07/20/2011 AgreementAGREEMENT BETWEEN ANDERSON OUTDOOR ADVERTISING AND
MONROE COUNTY FOR PROVIDING, INSTALLING AND MAINTAINING
BUS SHELTERS ON US 1 IN UNINCORPORATED AREAS NORTH OF THE
CITY OF MARATHON AND SELLING AND PLACING ADVERTISING IN
THE SHELTERS.
Whereas Monroe County had a contract with Clear Channel Outdoor Advertising, Inc. for
installing and maintaining bus shelters and the contract was terminated by Clear Channel
effective :May 17, 2011; and
Whereas the City of Key West Department of Transportation can include the nine bus
shelter locations that are located in the unincorporated area of the Lower Keys in its contract
with Anderson Outdoor Advertising; and
Whereas the remaining area of the unincorporated county that will require bus shelters is
too minimal, and is intersected by a long stretch of US 1 in Islamorada, the Village of Islands, to
warrant other contractors to provide bus shelters so the County has sought the opportunity to
piggy -back on the City contract; and
Whereas the City of Key West did undergo a competitive selection process which
resulted in an agreement with Anderson Outdoor Advertising dated December 27, 1995 with
amendments having been entered into as service needs changed; and
Whereas it is in the best interest of the public to arrange for bus shelters in the
unincorporated county other than the lower keys through this agreement;
Now Therefore, in consideration of the premises and mutual covenants and agreements
contained herein, the parties hereto agree as follows:
1. The terms and conditions of the Agreement between the City of Key West and
Anderson Outdoor Advertising dated December 27, 1995, as amended, apply to Monroe County,
including, but not limited to Anderson Outdoor Advertising providing a one million ($1,000,000)
dollar liability policy of insurance wherein Monroe County Board of County Commissioners is
named as an additional insured;
be to: 2. All notices and other communications to Monroe County under this Agreement shall
Roman Gastesi, Jr.
County Administrator
Monroe County
1100 Simonton Street
Key West, Florida 33040
And: Judith Clarke, P.E.
Director of Engineering Services
Monroe County Engineering Department
1100 Simonton Street
Key West, Florida 33040
3. Anderson Outdoor Advertising will install bus shelters with benches and waste
receptacles at the locations shown on Exhibit A attached. The shelters will be installed pursuant
to the terms contained in the Fourth Amendment to Agreement dated 3 11 , a copy of
which is attached hereto as Exhibit B and incorporated herein by referenc .
This Agreement is entered into as of July 20 2011.
(SEAL)
Attest: DAW Y L. KOLHAGE, Clerk
By: .
Deputy Clerk
Date '7
(SEAL)
Attest:
BOARD OF COUNTY COMMISSIONERS
OF MONROE OUNTY, FLORIDA
By
ayor
_ ED AS T/0 NEA.rJ; '
6
ANDERSON OUTDOOR ADVERTISING�
By: — By:
Title: Title: Ve S I &Ak�
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EXHIBIT A
BUS SHELTER LOCATIONS
L US 1 Northbound at Duck Key (MM 61)
2., US 1 Northbound at Ocean Boulevard, Tavernier (MM91.5)
3„ US 1 Northbound at Waldorf Plaza, near Laguna Avenue, Key Largo (MM 99.9)
4.. US I Southbound at Tarpon Basin Drive, Key Largo (MM 101.5)
5.. US 1 Northbound at John Pennekamp State Park (MM 102.6)
EXHIBIT B
Fourth AMENDMENT TO AGREEMENT
Anderson Outdoor Advertising, Inc.
This is the Fourth Amendment to Agreement with ANDERSON OUTDOOR
ADVERTISING, INC., a Florida corporation, (hereinafter "ANDERSON"), and the City of
Ke West, Florida, a municipal corporation, dated this ^ day of - 3/ie
20.
WITNESSETH
'WHEREAS, CITY and ANDERSON entered into a Agreement on the 27 th day of
December, 1995 (the "Agreement "), pertaining to bus shelter advertising; and
'WHEREAS, the CITY and ANDERSON entered into the first Amendment to the
Agreement on April 12, 1999 and
WHEREAS, the CITY and ANDERSON entered into the second Amendment to
the Agreement on October 1, 2003 and
'WHEREAS, the CITY and ANDERSON entered into the third Amendment to the
Agreement on August 16, 2006 and
WHEREAS, the CITY and ANDERSON desire a Fourth Amendment to the
existing Agreement; for purposes of modifying certain terms and conditions of said
Agreement;
NOW, THEREFORE, in mutual consideration of the benefits conferred upon the
parties by the terms of this Amendment, CITY and ANDERSON agree as follows:
Section 1: That paragraph 1 shall be amended as follows:
ANDERSON proposes to improve customer amenities and enhance revenue
opportunities for both parties herein by adding certain public transportation benches and
shelters for use by transit customers which will generate additional transit revenues;
specifically ANDERSON will provide an additional twenty (20) benches (w /trash and
recycling receptacles in mutually agreed upon locations); and an additional twenty (20)
shelters (also in mutually agreed upon locations but along bus route service areas, both
in City and Lower Keys areas) resulting in an increased opportunity for revenue
generating advertising on said benches and shelters, while providing a requested public
service.
ANDERSON recently added twenty -five (25) trash receptacles at existing shelter
locations in Key West and the Lower Keys area at no cost to the CITY. ANDERSON
further agrees to increase the number of trash receptacles at bench and shelter
locations, by adding an additional twenty (20) trash receptacles to bus or bench
locations mutually agreed upon; and upon approval and final execution of this
Amendment.
Existing Agreement provides for a total of:
• twenty -two (22) shelters - City bus service area (Key West and Stock Island),
and
• eighteen (18) shelters - Lower Keys service area, and
• twenty (25) trash receptacles (paired with shelters above)
The fourth Amendment proposes to increase this by:
• twenty (20) shelters - City and Lower Keys service areas - to be determined by
CITY and ANDERSON jointly; and
• twenty (20) benches - CITY and ANDERSON to agree on sites for placement;
and
• twenty (20) additional trash and twenty (20) additional recycling receptacles
(paired w / a bench or shelter)
Section 3: That paragraph 7 is amended as follows:
Upon the execution of the Fourth Amendment ANDERSON agrees to continue making
quarterly payments for all shelters covered in the existing Agreement and said terms.
ANDERSON further agrees to pay the CITY 25% of gross advertising revenues,
quarterly, for all additional shelters and benches, as each unit is added to the passenger
system amenities inventory list with the CITY. This will include a reconciliation to be
performed between CITY and ANDERSON on a quarterly basis, to reflect location,
identify by shelter or bench, and status of same.
Additionally, the CITY and ANDERSON have developed bi- annual field and inspection
procedures which are mutually agreed upon, and shall continue to be a recognized as a
part of this Amendment to said Agreement.
Section 4: That paragraph 9 is amended to provide as follows:
The term of this Agreement is extended for an additional three (3) year period beyond
the current expiration term of September 30, 2018, and shall be valid through
September 30, 2021.
ANDERSON shall have an option for renewal of the Agreement for an additional five (5)
year period at the end of the Agreement term upon mutual agreement of ANDERSON
and CITY.
Section 5: Except as modified herein, the Agreement as amended shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties have made this Fourth Amendment to
Agreernent on the date first written above.
CITY OF KEY WEST, FLORIDA
By: !�2 9.
JIM CHOLL, CITY MANAGER
ANDERSON OUTDOOR ADVERTISING, INC.
(a Florida Corporation)
ATTE:: T:
I L QL
Secret
MHW /ch
Fife: 4th Amendment ANDERSON FINAL June 2011
RESOLUTION NO. 06 -179
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING AN
AMENDMENT TO THE CITY'S BUS SHELTER AGREEMENT
WITH ANDERSON OUTDOOR ADVERTISING, INC.;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, in Resolution No. 03 -330, the City and Anderson
Outdoor Advertising renewed their bus shelter agreement for a term
of 10 years; and
WHEREAS, the parties desire to amend that Agreement to add
three additional bus shelters with advertising in Key West and 18
additional bus shelters along the Lower Keys shuttle route;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AS FOLLOWS:
Su ction 1 : That an amendment to the Agreement with
Andersen Outdoor Advertising, Inc. is hereby approved.
Se ction 2 : That the City Attorney is hereby authorized tc
prepare the amendment consistent with the attached proposal, and
the City Manager is hereby authorized to execute it on behalf of
the City.
l
Y
Section 3 : That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this _ 16 day of May , 2006.
Authenticated by the presiding officer and Clerk of the
Commission on May 19 , 2006.
Filed with the Clerk May 19 200 .
ATTEST: MORGAN McVH MAYOR
omi. jou�
CHERYL S ITH, CITY CLERK
THIRD AMENDMENT TO AGREEMENT
This Third Amendment to Agreement is entered into this day of
2006, by and between the City of Key West, Florida, a municipal
co�rporat' n, (hereinafter "CITY ") and Anderson Outdoor Advertising, Inc., a Florida
corporation, (hereinafter "ANDERSON ").
WITNESSETH
WHEREAS, CITY and ANDERSON entered into a Agreement on the 27` day of
December, 1995, (the "Agreement "), pertaining to bus shelter advertising; and
WHEREAS, the CITY and ANDERSON entered into the first Amendment to the
Agreement on April 12, 1999; and
WHEREAS the CITY and ANDERSON entered into the second Amendment to
the Agreement on �D — j , 2003; and
WHEREAS, the CITY and ANDERSON now desire to amend their Agreement
in order to modify the terms and conditions.
NOW, THEREFORE, in mutual consideration of the benefits conferred upon the
parties by the terms of this Amendment, CITY and ANDERSON agree as follows:
Section 1: That paragraph I.A. is hereby added to provide as follows:
ANDERSON herein expressly agrees to provide up to $75,0 e�ting the local
match required for the capital project grant from e.. Florida Department of
Transportation for the construction and installation of terminal / shelter sites to be placed \y
G
at aprimary shopping center site to be deterred by CITY, the Jack T. Murray Senior S�
Center located in Bahama Village, and Florida Keys Community College. ANDERSON
shall permit promotional and/or p#i service announcements to be displayed on these
sites, as available, for display of CITY job opportunities as well as seasonal or special
events promotions. This obligation shall be contingent upon approval by the Florida
Department of Transportation (FDOT) District VI Office of the terms, conditions and
shelter design to be- presented for their review and approval as to their share of funding
under #40964919401, Contract AN188 for Bus Terminals / Kiosks / Shelters, in the
amount of up to $75,000.00. ANDERSON agrees to purchase, install, permit, and
maintain these three terminal / shelter sites during the term of the agreement, with
ANDERSON responsible for all associated costs and expenses.
In addition, ANDERSON agrees to purchase, install, permit and maintain up to eighteen
(18) additional sites to be located subject to CITY approval to serve the Lower Keys bus
route extension area between Key West and Marathon, Florida, with ANDERSON
responsible for all associated costs and expenses. ANDERSON agrees that the revenue
share referred to in paragraph 7 of this Agreement at the rate of 25% of gross receipts for
the shelters in the Lower Keys area of service will be made quarterly and separately from
those payments that relate to the city routes in order to properly record revenues
generated by service area designation so as to be in compliance with the existing
Interlocal Agreement between the city of Key West, Monroe County and the city of
Marathon.
Section 2: That paragraph 2 is amended to include the following language at
the end of the existing paragraph;
ANDERSON shall not sell, place, or display advertising which makes reference to
tobacco products or adult entertainment, including, but not limited to, adult bookstores,
adult video stores, adult performance establishments, adult - themed merchandise stores,
adult motion picture theaters, adult businesses, or adult cabarets. Further, ANDERSON
shall not sell, place, or display advertising which makes reference to beer, wine, or liquor
on any bus shop shelter located within 500 feet of any school, church, or rehabilitation
center.
Section 3: That paragraph 7 is amended such that the first two sentences of
paragraph 7 are placed with the following:
Upon the execution of this Amendment, ANDERSON shall pay to the CITY an amount
equal to 25 percent of gross revenues recognized by ANDERSON for placement of
advertising on all existing bus shelters and all shelters added pursuant to this
Amendment.
Section 4: That paragraph 9 is amended to provide as follows:
The team of this contract is extended for an additional five y ear pe riod, and shall expire
on September 30, 2018.
Section 5: Except as modified herein, the Agreement as amended shall remain
in full force and effect.
IN WITNESS WHEREOF, the parties have made this Third Amendment to
Agreement on the date first written above.
ANDERSON OUTDOOR ADVERTISING,
INC., A Florida corporation
By:
J H. ANDERSON, PRESIDENT
ATTEST:
4 Sr .ary
RESOLUTION NO. 03 -330
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, AUTHORIZING THE
RENEWAL OF THE AGREEMENT BETWEEN THE CITY AND
ANDERSON OUTDOOR ADVERTISING, INC. FOR A
PERIOD OF TEN YEARS; AUTHORIZING AN AMENDMENT
TO THE AGREEMENT IN WHICH CITY REVENUES ARE
INCREASED TO TWENTY PERCENT; PROVIDING FOR AN
EFFECTIVE DATE
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
Section 1 : That renewal of the Agreement between the City and
Anderson Outdoor Advertising for bus shelters and their advertising
is hereby renewed for ten (10) years, the renewal term to commence
on October 1, 2003, and expire on September 30, 2013.
Section 2 : That the City Manager is hereby authorized to
execute an Amendment to Agreement whereby the renewal authorization
of Section 1, hereof, is conditioned upon Anderson Outdoor
Advertising increasing the City share to 20% of gross revenues for
the renewal term.
6EP 1 9 '
Cs>Y Of KkY �WwES.T
__ T RAY-PCRTATION I
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Se ction 3 : That this Resolution shall go into effect
`immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this _ 16 day of September , 2003.
Authenticated by the presiding officer and Clerk of the
Commission on September 17 2003.
RESOLUTION NO. 99 -119
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF KEY WEST, FLORIDA, APPROVING THE
ATTACHED AMENDMENT TO AGREEMENT BETWEEN THE
CITY AND ANDERSON OUTDOOR ADVERTISING;
PROVIDING FOR AN EFFECTIVE DATE
BE' IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST,
FLORIDA, AS FOLLOWS:
,Sg tction 1 : That the attached Amendment to Agreement
between the City and Anderson Outdoor Advertising is hereby
approved.
Se ction 2: That this Resolution shall go into effect
immediately upon its passage and adoption and authentication by the
signature of the presiding officer and the Clerk of the Commission.
Passed and adopted by the City Commission at a meeting held
this _ 6th day of April , 1999.
Authenticated by the presiding officer and Clerk of the
Commission on APRIL 12 , 1999.
Filed with the Clerk APRIL 1 1999
ATTEST:
L '� f"' I-e-4
ACTING CITY CLERK
ROBERT TISCHENKEL
i
a s
SHEILA K. MULLINS, AYOR
AMENDMENT TO AGREEMENT
THIS AMENDMENT TO AGREEMENT is entered into this 12 day of APRIL , 1999
between the City of Key West (hereinafter "CITY") and Anderson Outdoor Advertising, Inc.,
1104 Truman Avenue, Key West, Florida, 33040, (hereinafter "ANDERSON").
WITNES SETH:
WHEREAS, pursuant to Resolution 95 -466, the CITY and ANDERSON entered into an
Agreement on December 27, 1995 (the "Agreement "), to provide terms and conditions by which
ANDERSON would administer a bus shelter advertising revenue program for the City of Key
West; and
WHEREAS, the CITY and ANDERSON now desire to amend their Agreement upon the
terms and conditions contained herein;
NOW, THEREFORE, the parties agree as follows:
Section 1: That Paragraph 2 of the Agreement is hereby amended to read as follows:
2. ANDERSON may sell and place advertising in the bus stop shelters, limited to two (2)
display panels 48" x 72" per shelter. Advertising revenue shall be payable to the City as stated in
paragraph number 7. Additionally. ANDERSON shall incorporate advertising at the Shuttle pick
up area of'the Old Town Garages
Section 2: That Paragraph 7 is hereby amended to read as follows:
7. W. ANDERSON shall pay to the City an amount equal to fifteen 15 ten (16) - percent
of gross revenues recognized by ANDERSON for placement of advertising. Said payments shall
commence on the effective date of the Amendment to Agreement six (6) nionths fi - ont the
execatiorrof this contj act. TheL en Payment by ANDERSON shall be made on a quarterly
basis to the City, payable to the City of Key West, P.O. Box 1409, Key West, Florida, 33041,
Attn: Revenue Department.
(W The parties agree that all advertising revenues associated with the Old Town
Gra and Shuttle should be equally shared by them
Section 3: That Paragraph 8 of the Agreement is hereby amended to read as follows:
8. As
The maximum number of shelters permitted
under this agreement shall be twenty -four (24) Attached to this AEreemennt shall be a revised
Pp. i • ! • _ =,#
t. • �t_� i �. • • .t�
Section 4: That Paragraph 19 of the Agreement is hereby amended to read as follows:
19. The parties agree that the Request for Proposals (Exhibit A), ANDERSON bid Response
(Exhibit 13) with attachments are incorporated as part of this agreement. Where any conflict
exists between an Exhibit and the Agreement or Amendment to Agreement the Agreement 4r
Amendment to Agreement will govern. Where conflict exists between the Exhibits, the Bid
Response will govern.
Section 5: In all other respects, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have made this Agreement on the date first written
above.
CITY OF KEY WEST
ATTEST:
CITY CLERK
ATTEST
S TAIZY
(CORPORATE SEAL)
C: \OFF[CEMW'PWIMH/PDOCSIANDERSON. WPD
BY:
G L'
SHEILA K. MULLINS, MAYOR
ANDERSON OUTDOOR ADVERTISING, INC.
BY:
f!� SIDENT
RESOLUTION N0, 95 -466
FLk'�
A RESOLUTION APPROVING THE AMENDED CONTRACT
WITH ANDERSON OUTDOOR ADVERTISING TO ALLOW
�P TO SIX (6) ADDITIONAL BUS SHELTERS; EXTENDING
CONTRACT; AUTHORIZING THE CITY MANAGER TO
SAME; PROVIDING AN EFFECTIVE DATE.
WHEREAS, by Resolution Number 92 -283 and 94 -318 the City of Key West awarded
the bus shelter advertising to Anderson Outdoor Advertising (formerly known as Phoenix Shelter
Advertising); and
WHEREAS, in response to a request by the Neighborhood Improvement Association
(NIA) in conjunction with the City's Historic Preservation Planner, Anderson Outdoor
Advertising (Anderson) has agreed to provide up to six (6) additional bus shelters in the Historic
Preservation District; and
WHEREAS, the original Bus Shelter Agreement approved by Resolution Number 9 2 - 2 8 3
requires Commission approval for the placement of new or additional bus shelters; and
WHEREAS, Anderson requests the approval of the City Commission for placement of up
to six (6) shelters;
NOW THEREFORE, be it resolved that the Amended Agreement for bus shelter
advertising be and is hereby approved and the City Manager is authorized to execute same on
behalf of the City of Key West.
Section 1. This Resolution shall go into effect immediately upon its passage and
adoption and authentication by the signatures of the presiding officer and the Clerk of the
Commission.
s
Read and passed at a regular meeting held this 2 11 day of November, 1995.
Authenticated by the presiding officer and Clerk of the
Commission on November 27, 1995
IS J. WARDL0W,MAYOR
AftEST:
PARKER, CITY CLERK
Filed widi the Clerk on November 27, 19 95.
B.112 P,.
AGREEMENT FOR BUS SHELTER/ADVERTISING
BETWEEN THE CITY OF KEY WEST, AND
ANDERSON OUTDOOR ADVERTISING, INC.
THIS AGREEMENT, made and entered into in duplicate this 27th day of
Dec. 1995, by and between the CITY OF KEY WEST, a municipal corporation in Monroe
County, Florida, hereinafter referred to as the City, Anderson Outdoor Advertising, Inc., 1104
Truman Avenue, Key West, Florida 33040, hereinafter referred to as Anderson.
WITNESSETH:
WHEREAS, the City solicited proposals for a program to administer a bus shelter
advertising revenue program for City of Key West Port and Transit Authority; and
WHEREAS, Anderson was awarded the bid by the City Commission of the City of Key
West by Resolution Number 92 -238; and
WHEREAS, Anderson is a corporation organized under the laws of the State of Florida
and licensed to do business in the State of Florida; and
WHEREAS, the City desires to supply residents with shelter from inclement weather at
bus stops and Anderson proposes to supply said shelters at no cost to the City;
NOW THEREFORE, in consideration of the premises and mutual covenants and
agreements contained herein, the parties hereto agree as follows:
1. Anderson shall own and erect bus shelters, substantially as described and depicted
on attached Exhibits "B" and "C ", sites located on the public right -of -way within the City. Said
sites shall be selected by both parties, and shall be located only at official bus stops. At all times
during the term of this Agreement, the bus shelter structures shall remain the property of the
Anderson and the land upon which the bus shelters are erected, shall remain as a public right -of-
way. This Agreement shall not be construed to impose any obligation on the Anderson to
maintain such land other than as necessary in erecting and maintaining the bus shelters. City
shall remove and dispose of existing shelters at City's cost. Anderson shall have the right to
utilize parts otherwise intended for disposal.
2. Anderson may sell and place advertising in the bus stop shelters, limited to two
(2) display panels 48" x 72" per shelter. Advertising revenues shall be payable to the City as
stated in paragraph number 7.
3. Anderson shall at its sole expense erect, install, light, clean, maintain, repair or
replace in compliance with all applicable codes, these shelters at no cost to the City. General
maintenance shall be performed bi- weekly and damage to the shelter, shall be repaired within
seventy-two (72) hours of the time said damage is reported by the City to Anderson.
4. During the tern hereof, Anderson agrees to indemnify and hold harmless City of
Key West, its officers, agents, and employees against any and all claims losses, liabilities or
expenditures of any kind, including but not limited to court costs, expenses, attorney's fees and
sales tax, if any, accruing or resulting from any and all suits, claims, demands, or damages of any
character or persons, or corporations, or property, by virtue of the design, construction, and
maintenance of the bus stop shelters.
5. Anderson shall provide, at its cost, a one million ($1,000,000) dollar liability
policy of insurance wherein the City is named as co- insured with licensed carriers acceptable to
the City. Said policy shall state that it is not cancelable by the insurer or the Company without
written notice to the City thirty (30) days prior to the effective date of said cancellation. Said
insurance is a condition precedent to the erection or placement of any bus stop shelters. If the
insurance protection mentioned herein lapses, this agreement shall immediately be void and have
no further force and effect except for the continuing duty of the Anderson to comply with the
provisions of paragraph 3 regarding indemnification. Anderson shall also, in the event the
insurance protection lapses, immediately remove all shelters from the public right -of -way
without notice from the City or at any cost to the City.
6. Anderson shall coordinate and integrate the bus stop shelters with the City,
County and Florida Department of Transportation.
7. Anderson shall pay to the City an amount equal to ten (10) percent of gross
revenues recognized by Anderson for placement of advertising. Said payments shall commence
six (6) months from the execution of this contract. Thereafter payment by Anderson shall be
made on a quarterly basis to the City, payable to the City of Key West, P.O. Box 1409, Key
West, Florida 33041, Att: Revenue Department. Anderson shall supply City will an annual
financial audit on a yearly basis, commencing with the first anniversary date execution of
this contract. City understands that said audits will be prepared on a calendar year basis.
8. As specified in the bid documents the number of shelters may be increased from
21 subject to approval of the City Manager or his designee.
9. The term of this contract shall be for ten (10) years from the date of execution of
this contract. This term may be extended for an additional ten (10) years upon agreement of both
parties herein.
10. When space is available, Anderson shall allow City approved public service
announcements to be placed in designated advertising spaces within the shelters. Any such
public service announcement may be removed by Anderson in the event said advertising space
becomes rented. Anderson shall give City five (5) days notice prior to removal. All expense
associated with the preparation and installation of such public service announcements shall be
paid by City.
11. City recognizes that Anderson is entitled to exclusive control of the placement of
advertising on or about said shelter. City warrants that it will not permit or license any City
controlled advertising within said shelters or to allow said advertising to obstruct the display in
these shelters. Further, City will not license or cause to be placed any structure or fixture upon or
inside the shelters without the written consent of Anderson.
12. City agrees to be responsible for ensuring that access to shelters and from shelters
to bus loading platform complies with all of the requirements of the Americans with Disabilities
Act Anderson warrants that nothing in the design or construction of its shelter will be
inconsistent with the Americans with Disability Act or prevent access by individuals with
disabilities.
13. All notices and other communications under this Agreement shall be in writing
and shall be delivered either personally, by telecopier or by certified mail, return receipt
requested, postage prepaid, to the parties at the following addresses:
To the City of Key West:
To the Company:
G. Felix Cooper, City Manager
P.O. Box 1409
Key West, Florida 33041
Anderson Outdoor advertising, Inc.
1104 Truman Avenue
Key West, Florida 33040
All notices shall be deemed delivered at the time of hand delivery in the event of personal
delivery, upon receipt of telecopier copy, or upon receipt or rejection of certified mail, in the
event delivery is made by certified mail, either party may change its address for the purposes of
receiving notice pursuant to this paragraph, providing such change is in writing, which shall not
be effective until actually received by the recipient party.
14. In the event that either party has recourse to court action in order to enforce this
Agreement., the prevailing party shall recover court costs, including attorney's fees on the trial or
appellate level, from the non - prevailing party.
15. In the event either party shall fail to perform any of its obligations under this
Agreement, the performing party shall give notice pursuant to paragraph thirteen (13) to the non-
performing party, which notice shall state the nature of the violation. The non - performing party
shall have thirty (30) days from the receipt of notice to cure such violation. In the event the non-
performing party shall fail to cure its violation of this Agreement within the thirty (30) day
period, the performing party shall have the option of terminating this Agreement by giving notice
of termination to the non - performing party effective upon delivery of the notice. In the event the
City shall terminate this Agreement pursuant to this paragraph, the City may order Anderson to
remove its shelter/benches with in thirty (30) days of termination at no cost to the City. In the
event Anderson shall terminate this Agreement, nderson may remove its shelters/benches within
sixty (60) days of termination, and the cost of maintaining or removing any shelters /benches
remaining subsequent to the sixty (60) day period shall be the sole responsibility of the City.
16. City and Anderson hereby acknowledge and agree that this contract is interpreted
to mean that Anderson has an exclusive agreement with the City to provide bus stop shelters.
17. The bus stop shelters will be located only in public rights -of -way in the City of
Key West or on private property with permission of owner. Anderson agrees that it will
coordinate with the appropriate governmental authority for individual sites located on sites not
identified as City of Key West rights -of -way. City makes no warranties as to Anderson's ability
to place or replace bus shelter on property other than that belonging to the City of Key West.
18. In the event that the Department of Transportation of the City of Key West is
reorganized or becomes a contract function of private industry, City will require said department
or contractor to honor the terms and conditions of this Agreement.
19. The parties agree that the Request for Proposals (Exhibit A), Anderson Bid
Response (Exhibit B) with attachments are incorporated as part of this agreement. Where any
conflict exists between an Exhibit and the Agreement, the Agreement will govern. Where
conflict exists between the Exhibits, the Bid Response shall govern.
IN 'WITNESS WHEREOF, the parties hereto have caused these presents to be executed
the date and year indicated below each of its names.
WAV
CITY OF KEY WEST
P.O. BOX 1409
KEY WEST, FLORIDA 33041
G. Felix Cooper
City Manager
Witness
Witness
Date: — k )— , :)- I — Q S
Anderson Outdoor Advertising, Inc
1104 Truman Ave.
Key West, Florida 33040
erson
Date:
Signed, sealed and Delivered
in the Presence of: