTON ST
EB ATLANTA AVE
FS ADMIRAL LN
EB ATLANTA AVE
FS BEACH BLVD
EB ATLANTA AVE
FS NEWLAND ST
EB ATLANTA AVE
FS MIRAMAR LN
WB ATLANTA AVE
FS MAGNOLIA ST
WB ATLANTA AVE
NS GREENFIELD LN
WB ATLANTA AVE
FS NEWLAND ST
WB ATLANTA AVE
FS SCHOONER LN
WB ATLANTA AVE
FS BEACH BLVD
WB ATLANTA AVE
NS DELAWARE ST
WB ATLANTA AVE
NS HUNTINGTON ST
NB BEACH BLVD
FS PACIFIC COAST HWY
NB BEACH BLVD
FS SUNRISE LN
NB BEACH BLVD
FS ATLANTA AVE
NB BEACH BLVD
FS INDIANAPOLIS AVE
NB BEACH BLVD
FS SEABRIDGE DR
NB BEACH BLVD
FS ADAMS AVE
NB BEACH BLVD
FS UTICA AVE
NB BEACH BLVD
FS YORKTOWN AVE
NB BEACH BLVD
OPP CLAY AVE
NB BEACH BLVD
FS GARFIELD AVE
NB BEACH BLVD
FS GRAZIADIO DR
NB BEACH BLVD
FS ELLIS AVE
NB BEACH BLVD
OPP TAYLOR DR
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB BEACH BLVD
FS TALBERT AVE
NB BEACH BLVD
NS NEWMAN AVE
NB BEACH BLVD
NS SLATER AVE
NB BEACH BLVD
FS HOLLAND DR
NB BEACH BLVD
NS BLAYLOCK DR
NB BEACH BLVD
FS WARNER AVE
NB BEACH BLVD
FS TERRY DR
NB BEACH BLVD
OPP MACDONALD AVE
SB BEACH BLVD
NS STARK ST
SB BEACH BLVD
NS MACDONALD AVE
SB BEACH BLVD
FS HEIL AVE
SB BEACH BLVD
FS TERRY DR
SB BEACH BLVD
FS WARNER AVE
SB BEACH BLVD
FS CYPRESS AVE
SB BEACH BLVD
OPP HOLLAND DR
SB BEACH BLVD
FS SLATER AVE
SB BEACH BLVD
FS LIBERTY DR
SB BEACH BLVD
FS TALBERT AVE
SB BEACH BLVD
FS TAYLOR DR
SB BEACH BLVD
FS MAIN ST
SB BEACH BLVD
OPP CONSTANTINE DR
SB BEACH BLVD
FS GARFIELD AVE
SB BEACH BLVD
FS CLAY AVE
SB BEACH BLVD
FS YORKTOWN AVE
SB BEACH BLVD
FS UTICA AVE
SB BEACH BLVD
FS ADAMS AVE
SB BEACH BLVD
NS MEMPHIS AVE
SB BEACH BLVD
NS INDIANAPOLIS AVE
SB BEACH BLVD
OPP SUNSET CIRCLE
SB BEACH BLVD
FS ATLANTA AVE
SB BEACH BLVD
NS SUNRISE LN
cs-
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
EB BOLSA AVE
FS ENT 5362 BOLSA BUSINESS CENTER
EB BOLSA AVE
NS GRAHAM ST
EB BOLSA AVE
FS SPRINGDALE ST (300')
EB BOLSA AVE
FS DRAKE LN
EB BOLSA AVE
FS EDWARDS ST
EB BOLSA AVE
FS VICTORIA LN
EB BOLSA AVE
NS GOLDEN WEST ST
WB BOLSA AVE
OPP GRAHAM ST
NB BOLSA CHICA ST
FS HEIL AVE
NB BOLSA CHICA ST
FS SISSON RD
NB BOLSA CHICA ST
NS EDINGER AVE
NB BROOKHURST ST
OPP BUSHARD ST
NB BROOKHURST ST
FS ENT COUNTY SANITATION PLANT 2
NB BROOKHURST ST
OPP BANNING AVE
NB BROOKHURST ST
OPP BAYBREEZE DR
NB BROOKHURST ST
NS HAMILTON AVE (500')
NB BROOKHURST ST
FS HAMILTON AVE
NB BROOKHURST ST
OPP EFFINGHAM DR
NB BROOKHURST ST
FS ATLANTA AVE
NB BROOKHURST ST
FS CLIFF DR
NB BROOKHURST ST
OPP INDIANAPOLIS AVE
NB BROOKHURST ST
@ STONYBROOK DR
NB BROOKHURST ST
FS MEREDITH DR
NB BROOKHURST ST
FS ADAMS AVE
NB BROOKHURST ST
FS CONSTITUTION DR
NB BROOKHURST ST
FS YORKTOWN AVE
NB BROOKHURST ST
NS KAMUELA DR
NB BROOKHURST ST
FS KUKUI DR
SB BROOKHURST ST
FS GARFIELD AVE
SB BROOKHURST ST
OPP KUKUI DR
SB BROOKHURST ST
NS ENT 19361 RANCHO
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
SB BROOKHURST ST
FS ATLANTA AVE
SB BROOKHURST ST
FS EFFINGHAM DR
SB BROOKHURST ST
FS HAMILTON AVE
SB BROOKHURST ST
FS HAMILTON DR (600')
SB BROOKHURST ST
FS BAYBREEZE DR
SB BROOKHURST ST
FS BANNING AVE
SB BROOKHURST ST
OPP ENT COUNTY SANITATION PLANT 2
SB BROOKHURST ST
FS BUSHARD ST
SB BROOKHURST ST
FS PACIFIC COAST HWY
EB CENTER AVE
OPP HUNTINGTON VILLAGE LN
EB CENTER AVE
OPP ONE PACIFIC PLAZA
WB CENTER AVE
FS ONE PACIFIC PLAZA
WB CENTER AVE
FS HUNTINGTON VILLAGE LN
EB DAVENPORT DR
FS COURTNEY LN
NB DELAWARE ST
FS ATLANTA AVE
NB DELAWARE ST
NS FRANKFORT AVE
NB DELAWARE ST
NS INDIANAPOLIS AVE
NB DELAWARE ST
FS KNOXVILLE AVE
NB DELAWARE ST
FS MEMPHIS AVE
NB DELAWARE ST
NS ADAMS AVE
NB DELAWARE ST
FS YORKTOWN AVE (300')
NB DELAWARE ST
FS CLAY AVE
NB DELAWARE ST
NS GARFIELD AVE
SB DELAWARE ST
FS GARFIELD AVE (700)
SB DELAWARE ST
NS 17TH ST
SB DELAWARE ST
NS YORKTOWN AVE
SB DELAWARE ST
OPP OCEAN HILL DR
SB DELAWARE ST
FS MEMPHIS AVE
SB DELAWARE ST
FS KNOXVILLE AVE
SB DELAWARE ST
NS INDIANAPOLIS AVE
SB DELAWARE ST
NS FRANKFORT AVE
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
SB DELAWARE ST
NS BAY DR
EB EDINGER AVE
FS WARREN LN
EB EDINGER AVE
NS GRAHAM ST
EB EDINGER AVE
NS CLUBHOUSE LN
EB EDINGER AVE
NS SPRINGDALE ST
EB EDINGER AVE
OPP PLYMOUTH LN
EB EDINGER AVE
OPP STANDISH LN
EB EDINGER AVE
FS EDWARDS ST
EB EDINGER AVE
OPP BELFAST LN
EB EDINGER AVE
FS MARJAN LN
EB EDINGER AVE
FS GOLDEN WEST ST
EB EDINGER AVE
NS ENT 7222 CALIFORNIA FEDERAL
EB EDINGER AVE
FS GOTHARD ST
EB EDINGER AVE
FS ENT 7552 CITICORP SAVINGS
EB EDINGER AVE
FS SHER LN
EB EDINGER AVE
NS PARKSIDE LN
EB EDINGER AVE
NS ENT 8400 HUNTINGTON APTS
WB EDINGER AVE
FS BEACH BLVD
WB EDINGER AVE
OPP SHER LN
WB EDINGER AVE
FS ENT MONTGOMERY WARDS AUTO
WB EDINGER AVE
FS GOTHARD ST
WB EDINGER AVE
NS ENT 15744 GOLDEN WEST COLLEGE
WB EDINGER AVE
FS GOLDEN WEST ST
WB EDINGER AVE
FS SHERBECK LN
WB EDINGER AVE
FS EDWARDS ST
WB EDINGER AVE
FS STANDISH LN
WB EDINGER AVE
FS PLYMOUTH LN
WB EDINGER AVE
FS SPRINGDALE ST
WB EDINGER AVE
OPP CLUBHOUSE LN
WB EDINGER AVE
NS GRAHAM ST
WB EDINGER AVE
FS BOLSA CHICA ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
WB EDINGER AVE
OPP MELODY LN
WB EDINGER AVE
OPP FANTASIA LN
WB EDINGER AVE
OPP MONTEREY LN
SB EDWARDS ST
FS ROYAL OAK DR
SB EDWARDS ST
NS ALEXANDRIA DR
SB EDWARDS ST
FS CORNELL DR
NB EDWARDS ST
FS MCFADDEN AVE
NB EDWARDS ST
OPP CORNELL DR
NB EDWARDS ST
NS BOLSA
EB GARFIELD AVE
FS GOLDEN WEST ST
EB GARFIELD AVE
FS GOTHARD ST
EB GARFIELD AVE
FS FLORIDA ST
EB GARFIELD AVE
FS BEACH BLVD (300')
EB GARFIELD AVE
NS SUMMERFIELD LN
EB GARFIELD AVE
NS NEWLAND ST
EB GARFIELD AVE
NS PLUM TREE LN
EB GARFIELD AVE
NS LINDSAY LN
EB GARFIELD AVE
FS MAGNOLIA ST
EB GARFIELD AVE
FS RANDI LN
EB GARFIELD AVE
FS PAULINE LN
EB GARFIELD AVE
FS BUSHARD ST
EB GARFIELD AVE
OPP PERSIMMON CIRCLE
EB GARFIELD AVE
OPP MOUNT WALTON CIRCLE
WB GARFIELD AVE
FS NEWLAND ST
WB GARFIELD AVE
FS MORA-KAI
WB GARFIELD AVE
FS BEACH BLVD
WB GARFIELD AVE
NS DELAWARE ST (500')
NB GOLDEN WEST ST
FS YORKTOWN AVE
NB GOLDEN WEST ST
FS GARFIELD AVE (300')
NB GOLDEN WEST ST
FS ELLIS AVE
NB GOLDEN WEST ST
OPP ENT 7111 HUNTINGTON CENT PK
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB GOLDEN WEST ST
FS TALBERT AVE
NB GOLDEN WEST ST
OPP RIO VISTA DR
NB GOLDEN WEST ST
FS SLATER AVE
NB GOLDEN WEST ST
FS BETTY DR
NB GOLDEN WEST ST
FS WARNER AVE
NB GOLDEN WEST ST
NS NORMA DR
NB GOLDEN WEST ST
FS HEIL AVE
NB GOLDEN WEST ST
FS VALENTINE DR
NB GOLDEN WEST ST
FS STONEWOOD DR
NB GOLDENWEST ST
FS EDINGER AVE
NB GOLDENWEST ST
FS ENT 15744 GOLDENWEST COLLEGE
SB GOLDEN WEST ST
NS OXFORD DR
SB GOLDENWEST ST
FS MCFADDEN AVE
SB GOLDENWEST ST
OPP ENT 15744 GOLDENWEST COLLEGE
SB GOLDEN WEST ST
FS EDINGER AVE
SB GOLDEN WEST ST
FS LAURELHURST DR
SB GOLDEN WEST ST
FS HEIL AVE
SB GOLDEN WEST ST
FS LYDIA DR
SB GOLDEN WEST ST
FS WARNER AVE
SB GOLDEN WEST ST
FS TUCANA DR
SB GOLDEN WEST ST
FS SLATER AVE
SB GOLDEN WEST ST
FS RIO VISTA DR
SB GOLDEN WEST ST
OPP TALBERT AVE
SB GOLDEN WEST ST
FS ENT 7111 HUNTINGTON CENT PK
SB GOLDEN WEST ST
NS ELLIS AVE
SB GOLDEN WEST ST
FS GARFIELD AVE
SB GOLDEN WEST ST
FS CLAY AVE
NB GOTHARD ST
FS EDINGER AVE
SB GOTHARD ST
FS MCFADDEN AVE
SB GOTHARD ST
OPP CENTER AVE
NB GRAHAM ST
FS MCFADDEN AVE
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB GRAHAM ST
OPP BUSINESS DR
NB GRAHAM ST
NS ENGINEER DR
NB GRAHAM ST
FS SLATER AVE
SB GRAHAM ST
FS OCEANUS DR
SB GRAHAM ST
FS BUSINESS DR
SB GRAHAM ST
FS WARNER AVE
EB HAMILTON AVE
FS MAGNOLIA ST
EB HAMILTON AVE
FS POLYNESIAN LN
EB HAMILTON AVE
FS LEHUA LN
EB HAMILTON AVE
FS BUSHARD ST
EB HAMILTON AVE
OPP VIA STRAITS LN
WB HAMILTON AVE
FS BROOKHURST ST
WB HAMILTON AVE
FS VIA STRAITS LN
WB HAMILTON AVE
FS BUSHARD ST
WB HAMILTON AVE
FS NORTHSHORE LN
WB HAMILTON AVE
OPP POLYNESIAN LN
EB HEIL AVE
FS LE GRANDE LN
EB HEIL AVE
OPP WATERWAY CIRCLE
NB HUNTINGTON ST
FS PACIFIC COAST HWY
NB MAGNOLIA ST
FS PACIFIC COAST HWY
NB MAGNOLIA ST
FS BANNING AVE
NB MAGNOLIA ST
FS BERMUDA DR
NB MAGNOLIA ST
FS HAMILTON AVE
NB MAGNOLIA ST
OPP STILWELL DR
NB MAGNOLIA ST
FS ATLANTA AVE
NB MAGNOLIA ST
FS CARROLLTOWN DR
NB MAGNOLIA ST
FS INDIANAPOLIS AVE
NB MAGNOLIA ST
FS VILLAGE DR
NB MAGNOLIA ST
NS MEDITERRANEAN DR
NB MAGNOLIA ST
FS ADAMS AVE
NB MAGNOLIA ST
FS PIONEER DR
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB MAGNOLIA ST
NS MADELINE DR
NB MAGNOLIA ST
FS YORKTOWN AVE
NB MAGNOLIA ST
NS MOORPARK DR
NB MAGNOLIA ST
NS HYDE PARK DR
SB MAGNOLIA ST
FS GARFIELD AVE
SB MAGNOLIA ST
OPP HYDE PARK DR
SB MAGNOLIA ST
NS SEAHURST DR
SB MAGNOLIA ST
FS YORKTOWN AVE
SB MAGNOLIA ST
OPP MADELINE DR
SB MAGNOLIA ST
OPP PIONEER DR
SB MAGNOLIA ST
FS ADAMS AVE
SB MAGNOLIA ST
FS MEDITERRANEAN DR
SB MAGNOLIA ST
NS BEDEL DR
SB MAGNOLIA ST
FS INDIANAPOLIS AVE
SB MAGNOLIA ST
OPP CARROLLTOWN DR
SB MAGNOLIA ST
FS ATLANTA AVE
SB MAGNOLIA ST
NS STILWELL DR
SB MAGNOLIA ST
NS ENT 21377 EDISON COMMUNITY CNT
SB MAGNOLIA ST
NS HAMILTON AVE
SB MAGNOLIA ST
OPP BERMUDA DR
SB MAGNOLIA ST
OPP BANNING AVE
SB MAGNOLIA ST
FS PACIFIC COAST HWY
NB MAIN ST
FS ACACIA AVE
NB MAIN ST
FS CREST AVE
NB MAIN ST
NS 12TH ST
NB MAIN ST
FS ADAMS AVE
NB MAIN ST
FS UTICA AVE
NB MAIN ST
NS YORKTOWN AVE
NB MAIN ST
FS GARFIELD AVE
NB MAIN ST
FS HUNTINGTON ST
NB MAIN ST
j FS DELAWARE ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
NB MAIN ST
FS FLORIDA ST
SB MAIN ST
FS ELLIS AVE
SB MAIN ST
OPP FLORIDA ST
SB MAIN ST
FS DELAWARE ST
SB MAIN ST
NS HUNTINGTON ST
SB MAIN ST
NS HOLLY ST
SB MAIN ST
FS YORKTOWN AVE
SB MAIN ST
FS 17TH ST
SB MAIN ST
FS ADAMS AVE
SB MAIN ST
OPP 11TH ST
SB MAIN ST
FS CREST AVE
SB MAIN ST
FS 7TH ST
EB MCFADDEN AVE
FS COMPUTER LN
EB MCFADDEN AVE
FS PRODUCT LN
EB MCFADDEN AVE
FS EDWARDS ST
EB MCFADDEN AVE
FS GOLDEN WEST ST
EB MCFADDEN AVE
OPP VASSAR ST
EB MCFADDEN AVE
FS GRAHAM ST
EB MCFADDEN AVE
FS GOTHARD ST
WB MCFADDEN AVE
FS GOLDENWEST ST
WB MCFADDEN AVE
FS SPRINGDALE ST
WB MCFADDEN AVE
FS ELECTRONIC LN
WB MCFADDEN AVE
OPP COMPUTER LN
EB ORANGE AVE
FS 17TH ST
EB ORANGE AVE
NS 14TH ST
EB ORANGE AVE
NS 12TH ST
EB ORANGE AVE
NS 9TH ST
EB ORANGE AVE
FS 7TH ST
EB ORANGE AVE
NS MAIN ST
EB ORANGE AVE
NS 1ST ST
WB ORANGE AVE
OPP 1 ST ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
WB ORANGE AVE
NS MAIN ST
WB ORANGE AVE
NS 9TH ST
WB ORANGE AVE
NS 12TH ST
WB ORANGE AVE
FS 14TH ST
WB ORANGE AVE
NS 17TH ST
NB PACIFIC COAST HWY
FS MAGNOLIA ST
NB PACIFIC COAST HWY
FS NEWLAND ST
NB PACIFIC COAST HWY
FS BEACH BLVD
NB PACIFIC COAST HWY
FS ENT 21462 DRIFTWOOD BEACH CLUB
NB PACIFIC COAST HWY
FS HUNTINGTON ST
NB PACIFIC COAST HWY
FS ENT 1400 THE GRINDER RESTAURANT
NB PACIFIC COAST HWY
FS 1ST ST
NB PACIFIC COAST HWY
NS MAIN ST
NB PACIFIC COAST HWY
FS 6TH ST
NB PACIFIC COAST HWY
NS 9TH ST
NB PACIFIC COAST HWY
NS 11TH ST
NB PACIFIC COAST HWY
NS 14TH ST
NB PACIFIC COAST HWY
NS 17TH ST
NB PACIFIC COAST HWY
NS GOLDEN WEST ST
NB PACIFIC COAST HWY
NS SEAPOINT ST
NB PACIFIC COAST HWY
FS WARNER AVE
NB PACIFIC COAST HWY
FS CORAL CAY LN
NB PACIFIC COAST HWY
FS BROADWAY
NB PACIFIC COAST HWY
FS ADMIRALTY DR
NB PACIFIC COAST HWY
OPP 24TH ST
NB PACIFIC COAST HWY
FS ANDERSON ST
NB PACIFIC COAST HWY
FS MARINER DR
SB PACIFIC COAST HWY
OPP GOLDEN WEST ST
SB PACIFIC COAST HWY
OPP 17TH ST
SB PACIFIC COAST HWY
OPP 14TH ST
SB PACIFIC COAST HWY
OPP 11TH ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
SB PACIFIC COAST HWY
OPP 8TH ST
SB PACIFIC COAST HWY
OPP MAIN ST
SB PACIFIC COAST HWY
OPP 2ND ST
SB PACIFIC COAST HWY
OPP 1ST ST (ZONE 1)
SB PACIFIC COAST HWY
OPP 1ST ST (ZONE 2)
SB PACIFIC COAST HWY
OPP 1ST ST (ZONE 3)
SB PACIFIC COAST HWY
OPP HUNTINGTON ST
SB PACIFIC COAST HWY
OPP ENT 21462 DRIFTWOOD BEACH CLUB
SB PACIFIC COAST HWY
OPP BEACH BLVD
SB PACIFIC COAST HWY
OPP NEWLAND ST
SB PACIFIC COAST HWY
FS BROOKHURST ST
SB SAYBROOK LN
FS EDINGER AVE
SB SAYBROOK LN
FS HUMBOLDT DR
SB SAYBROOK LN
NS MORNING STAR DR
SB SAYBROOK LN
NS SILLIMAN DR
EB SLATER AVE
FS GRAHAM ST
NB SPRINGDALE ST
FS SLATER AVE
NB SPRINGDALE ST
FS MCFADDEN AVE
NB SPRINGDALE ST
OPP MACHINE DR
NB SPRINGDALE ST
NS THOR DR
SB SPRINGDALE ST
FS BOLSA AVE
SB SPRINGDALE ST
FS ENGINEER AVE
SB SPRINGDALE ST
FS MACHINE DR
SB SPRINGDALE ST
FS WARNER AVE
SB SPRINGDALE ST
NS SLATER AVE
EB TALBERT AVE
FS BEACH BLVD
EB TALBERT AVE
NS HARTLUND ST (300')
WB TALBERT AVE
OPP HARTLUND ST
EB WARNER AVE
FS PACIFIC COAST HWY (400')
EB WARNER AVE
FS LOS PATOS HWY (600')
EB WARNER AVE
FS LYNN ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
EB WARNER AVE
FS GREEN T
EB WARNER AVE
FS BOLSA CHICA ST
EB WARNER AVE
FS LESLIE DR
EB WARNER AVE
FS GRAHAM ST
EB WARNER AVE
FS REMINGTON LN
EB WARNER AVE
FS SPRINGDALE ST
EB WARNER AVE
NS ENT 6242 CALIFORNIAN APTS
EB WARNER AVE
FS EDWARDS ST
EB WARNER AVE
OPP SCULPIN DR
EB WARNER AVE
FS GOLDEN WEST ST
EB WARNER AVE
NS GOTHARD ST
EB WARNER AVE
NS NICHOLS ST
EB WARNER AVE
NS OAK LN
EB WARNER AVE
NS BEACH BLVD
EB WARNER AVE
FS ROTTERDAM LN
WB WARNER AVE
FS MAGNOLIA ST
WB WARNER AVE
NS ROSS LN
WB WARNER AVE
FS NEWLAND ST
WB WARNER AVE
OPP ROTTERDAM LN
WB WARNER AVE
FS BEACH BLVD
WB WARNER AVE
OPP OAK LN
WB WARNER AVE
FS NICHOLE ST
WB WARNER AVE
FS GOTHARD ST
WB WARNER AVE
NS ENT 7001 ALBERTSONS MARKET
WB WARNER AVE
FS GOLDEN WEST ST
WB WARNER AVE
NS SCULPIN DR
WB WARNER AVE
FS EDWARDS ST
WB WARNER AVE
OPP PINEHURST LN
WB WARNER AVE
FS SPRINGDALE ST
WB WARNER AVE
NS LARK LN
WB WARNER AVE
FS GRAHAM ST
Street And Direction
Cross Street Or Opposite Of
Ad Shelter
Non Ad
Shelter
Ad Bench
Non Ad
Bench
WB WARNER AVE
OPP LESLIE DR
WB WARNER AVE
FS BOLSA CHICA ST
WB WARNER AVE
NS HOSKINS ST
WB WARNER AVE
NS SIMS ST
WB WARNER AVE
FS ALGONQUIN ST
WB WARNER AVE
FS EDGEWATER LN
WB WARNER AVE
FS SCEPTRE LN
EB YORKTOWN AVE
FS GOLDEN WEST ST
EB YORKTOWN AVE
FS MAIN ST
EB YORKTOWN AVE
FS LAKE ST
EB YORKTOWN AVE
FS HUNTINGTON ST
WB YORKTOWN AVE
FS HUNTINGTON ST
WB YORKTOWN AVE
FS RANCH LN
WB YORKTOWN AVE
FS MAIN ST
SB INTERIOR RDWY
@ DOCK 1
SB INTERIOR RDWY
@ DOCK 2
SB INTERIOR RDWY
@ DOCK 3
SB INTERIOR RDWY
@ DOCK 4
SB INTERIOR RDWY
@ DOCK 5
SB INTERIOR RDWY
@ DOCK 7
SB INTERIOR RDWY
@ DOCK 8
SB INTERIOR RDWY
@ DOCK 9
SB INTERIOR RDWY
@ DOCK 10
WB INTERIOR RDWY
@ BUS SHELTER
RMH:32400
a
C� 4. v�4
EXHIBIT D
Exhibit "D"
Contract Year
Guaranteed Minimum
Monthly Payment
(Shelter Only)
Guaranteed Minimum
Monthly Payment
(Ad Bench Only)
OR Percentage Of
Gross Advertising
Revenue
Year 1
$200
$25
25%
Year 2
$250
$25
25%
Year 3
$250
$25
25%
Year 4
$250
$25
27%
Year 5
$325
$25
27%
Year 6
$325
$25
27%
Year 7
$325
$25
27%
Year 8
$350
$40
30%
Year 9
$350
$40
30%
Year 10
$350
$40
30%
Potential
Extension
Year 11
$350
$50
30%
Year 12
$350
$50
30%
Year 13
$350
$50
30%
Year 14
$350
$50
30%
Year 15
$350
$50
30%
20
g jmp/agree/culver/4/29/99
AP 0-99 04:30PM FROM-CAPACITY�
77-.. COVERAGE E +2012360480 T-591 P.02/0 F 698
I✓®�� 04/21/1999
�RCDUCER 6-9800 FAX (201) 236-0480 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
C201, 23 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
rapertiy &Life Planners C!/7il L.LeX4 (/f}ULT HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
L20 Pleasant Averfue Ale�00 . S/5 ALTER THE COVERAGE AFFORDED BY THE POLICIES HEI.OW.
Upper Saddle RF7Le
River, NJ 0745$ COMPANIES AFFORDING COVERAGE
,410�0,eov4W 5131,717 COMPANY GRE Insurance Group
Attn: 0�5 aen e4 D ED Ext: A
INSURED' Culver Associate,! td rl coMPA;,IY Star Insurance Company
Culver Amherst, Amnersz NJ & Amherst CT71G'%7's�.Y�Pme��. „
141 Fifth Ave. lath floor COMPANY
c
New York, NY 10010
COMPANY
R
. -. .lF., .7"1',.'.:.':;i.; r:�t 'a('( 'rl't•qr•,}'nl 'u,'1•iu:,,.4'j',' ;f: �'1.11"?',(} .'t, y: tu ':Ivr", ,f., I,,, ,1. ,.,.
GOVERAES'�
—� O.. L'r. •,..... � .fit.:..—. , f., _.�".. ,. ICI_.., , a, .... .L.., .1,'.- .I.. ',.,.4, MS. ''l _...... .,>,.5. .. i{I._.. r. i„ 4 '' ..1 :. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR The POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE. AFFORDED BY ThE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED SY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIV5 POLICY ExPIRAT14N ' LIMITS
LTR DATE (MWQAYY) , DATE (MWDDIYY)
GENERAL LIARII-17Y
X COMMERCIAL GENERAL LABILITY
A %A;MS MADE X OCCUR 876113430099
OWNER'S & CONTRACTOR'S PROT
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
A X SCHEDULEDAVTOS ;87611343Q099
X HIRED AUTOS
X NON -OWNED AUTOS
GARAGE LIABILITY
ANY AUTO
EXCESS LIABILITY
A UMBRELLA FORM 180611343
OTHER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
$ THE PROPRIETON INCL WC0115422
PARTNERS,EXECLITNE
OFFICERS ARE EXCL
OTHER
GENERALACGREGATE 5
2,QQQ,QQO
PRODUCTS -COMPIOPAGG $
1,000,000
03/IS/7.999 p3/18/FOOD PERSONAL EARV3NJUKY 5
Excluded
B.ACr1 OCC URR ENCE S
1,000,000
FIRE DAMAGE (Any vne f(o) S
In , 0(0
MED EX? IAny one parson) S
5 .0Q0
COMBINED SINGLE LIMIT 5 �
1,000,000
5001I.Y INJURY
03/18/1999 03/18/2000 (Par person)
BODILY IN IURY
(Per aacmant)
PROPERTY DAMAGE 5
AUTO ONLY - EA ACCIDENT S
OTHER THAN AUTO ONLY
EACH ACCIDENT: 5
AGGREGATE S
EACH OCCURRENCE $ 5 coo 000
03/18/1999 03/18/2000 AGGREGATES 5:000:000
11!10/199$ 11110/1999 ELEACHACCIDENT
EL DISEASE - POLICY LfMIT
EI.-DISEASE- EAEMPLOYEI
GAIL HUTTON,. Ci -Y Attorney
By:: Deu�t�.,' City ILtt
.$ 1Qo,000
s 500,000
�� 1oo,00a
caLe hokderLlsTincudeed asclaLdMiional insured wiz respect to general liability.
SHOULD ANY OF THE A50VE DESCRIBED POLICIES BE CANCELLI=D REFORE THE
City of Huntington Beach, CA EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL *iOWN06 MAIL
It Agents, Officers and Employees 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEPT,
Attn: Jennifer McCrazh��X
2000 Main Street, 4th Floor dit�C�?GC D41diCX3iXXaCXXX
Huntington Beach, CA 92648 AUTHOR2913 REPRESENTATIV
't'''t�'' .;'if?�''�,,rt �d°.' r; I`. • �.,1 �.'h.. �'ol .ILA, •,1, �, L `'� o'er' �,
A' "0-99 04:30PM FROM -CAPACITY COVERAGE �� x/ // +2012300430
T-591 P.02/02 F-698
AOR L. "A &ll: 04/21/1999
(201,23
PROoliceR 6-9800 FAX (201)236-0480 THISANDCONFERS
CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ON
property &Life Planners Vg�LT• ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
CIA cL ex HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
L20 Pleasant Avenue ALTER THE COVERAGE AFFORDE.O BY THE POLICIES SLOW,
Jpper Saddle River, N3 07458 Fire i1/D. �000. 5I5 COMPANIES AFFORDING COVERAGE
f}"q'eOV'gD v� 1 COMPANY GRF- Insurance Group
Attn: 0'�5 alNe/TDEv Ext: A
INSURED- Culver Associate,)-td 17-0 - BUS 5hellze— cowmY Star Insurance Company
Culver Amherst, Amherst N3 & Amherst CT � %JCh"s- ie-
� YeP,y/I
141 Fifth Ave. 11th floor COMPANY
C
New York, NY 10010
COMPANY
0
60VERA�£3 '
TwS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH PQLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE. OF INSURANCE POLICY NUM13PR POLICY EFFECTIVE POLICY EXPIRATION ' LIMITS
LTR DATE (MMIDD/YY) DATE (MM/DD/YY)
GENERAL %. AS;WTY GENERAL AGGREGATE 21000,000
X COMtIERCIAL GENERAL LABILITY PRODUCTS - COMP)OP AGO 5 1,000,000
CIF+';MS MADE X urCuR PERSONAL E ADV INJURY s Excluded
A 876113430099
DwNcR52CONTRACTORS PROT03/IS/7999 Q3/18/F000 IACnOCOURRENCE S 1,000,000
FIRE DAMAGE (Any one fda) $ 100 , 000
MED EXP LAny one paman) S 5,000
AUTOMOSn.E LIABILITY
COMBINED SINGLE LIMIT 5
ANY AUTO
AL. OWNED AUTOS 800ILY INJURY
x SChEOULEO AUTOS (Par pamn) $
A x . HIR:DAUTOS '876113430099 03/18/1999 03/18/2000
800:LY INJURY
X NON -OWNED AUTOS (Per ac:,gant)
PROPERTY DAMAGE S
GARAGE LIAaILITY
AUTO ONLY - EA ACCIDENT S
ANY AUTO
OTHER TI-IA.N AUTO ONLY
EACHACCOENT 5
AGGREGATE S
EXCESS LIABILITY
F,ACrI OCCURRENCE $
5 , 000, 000
A UMBRELLA FORM
80611343 03/18/ 1999 03/18/2000
AGGREGATE $
5 , 000, 000
OThZR THAN UMBRELLA FORM
$
WORKERS COMPENSATION AND
X S R "` TORY uM.T
_ f._. rt•4
'
EMPLOYERS' L"ILLTY
B
WC0115422 11!10/1998 11/10/1999
MLEACMACCIDENT $
100,COD
THE PROPRIETCRI
PARTN6RSIEXECUTIVE
i'NCL
EL DISEASE • POLICY LIMIT $
500 , 000
OFFICERS ARE
EXCL t,� A� nn npp(•: _
EL•DISEASE • EA EMPLOYEE $
— _
—
OTHER
GbIL HU`I'TON, City Attorney
By:: De at - City Attorney
3L
rzPoAdLsni.a°1LAS
et fcaLehlernchddiTional insured with respect to general liability.
AKCr4-A' -T
SHOULD ANY 0E THE AaCVE DESCRIBED POLICIES BE CANCELLER BEFORE THE
EXPIRATION CAPE THERE CF, THE ISSUING COMPANY WILL MGM MAIL
It Agents, Officers and cmployeas
City of Huntington Beach, 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Jennifer McGrath D4�Xit(XaY�6�K31�Ai14C�XX
2000 Main Street, 4th Poor xxlxxxjsct CXXXXXXXX
Huntington Beach, CA 92648 AUTHOnED REPRESENTATIV
AP'-1-99 04:30PM FROM -CAPACITY COVERAGE ���pY X�%y +201236r430
T-591 P.02/02 F-698
./ �R>4 #j,l ;..h� .3�16rA'# ! ':' �iyl• . 04/ 21/1999
�ROOUGSR ' 6-9800 FAX (201) 236-0480 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
(20Li Life
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
roperty &ifPlanners Cl7 V14U�T HOLDER. THIS CERTIFICATE DOES NOT AMEND, I=XTENA OR
L20 Pleasant Averfue �000 . �5 ALTER THE COVERAGE AFFORDED BY THE POLICIES SFLOW.
Jpper Saddle RF7
River, N3 07458 Le �O COMPANIES AFFORDING COVERAGE
,4��,eoVeo el31,75 COMPANY (,RE Insurance Group
Attn: a5 denOE� Fxt: A
INsURED• Culver Associate,Ctd 7-0 - BU.5 c5J7e-11ZA' COMPANY Star Insurance Company
Culver Amherst, Amnerst NJ & Amherst CT /Ytt 77Ch'<
141 Fifth Ave. 11th floor COW ANY
New York, NY 10010
COMPANY
D
. THAT THE SS n___=_,_ •:,.,-__,:-,
TrIIS I$ TO CERTIFY T - LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOO
R TkE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY aE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Co TYPE OF INSURANCE POLICY NUMBER POLICY BFFECTIVI POLICY EXPIRATON ' LIMITS
LTR DATE (MMIOD/YY) DATE (MWDPIM
GENERAL LIABILITY
X COMMERCIAL GENERAL LLA5iLITY
A "+';; CLAMS MADE X OCCUR 876113430099
OwNER•S & CONTRACTORS PROT
AUTOMOSILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
A X SCHEDULED AUTOS 876113430099
X . HIRSD AUTOS
X NON -OWNED AUTOS
GARAGE LIAdILIYY
ANYAUTO
EXCESS LIAZILRY
A UMBRELLA FORM 180611343
OThER THAN UMBRELLA FORM
WORKERS COMPENSATION AND
EMPLOYERS' LIABILTY
THE PROPRiETORr
PARTNERSIEXECUTIVE
OFFICERS ARE
8
<0115422
N CL
EXCL
GENERAL AGGREGATE
..
2,000,000
PRODUCTS -COMPIOPAGG
S.
1,000,000
03/18/1499 03/18/2000 PERSONALBADVIN!URY
3
Excluded
EACrIOCi VRRENCE
S
1,000,000
FIRE DAMAGE (Any one firs)
3
100 , 000
MEO EXP IAny arts perm)
3
5,000
COMBINED SINGLE LIMIT
$
1 000, 00n
BODILY INJURY
(Pvrper—)
$
03/18/1999 03/18/2000
BODILY INJURY
(Per acc,ganq
PROPERTY DAMAGE
S
03/18/1999 03/18/2000
11/10/1998 11/10/1999
OTHERArz:M --
GAII, HUTTON,. CitY Attorney
By:: De at - City Attorney
AUTO ONLY • EA ACCIDENT S
OTHER TW.N AUTO ONLY
EACM ACCIDENT 5
AGGREGATE S
EACH OCCURRENCE • S ; , 000 , 000
AGGREGATE :5 5,000,0001
TA'V3
X TORY LIM7TS
EL EACH ACCIDENT $ 100 , 000
EL DISEASE -POLICY LIMIT $ 500,000
EL VISEASE • EA EMPLOYEE ' r 100.1000
SCRIP ION OFOPE ONStLOCATIONS EHICLES'SPECIAL TEptS,
rt�Ficace holder is inc�4uded as-Amonal insured wit respect to general liability.
SHOULD ANY OF THE A13OVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION CATS THEREOF, THE ISSUING COMPANY WILL �" MX1-
It Agents,
ts, Officers and Empplloyees
City Huntington Beach, 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Attn: Jennifer McGrath
2000 Main Street, 4th FloorO�dC i>Vk�CXXXXX)UCX
Huntington Beach, CA 92648 AUTHOR260 REPRESENTATIVE
�l;GO,RPOFtATfON 19i
I have received Performance Bond No. H00521 — Chatham Reinsurance Corporation
for Culver & Associates, LTD.
Re: Bus Shelter Franchise — Approved 5/3/99 — Item F-2.
Dated: S-1 7 -9 9
APR-21-1999 15:07 CULVER ASSOCIATES, LTD.
212 260 0646 P.02i06
KNOW ALL MEN SY'THESE PRESENTS: that
CULVER ASSOCIATES, LTD.
141 FIFTH AVENUE
NEW YORK, NY 10010
as Principal, hereinafter called Contractor, and,
CHATHAM REINSURANCE CORPORATION
119 LITTLETON ROAD
PARSIPPANY, W 07054
BOND # 521 .
(Mere inaon full nan+e and address or legal till$ of contraUO^.
►Mara insen tue new and address or teow tnh a, s,uaeyr
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH, CALIFORNIA ►+are naal full nano ado aodoeaa or legal uue of o.rnan
2000 MAIN STREET
HUNTINGTON, CA 111
as Obligee, hereinafter called Owner, in tha amount of 2M HUNDRED EIGHTEEN THOUSAND
DOLLARS AND 00/100 Dollars($ 218,000.00 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. —
WHEREAS, CULVER ASSOCIATES, LTD.
Contractor has by written agreement dated 19 , entered•into'a contract with Owner for
CONSTRUCT, MAINTAIN AND SELL/ADVERTISING ON 218 BUS SHELTERS AND 301
BUS BENCHES FOR THE PERIOD BEGNING 01/01/99 AND ENDING 12/31/99
RENEWABLE BY CONTINUATION CERTIFICATE AT THE OPTION OF THE
SURETY
• in"iccordance with Drawings and Specifications prepared by
(Were Nsan full naive and $ddrees or Wegat till* of ArePdetf)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
APR-21-1999 11:55 212 260 0646 P.02
APR-21-1999 15:07 CULUER ASSOCIATES. LTD. 212 260 0646 P.03i06
NOW, THEREFORE, 11it 1,,UNU111%J1-A0 err Iriio 0140 ovv,. .. OlIcti1
promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect
The Surety hereby waives notice of any alter-
ation or extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the
Owner having performed Owners obligations
thereunder, the Surety may promptly remedy the
default, or shall either
1) Complete the Contract in accordance with its
terms and conditions; or
2) Obtain a bid or bids for completing the Con-
tract in accordance with its terms and condi-
tions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner
elects, upon determination by the Owner and
the Surety jointly of the lowest responsible
bidder, arrange for a contract between such
bidder and Owner, and make available as
Work progresses (even though there should
be a default or a succession of defaults under
the. contract or contracts of completion ar-
Signed and sealed this 9TH
ranged under this paragraph) sufficient funds
to pay the cost of completion less the balance
of the contract price; but not exceeding, includ-
ing other costs and damages for which the
Surety may be liable hereunder the amount
set forth in the first paragraph hereof. The
term "balance of the contract price." as used
in this paragraph, shall mean the total amount
payable by Owner to Contractor under the
.Contract and any amendments thereto, less
the amount properly paid.by Owner to Con.
tractor.
Any suit under this bond must be instituted
before_ the expiration of one(l) yearfrom the date
on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or
for the use of any person or corporation other
than the Owner named herein or the heirs, exe-
cutors, administrators or successors of the Owner.
clay of NOVEMBIM
im
CULUER ASSOCIATES, LTD.
(Principal) (Seal)
( Witness)
BY:
CHATHAM REINSUBXqCfE_ CORPORATION
(Sean
L .�
(Wiln®ss)
BY:
PAUL KUSHNM, (Title)
APR-21-1999 11:55 212 260 0646 - P.03
APR-21-1999 15:07 CULUER ASSOCIATES, LTD. 212 260 0646 P.04i06
COti'PIT - OF NEW YORK )
On th;., 99� Any of - - - E 2 I 98 " be€= the personaUy camr
PAUL KUSHNER to me known, ago, being by =e duly sworn,
did depose and say: that he resides in NEW XMK
that he is Attorney -in -Fact- of the Corporation did in and wbirh executed the attacked j=%r7=
that he -knows the seal of said Corporitian that the seal armed to Said i. t is Such oorpor-ate seL;
that it vr4s so nim-ed pursuant to power confe=ed on him by a Paw= of Attorney granted to hi= by maid
Corporation and that he signed said mtrun e=t as Attatney-in-pact of said Coateration ptusc=ant to such
authority. DEBORAH D. BELTON
Notary public, State of New York
No. OISES014195
Qualified In Kings Coun
commission Expires luiy 15, l - WART PUILI C
- PBINiWAI,'S INDIVIDUAL ACHINOWLEDGME:NT
STATE OF
COUNTY OF
On this.-- __--day oL-.__— IQ , before me personally csme
------ , to me known and known :o =e
to be the individual deso "be3 in and who executed the foregoing i^ ...xment, and he ac�=owieciged to me that
he ccectned the same.
M97ARr PUBLIC
PRINCIPAL'S CO-PA.ESE1P ACMNOW11MG4M=
STATE OF ILY
1 y ss.:
c UNM77 OF_.
Al v
an .his, - • nay of� �_I9.9� , before me perso=Uy came
._.— .4 a member of the C4o-partme_raip of
to me ltnown and known to me
..to be -the pe_-spn :wno is described in the foregoing instr=ent and he a6=owieages that h recited the same
az anti for the art and deed of the said Co -partnership.
JL
%'w B9MM Fd � lYi
PHINC IP3L'S CORPORA= A=OWIMA �
STATE OF
mama:
COTT=- OF
On day oi.....o....... I -_._, before me: personZy came
to ate 18cwn, who, being by ffie
dray smeom did depose and say, that he recedes in
that he it —or the
Corporation descbed in and Wisich executed the foregoing kLvtru +ent; that he I=awz tha Corporate Sent of
said Cesporatic= and the Seal arced to said instrument is such Corporate Seal; that it was so affixed by oar
Of the BoarE of Dire=rs of said Corporation, and that he signed his name thereto by like order.
MGTA4T ?UCLIC
APR-21-1999 11:56 212 260 0646 P.04
APR-21-1999 15:07 CULUER ASSOCIATES, LTD. 212 260 0646 P.05i06
CHATILM X&UX4bUait1V%.A �.va�rv:.sa. i�+•
PO'Wn OF ATTORNEY
BOND NO. HMS21
Know All Men By These Presents: That Chatham Reinsurance corporation,
a corporation of the State of California does hereby appoint: PAn A-pSHNER,
Patrick J. Lynch, Michael J. Tully, Eamonn Long, Philip S. Tobey as its
true and lawful Attorneys -in -Fact, each individually if there be more
than one name; to make, execute, sign, acknowledge, affix the Company
seal to, deliver any and all surety bonds, undertakings, recognizances,
and other contracts of indemnity and writings obligatory in the nature
of a bond, for and on behalf of said corporation and as an act and
deed of said Corporation.
.IN.� ES�S. �+IiiE QF,._ .0 t��ap. Reinsurance Corporation of the
State of California has executed these•pxesents-
'4,guRAIV
tY
Pft
Yj, IR�s
Y
at tot�
STAGE OF NEW JERSEY )
) ss.
COtWTY OF MORRIS )
this Fourth day of March, 1998.
ery wa 1 s, Presidan
on this 4th day of March 1998, came before me, Jeremy R. Wallis,
the Above named officer of Chatham Reinsurance Corporation, located
in Florham Park, New Jersey, to me personally known to be the individual
and officer described herein, and acknowledge that he executed the
foregoing instrument and affixed the seal of said Corporation thereto
by authority of•this office.
Frances A. Fra—"teary Public
' `� • My commisslon' Expires May 10,,, '2002
6'rua�.
I, Christopher Suarez, secretary of Chatham Reinsurance Corporation,
located in Florham Park, New Jersey, do hereby certify that the above
and foregoing to be a true and correct copy of a Power of Attorney
executed by said Chatham Reinsurance. corporation, located in
Florham Park, New Jersey, which is still in full force and effect.
IR WITNESs WHEREOF, I have set gay hand and affixed the seal of
of said Company this 9th day of Novefiker, 1998.
gv RA,yc
? ,► -Is op a Suare2 .
ecre
I
APR-21-1999 11:56 212 260 0646
APR-21-1999 15:08 CULUER ASSOCIATES. LTD. 212 260 0646 P.06i06
CHATHAX REINSURANCE CDFLe0k .rl.vaa
Statement of Financial Condition as of December 31, 1997
BOND NO. H00921
BONDS
PSFERRED STOCKS
COMON STOCKS
CASH AND SHORT—TERM INVESTMENTS
nDERAL TAX RECOVE?WLE
PAMIUHS IN COURSE of COLLECTION (Under 90 days)
AGENTS BALANCES NOT YET DLTE
FMS HELD BY OR DEPOSITED WITH REIWSURBD COMPANIES
REINSUUWCE RECOVERX8LE ON LOSS PAYMENTS
ELECTRONIC DATA PROCESSING EQUiPMT
INTEREST AND DIVIDENDS RECEIVABLE
RECEIVABLE FROM PARENT, SUBSIDIARIES AND AFFILIATES
MISCEMJMiOUS7RECEIVABLES
$55,668�96'$; 00
.00
.00
6,390,500.00
894,194.00
8,076,846.00
5,1610808.00
3,356,035.00
1, 030, 548, 00
48,764.00
1, 030, 047. 00
117500000.00
61,377.00
TOTAL AmatTED ASSETS $83,469,067.00
RESERVE FOR LOSSES $37,5.84,343.00
RESERVE FOR LOSS ADJUSTIMT EXPENSES 1,417,803.00
CONTINGENT COMMISSIONS AND OTHER SIMILAR CHARGES 411,860CR
OTHER EXPENSES (Excluding taxes, licenses and fees) 290,537.00
TAXES, LICENSES AND FEES(Excluding income taxes) 177,312.00
UNEARNED PREMIUMS 6,919,993.00
I"tJNDS. $FI,D.,_,�Y,..,. OM4PANY , UNDF� REINSURANCE TREATYES 1, 569 , 494 . 00
PROVISION FOR REINSURANCE
TOTAL LIABILITIES $481709,240.00
COMMON CAPITAL STOCK $315001000.00
MOSS PAXD IN.AND CONTRIBUTED SURPLUS 15,200,000.00
UNASSIGNED FUNDS (Surplus) 16,0591247.'00
TOTAL LIABILITIES AND SMtPLUS $83,469,687.00
I, John J. Lynch, Treasurer of the Chatham Reinsurance Corporation
do hereby certify that the foregoing statement is a correct exhibit
of the assets and surplus of the said Corporation, on the 31st day
of December, 1997, according to the best of my information,
Xnowledge, and belief.
state of New Jersey) J. n , easurer
County of Morris) ss. `
Subscribed and sworn to, before me, a notary public of the State of
Meta Jersev in the County of Morris, this 8th Day of July, 1998.
Frances A. FrazzanTF, Notary Public
BOND NO. H00521. My Commission Expires May 20, 2'002
TOTAL P.06
APR-21-1999 11:56 212 260 0646 P.06
KNOW ALL MEN BY THESE PRESENTS: that
CULVER ASSOCIATES, LTD.
141 FIFTH AVENUE
NEW YORK, NY 10010
as Principal, hereinafter called Contractor, and,
CHATHAM REINSURANCE CORPORATION
119 LITTLETON ROAD
PARSIPPANY, NJ 07054
BOND # H00521 pi
4Z 7f
�R'K�4
(Here insert full Mama and aodresa or legal title of Contractor)
(Mere insert ful: name and address or legal title c' Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH, CALIFORNIA Here insert ful! name and aodresa or ieoa; tale o' Owner)
2000 MAIN STREET
HUNTINGTON, CA 1-9648
`t-6419
as Obligee, he; einafter called Owner, in the amount of TWO HUNDRED EIGHTEEN THOUSAND
DOLLARS AND 00/100----------
Dollars ($ 218 , 000.00--------- ),
for tine pavinent whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. --
WHEREAS, CULVER ASSOCIATES, LTD.
Contractor has by written agreement dated 19 , entered -into a contract with Owner for
CONSTRUCT, MAINTAIN AND SELL/ADVERTISING ON 218 BUS SHELTERS AND 301
BUS BENCHES FOR THE PERIOD BEGNING 01/01/99 AND ENDING 12/31/99
RENEWABLE BY CONTINUATION CERTIFICATE AT THE OPTION OF THE
SURETY
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor ,
promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
The Surety hereby waives notice of any alter-
ation or extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the
Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the
default, or shall either
1) Complete the Contract in accordance with its
terms and conditions; or
2) Obtain a bid or bids for completing the Con-
tract in accordance with its terms and condi-
tions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner
elects, upon determination by the Owner and
the Surety jointly of the lowest responsible
bidder, arrange for a contract between such
bidder and Owner, and make available as
Work progresses (even though there should
be a default or a succession of defaults under
the contract or contracts of completion ar-
Signed and sealed this 9TH
ranged under this paragraph) sufficient funds
to pay the cost of completion less the balance
of the contract price; but not exceeding, includ-
ing other costs and damages for which the
Surety may be liable hereunder the amount
set forth in the first paragraph hereof. The
term "balance of the contract price," as used
in this paragraph, shall mean the total amount
payable by Owner to Contractor under the
Contract and any amendments thereto, less
the amount properly paid by Owner to Con-
tractor.
Any suit under this bond must be instituted
before the expiration of one year from the date
on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or
for the use of any person or corporation other
than the Owner named herein or the heirs, exe-
cutors, administrators or successors of the Owner.
d ay o f NDVEMER
CULVER ASSOCIATES, LTD.
(Principal) (Seal)
(Witness)
BY:
( We)
CHATHAM REINS E CO ORATION
(Sure
(Witness)
BY: (�
PAUL KUSHNER, (Title) A RNEY—IN—FACT
ron' W5 „M
OF NEW YORK
OF NEW YORK
On thk 9TH day of NOVEMBER ._.._. 19.21Q., before me personally came
PAUL KUSHNER _..-to me known, who, being by me duly sworn,
did depose and say. that he resides is NEW YORIt
that he is Attorney -in -Fact of the Corporation desmzbed in and which executed the attached instrument;
that he -knows the seal, of said Corporation, that the seal affixed to said instrument is such corporate seal;
that it was so affixed pursuant to power conferred on him by a Power of Attorne
y granted to him by said
Corporation and that he signed said instrument as Attorney -in -Fact, of said Corporation pursuant to such
authority. DEBORAH D. BELTON
Notary Public. Mate of New York 1
No, Oil King C
Qualified in Kings Count .. _
Commission Expires July 15, .� NOTARY PUBLIC
PRINCIPALS INDIVMUAL ACKNOWLEDGIMOT
STATE
ss..
COUNT=
On this.. _ _ __ __ _._day of.....-__--_..__....:_..�__.._..-......_.___...._...__? o...__., before me personally came
-- •-..-:_. __�_��_.__ ..............___.__._..._...._..._.._......_.....___...----_--_._._.__.., to me known and known to me
to be the individual desc^�::ed in and who executed the foregoing T=s,_ ,=ent, and he ac—owiedged to ate that
he ec-ce—cured the same.
.__.._...._....__............-NOTARY PUBLIC
PRINCIPAL'S CO-PARTNERSE IP AC1LNOW=G1'I=
STATE CF_..1_V �_..._.......
ss.
CCUN'17_" OF_- Ll y......---
his: _.,_day of____. N �.--._ .._........._____._. 19. �� ., before me personally came
-
.._----- .�.��.�? _.�__.-----------•L!.�__.___-.--_---_.------_�_..._.___._..�..---- a memaer of she Co-partnersbip of
.....----- - --- ---__----- __.___. to me known and known to me
_to be the pe_rspa :wiio is,descrbed in the foregoing instrument and he acknowledges that h Ye-cuted the same
and for the act and deed of the said Co -partnership.
i l�+d.NCM i •'S CORPORATE ACX OWLED l
STATE OF
COUrTTs_' OF
On this day of--- ...........19........, before me persa� naily came
-------...—. _.. ....., to me known, who, being by me
duly sworn, did depose and say, that he resides in ._....... ..�.
that he is_ of_..._... .._ .... the
Corporation desc ibed in and which executed the foregoing instrument; that he knows the Corporate Seal of
said Corporation: and the Seal affixed to said instrument is such Corporate Seal; that it was sa affi-xed by order
of the Board of Direr+..ors of said Corporation, and that he signed his name thereto by like order.
NOTARY ?Ueu C
CHATHAM REINSURANCE CORPORATION
POWER OF ATTORNEY
BOND NO. H21
Know All Men By These Presents: That Chatham Reinsurance Corporation,
a Corporation of the State of California does hereby appoint: PAUL KUSHNER,
Patrick J. Lynch, Michael J. Tully, Eamonn Long, Philip S. Tobey as its
true and lawful Attorneys -in -Fact, each individually if there be more
than one name; to make, execute, sign, acknowledge, affix the Company
Seal to, deliver any and all surety bonds, undertakings, recognizances,
and other contracts of indemnity and writings obligatory in the nature
of a bond, for and on behalf of said Corporation and as an act and
deed of said Corporation.
IN_.:_ZITNESS__WRE.F,..., Chatham Reinsurance Corporation of the
state of California has executed these presents.
this Fourth day of March, 1998.
Jer y Wallis, Pres en
STATE OF NEW JERSEY )
) ss.
COUNTY OF MORRIS )
On this 4th day of March 1998, came before me, Jeremy R. Wallis,
the above named officer of Chatham Reinsurance Corporation, located
in Florham Park, New Jersey, to me personally known to be the individual
and officer described herein, and acknowledge that he executed the
foregoing instrument and affixed the seal of said Corporation thereto
by authority of=this office.
Frances ,A. _Frazza , Notary Public -
My
a,'�011°gyp Commission Expires May 10, 2002
I, Christopher Suarez, Secretary of Chatham Reinsurance Corporation,
located in Florham Park, New Jersey, do hereby certify that the above
and foregoing to be a true and correct copy of a Power of Attorney
executed by said Chatham Reinsurance.Corporation, located in
Florham Park, New Jersey, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seal of
of said Company this 9th day of Noveplaer, 1998.
,•���g'"a
fpPPC
is op a Suarez, ecre y
BOND NO. H00521 fee �
' IR
CHATHAM REINSURANCE CORPORATION c�
Statement of Financial Condition as of December 31, 1997 r
BONDS $55,668,9-6$�00
PREFERRED STOCKS .00
COON STOCKS .00
CASH AND SHORT-TERM INVESTMENTS 6,390,500.00
FEDERAL TAX RECOVERABLE 894,194.00
PREMIUMS IN COURSE OF COLLECTION (Under 90 days) 8,076,846.00
AGENTS BALANCES NOT YET DUE 5,161,808.00
FUNDS HELD BY OR DEPOSITED WITH REINSURED COMPANIES 3,356,035.00
REINSURANCE RECOVERABLE ON LOSS PAYMENTS 1,030,548,00
ELECTRONIC DATA PROCESSING EQUIPMENT 48,764-00
INTEREST AND DIVIDENDS RECEIVABLE 1,030,047.00
RECEIVABLE FROM PARENT, SUBSIDIARIES AND AFFILIATES 1,750,000.00
MISCELLANEOUS RECEIVABLES 61,377.00
TOTAL ADMITTED ASSETS $83,469;087.00
RESERVE FOR LOSSES $37,584,343.00
RESERVE FOR LOSS ADJUSTMENT EXPENSES 1,417,.803.00
CONTINGENT COMMISSIONS AND OTHER SIMILAR CHARGES 411,860CR
OTHER EXPENSES (Excluding taxes, licenses and fees) 290,537.00
TAXES, LICENSES AND FEES(Excluding income taxes) 177,312.0c
UNEARNED PREMIUMS 6,919,993.00
FUNDS -HELD -BY. -COMPANY UNDER REINSURANCE TREATIES 1,509,494.00
PROVISION FOR REINSURANCE 1,2L<�L'3.Ou
TOTAL LIABILITIES $48,709,340.00
COMMON CAPITAL STOCK $3,500,000.00
GROSS PAID IN.AND CONTRIBUTED SURPLUS 15,200,000.00
UNASSIGNED FUNDS (Surplus) 16,059,247.00
TOTAL LIABILITIES AND SURPLUS $83,469,087.00
I, John J. Lynch, Treasurer of the Chatham Reinsurance Corporation
do hereby certify that the foregoing statement is a correct exhibit
of the assets and surplus of the said Corporation, on the 31st day
of December, 1997, according to the best of my information,
knowledge, and belief.
State of New Jersey) An J. n , easurer
County of Morris) ss. `
Subscribed and sworn to, before me, a notary public of the State of
New Jersev in the Countv of Morris, this 8th Day of July, 1998.
a•� Frances A. Frazzafftf, Notary Public
BOND NO. H00521 •4'°btK My Commission Expires May 10, 2002
KNOW ALL MEN B s' THESE PRESENTS: that
CULVER ASSOCIATES, LTD.
141 FIFTH AVENUE
NEW YORK, NY 10010
as P,!ncipal, hereinafter called Contractor, and,
CHATHAM REINSURANCE CORPORATION
119 LITTLETON ROAD
PARSIPPANY, NJ 07054
BOND # H00521
(Here insert full name and aodreas or legal title of Contractor!
;Here nserl ful! name an! address or legal title o' Su-ety)
as Surety, hereinafter called Surety, are held and firmly bound unto
CITY OF HUNTINGTON BEACH, CALIFORNIA Here ,r,sa. f;jc ,am? anC aodresc or lega. title o' owner)
2000 MAIN STREET
HUNTINGTON, CA 1,9648
t--44S'
as CbGgee, hereinafter called Owner, in the amount of TWO HUNDRED EIGHTEEN THOUSAND
DOLLARS AND 00/ 100---------- D o l l a r s ($ 218 , 000.00--
for t;-..e r-laviment wh:;reof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents. —
WHEREAS, CULVER ASSOCIATES, LTD.
Contractor has by written agreement dated 19 , entered -into a contract with Owner for
CONSTRUCT, MAINTAIN AND SELL/ADVERTISING ON 218 BUS SHELTERS AND 301
BUS BENCHES FOR THE PERIOD BEGNING 01/01/99 AND ENDING 12/31/99
RENEWABLE BY CONTINUATION CERTIFICATE AT THE OPTION OF THE
SURETY
in accordance with Drawings and Specifications prepared by
(Here insen ful! name and address or Iegal title of Arcnilect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract
NOW, THEREFORE, THE CONDITIONS Of
promptly and faithfully perform said Contract,
shall remain in full force and effect.
THIS OBLIGATION are such that, if Contractor shall
then this obligation shall be null and void; otherwise it
The Surety hereby waives notice of any alter-
ation or extension of time made by the Owner.
Whenever Contractor shall be, and declared by
Owner to be in default under the Contract, the
Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the
default, or shall either
1) Complete the Contract in accordance with its
terms and conditions; or
2) Obtain a bid or bids for completing the Con-
tract in accordance with its terms and condi-
tions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner
elects, upon determination by the Owner and
the Surety jointly of the lowest responsible
bidder, arrange for a contract between such
bidder and Owner, and make available as
Work: progresses (even though.there should
be a default or a succession of defaults under
the contract or contracts of completion ar-
;;ig,,ea and sealed this 9TH
ranged under this paragraph) sufficient funds
to pay the cost of completion less the balance
of the contract price; but not exceeding, includ-
ing other costs and damages for which the
Surety may be liable hereunder the amount
set forth in the first paragraph hereof. The
term "balance of the contract price," as used
in this paragraph, shall mean the total amount
payable by Owner to Contractor under the
Contract and any amendments thereto, !ess
the amount properly paid by Owner to Con-
tractor.
Any suit under this bond must be instituted
before the expiration, of one(l) yearfrom the date
on which final payment under the Contract falls
due.
No right of action shall accrue on this bond to or
for the use of any person or corporation other
than the Owcier named herein or the heirs, exe-
cutors, administrators or successors of the Owner.
APPROVED AS TO FORK:a
TTC) .
DE t`!
2: 1 0`z1e�
d a' of I' DVEMBER
'?98
CULVER ASSOCIATES, LTD.
(Principal) (Seal)
(Witness)
[BY:
(T. e) C �=
CHATHAM REINS E CORPORATION
(Sure !seal)
(Witness)
BY • /[
PAUL KUSHNER, (Title) A RNEY—IN—FACT.
ro . 205 11 NO
STA= OFNEW YORK
ss.:
COUi+- r OF NEW YORK
9TH NOVEMBER
Qn t�,is day or _�.._ _ —..�I9 99- 8-, before me personally came
CAUL KUSHNER —to me knownmwo
, who, being by e duly srn,
did depose and sap -.that he resides in NEW _K
that he is Attoryep-in-Fact of the Corporation destybed in and .which executed the attached irst—=ent;
that he -knows the se--i or said Corporation, that the seal affixed to said ias-o:,imeat is such Corporate seal;
that it was so affixed pursuant to powe-- conferred on him by a Power of Attorney granted to him by said
Corporation and that he signed said ias',.r ument as Attorney- in -Fact of said Corporation pt, ,a t to suet
authority. WHOR01 T), RELTON
Notary Publc, of New York
tu"
Qualified in Kings Count,
Commission Expires July 15, NOTARY PUBLIC
RSLNCD?_AL'S ==UAL ACILNOWLEDGIIT
STA=- OF__..—__...__1 .._...
ss.
COUL' t'�_'
_ _._-_.__ before me personally c me
Oa t.. � ._..____�_-.._---.nay OL...-__---.----...._�..�.----_.._..___--_ ?9._.__., � ^� a
_.. `__._ __-..___._..._.__...----•--•---.-_---_.._-._----------_._..., to me know= and known to me
to be the is ividua ds=- ed m and wi:o e;tecste he foregoing :^.ent, and he a6_.:.owiedged to me that
he e_.:trd the same.
NOTARY PUBLIC
FRUINCIPAL'S CO-F` R °IERS= AC1LN- 0W=G3M=
S TIAM __
Off'.__ �� y___..___�.
day of_ .... _ N L-----------._..___..___.._._? S..y�� before me p _rsonaHy came
------- _ �. tILE.._._. L t _ -._.. a member of `fie Co-pu me_rnbin of
L��....................................... -, to me known and imown to me
--.o be -the pe_=Pn wao is aesc=•:bed in the foregoing inert=ert and he acknowledges that h Ye-autea the same
as and fo:- to e act and deed or the said Co-parme---nip.
o
York C"
FWd in Now Wxk
i 1-bd11 C1r 'S C08bF0iLAl�:.� C14A1\o ccift 1 �^M���MW31.low
SSA' OF�
COUNT'_' OF�
On this day or---- before me pe-soaaily came
to me known, who, being by me
du:fy sworn, did depose and say, that he resides ia...___
that he s__.._.._ _ .._.._ o* __.___._ .. _ the
Corporation deso::bea in and which executed the foregoing iastruaient; that he'.mows the Corporate Seal ai
said Corporation: and the Seal affixed to said instrttmemt is such Corporate Seal; that it was so aia:.ed by order
of the Board of Dire tors of said Corporation, and that he signed his name thereto by like order.
NOTARY 'US:IC
CHATHAM REINSURANCE CORPORATION
POWER OF ATTORNEY
BOND NO. H0021
Know All Men By These Presents: That C.hat.ham Reinsurance Corporation,
a Corporation of the state of California does hereby appoint: MAUL :"JSHNER,
Patrick J. Lynch, Michael J. Tully, Eamonn Long, Philip S. Tobey as its
true and lawful Attorneys -in -Fact, each individually if there be more
than one name; to make, execute, sign, acknowledge, affix the Company
Seal to, deliver any and all surety bonds, undertakings, recognizances,
and other contracts of indemnity and writings obligatory in the nature
of a bond, for and on behalf of said Corporation and as an act and
deed of said Corporation.
Chatham Reinsurance Corporation of the
State of California has executed these presents.
�4 PC
q
STAVE OF NEW JERSEY )
) ss .
COUNTY OF MORRIS )
this Fourth day of March, 1998.
Jer y R.-Wallis, Pres ent
On this 4th day of March 1998, came before me, Jeremy R. Wallis,
the above named officer of Chatham Reinsurance Corporation, located
in Florham Park, New Jersey, to me personally known to be the individual
and off icer described herein, and acknowledge that he executed the
foregoing instrument and affixed the seal of said Corporation thereto
by authority of°this office.
A-
xT no.w� •� °►�"
Frances A..Frazzaffl, Notary Public
My Commission Expires May 10, 2002
I, Christopher Suarez, Secretary of Chatham Reinsurance Corporation,
located in Florham Park, New Jersey, do hereby certify that the above
and foregoing to be a true and correct copy of a Power of Attorney
executed by said Chatham Reinsurance, Corporation, located in
Florham Park, New Jersey, which is still in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the seal of
of said Company this 9th day of Nove er, 1998.
oAPC�
Chri-stophet, Suarez, ecre y
,'�� 7
BOND NO. H00521 i %tor Iu., ;'C
�v
_ ��b - 4
CHYCHAM REINSURANCE CORPORATION
Statement of Financial Condition as of December 31, 1997
BOND NO. HOW261
BONDS $55,66819,68.00
PREFERRED STOCKS .00
COMMON STOCKS .00
CASH AND SHORT-TERM INVESTMENTS 6,390,500.00
FEDERAL TAX RECOVERABLE 894,194.00
PREMIUMS IN COURSE OF COLLECTION (Under 90 days) 8, 076, 846. 00
AGENTS BALANCES NOT YET DUE 5,161,808.00
FUNDS HELD BY OR DEPOSITED WITH REINSURED COMPANIES 3,356,035.00
REINSURANCE RECOVERABLE ON LOSS PAYMENTS 1,030,548,00
ELECTRONIC DATA PROCESSING EQUIPMENT 48,764.00
INTEREST AND DIVIDENDS RECEIVABLE 1,030,047.00
RECEIVABLE FROM PARENT, SUBSIDIARIES AND AFFILIATES 1,750,OOG.00
MISCELLANEOUS RECEIVABLES 61,377.00
TOTAL ADMITTED ASSETS $83,469,087.00
RESERVE FOR LOSSES $37,584,343.00
RESERVE FOR LOSS ADJUSTMENT EXPENSES 1,417,803.00
CONTINGENT COMMISSIONS AND OTHER SIMILAR CHARGES 411,860CR
OTHER EXPENSES (Excluding taxes, licenses and fees) 290,537.00
TAXES, LICENSES AND FEES(Excluding income taxes) 177,312.00
UNEARNED PREMIUMS ',919,993.00
FUNDS -HELD .BY_COMPANY UNDER REINSURANCE TREATIES 1,509,494.00
PROVISION FOR REINSURANCE
TOTAL LIABILITIES $48,709,340.00
COMMON CAPITAL STOCK $31500,000.00
GROSS PAID IN,AND CONTRIBUTED SURPLUS 15,200,000.00
UNASSIGNED FUNDS (Surplus) 16f 059,247.00
TOTAL LIABILITIES AND SURPLUS $83,469,087.00
I, John J. Lynch, Treasurer of the Chatham Reinsurance Corporation
coo hereby certify that the foregoing statement is a correct exhibit
of the assets and surplus of the said Corporation, on the 31st day
of December, 1997, according to the best of my information,
knowledge, and belief.
State of New Jersey) n J. n , reasurer
County of Morris) ss. r `
Subscribed and sworn to, before me, a notary public of the State of
New Jersev in the Countv of Morris, this 8th /Day of July, 1998.
00T88r
Frances A. FrazzarfM Notary Public
BOND NO. H00521 a � � My Commission Expires May 10, 2002
4�b IR�Ea
-1959 15:07 CULUER ASSOCIATES LTD. 212 260 0646 P.02i06
)W ALL MEN BY THESE PRESENTS: that
(Nero ;.sort lull KaTo and oddfaaa or legal tilt# of conlfacl0^.
:ULVER ASSOCIATES, LTD.
L41 FIFTH AVENUE
3EW YORK, NY 10010
(ncipal, hereinafter called Contractor, and,
Note inasn tut: name and addfaaa of tDos' fills o' S'Jfaey)
MATHAM REINSURANCE CORPORATION
119 LITTLETON ROAD
?ARSIPPANY, M 07054
,rety, hereinafter called Surety, are held and firmly bound unto
=Y OF HUNTINGTON BEACH, CALIFORNIA haft "nas:t lull name 4.10 aadroaa o, legal tlttt of omnen
2000 MAIN STREET
HUNTINGTON, CA 1l
)tigee, he: einaf:er called Owner, in tha amount of TWO HUNDRED EIGHTEEN THOUSAND
DOLLARS AND 00/100 Dollars($ 218,000.00 ),
e payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
!ssors and assigns, jointly and severally, firmly by these presents--
;REAS, CULVER ASSOCIATES, LTD.
actor has by written agreement dated 19 , entered•into*a contract with Owner for
CONSTRUCT, MAINTAIN AND SELL/ADVERTISING ON 218 BUS SHELTERS AND 301
BUS BENCHES FOR THE PERIOD BEGNING 01/01/99 AND ENDING 12/31/99
RENEWABLE BY CONTINUATION CERTIFICATE AT THE OPTION OF THE
SURETY
�ordance with Drawings and Specifications prepared by
(alofo -W full nafna and sdd,gss of #goal htl® a Atcl%, l)
1 contract is by reference made a part hereof, and is hereinafter referred to as the Contract
-1999 11:55 212 260 0646 P.02
ASSET INDEN N1717Y BROKERAGE CORPORATION
111 John Street
New York, NY 10038
TELEPHONE 212/ 349-1166 FAX 212/ 349-4793
i CHRISTOPHER CULVER
CULVER'ASSOCIATES, LTD.
141 FIFTH AVENUE
NEU;d YORK, NY 10010
1NV0I0E # 3036
,
DATE: NOVEMBER 9TH, 1998
DATE ISSUED
TO EXPIRE
COMPANY AND POLICY/BOND NUMBER
COVERAGE—;' AMOUNT OR LIMITS
PREMIUM
01/01/99'
12/31/99
CHATHAM REINSUIWICE CORP.
PEFORMANCE BOND
3OND # H00521
BOND Af 10UNT $ 218 , 000.00
PR14IUM DUE AIB...
$5,450.00
IMPORTANT: Please examine the policies/bond listed above and no* us immediately if any changes or corrections are necessary. Premiums are due and
payable upon issuance of policy and/or bond. Kindly make all checks payable to ASSET INDEMNITY BROKERAGE CORPORATION
I
I
JEROME M. BAME
ATTORNEY AT LAW
1005S SLATER AVENUE, SUITE 250 TEL (714) 960-4329
FOUNTAIN VALLEY, CALIFORNIA 92708 FAX (714) 965-78W
May 13, 1999
Mr. Richard Barnard
Deputy City Administrator
2000 Main Street
P.O. Box 190
Huntington Beach, CA 92648
Dear Rich:
Per your request, an original copy of the Performance Bond for the bus shelter franchise
is enclosed. Please acknowledge your receipt of this original by signing below. Thank
you.
Sincerely,
Paul Theisen
Executive Vice President
Culver Amherst, LLC
CULVER AMHERST, LLC
Signed14
i
Richard Barnard
Deputy City Administrator
City of Huntington Beach
141 5TH AVENUE • NEW YORK, NY 10010 • TEL: 212.473.5600 • FAX: 212.505.6899
WWW.CULVERAMHERST.COM
a
City Administrator's Agenda Item
c5'vn�m Y.e�av✓f'pveseryfe�,
bepv �clm�n�sfrafo►�
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Bus Shelter Installations: Culver Amherst has begun installation of new bus benches
and shelters. The first two shelters were placed at Adams (eastbound), in front of the
Target Center; and Brookhurst (northbound) between Yorktown and Garfield, across
from the Mobile Home Park. These shelters have a newer design and high quality
construction. The shelter benches are powder coated metal, with mesh seats and
backs. They are designed to be more comfortable and have end and center arms that
will assist seating and standing. Over 170 shelters will be installed throughout the City
by early November. In addition to the shelters, bus benches and advertising benches
will be installed as needed. The advertising benches will be constructed of recycled
plastic material that is graffiti and weather resistant.
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