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m S Agenda Item Review Form Muskegon City Commission Commission Meeting Date: June 13, 2023 Title: Placement of Public Benches Submitted By: Ann Meisch Department: City Clerk Brief Summary: Howell Sign Co. LLC recently purchased the agreement for the placement of the public benches from Perma. That agreement has since expired. Staff has been working with the new owner and is recommending approval of a new agreement with some changes. Detailed Summary & Background: Staff would like to reduce the agreement from 10 years to 5 years as well as increase the cost of the encroachment from $5 to $6 per month per bench. The old agreement allowed 40 benches. Staff would like to work with the new company to find locations that are mutually acceptable and allow the number of benches to be at staff’s discretion. Goal/Focus Area/Action Item Addressed: Action item 2022-3.1 Increased options for communications. Amount Requested: N/A Amount Budgeted: N/A Fund(s) or Account(s): Fund(s) or Account(s): Recommended Motion: To allow staff to negotiate the amount and placement of the benches and authorize the Clerk and Mayor to sign the agreement. Approvals: Guest(s) Invited / Presenting Immediate Division Head [Information Technology CO Other Division Heads «J Communication o |Yes U Legal Review [| No For City Clerk Use Only: Commission Action: ENCROACHMENT AGREEMENT PLACEMENT OF PUBLIC BENCHES THIS AGREEMENT, is made between the City of Muskegon, 933 Terrace Street, Muskegon, Michigan (“City”) and Howell Sign Co. LLC, PO Box 583, Winona Lake, Indiana CHOWELL”). 1. PLACEMENT OF BENCHES AND ENCROACHMENTS IN THE CITY. The City agrees that HOWELL may place its comfort resting benches containing advertising material at the locations of ___(_) benches as set forth in the attached Schedule A. The City Manager may at his discretion authorize additional locations within the timeframe of this agreement. The benches shall be placed on private property with permission of the property owner, except that they may encroach onto the public sidewalk or public way. The parties agree and recognize that all of the locations involve placements upon private property, and that this agreement and list do not apply to or allow the placement of said benches by HOWELL on public parks or on public property except to the extent of the encroachment. 2. CONDITIONS AND COMMITMENTS OF HOWELL 3.1 HOWELL agrees that it shall not place benches encroaching or located on public property or rights of way at any other location in the City except those authorized by this contract. The City has the right to immediately remove any bench if it is found to be dangerous, impedes traffic, needed construction, repairs, ete. in the area. The City agrees to inform HOWELL when benches are removed by the City. 3.2. HOWELL warrants and guarantees to the City that it has full permission and authority of all private property owners or occupiers to place its benches on the private properties set forth herein. 3.3 HOWELL agrees that the advertising placed upon the benches shall be for the purpose of advertising commercial, industrial or public service activities, and no advertising shall involve or encourage the use of illegal or controlled substances or material in aid of the use of same, nor shall they display obscene or offensive materials. HOWELL agrees that the City Commission shall have the right of final determination on whether any advertising shall be excluded or allowed on the said benches in the event of a dispute. 3.4 Benches shall be safely constructed designed to support at least twice the maximum weight anticipated to be placed upon them. The benches shall not exceed the dimensions of 24 inches in height and 96 inches in length. 3.5 HOWELL shall keep the benches in safe condition and repair and shall be inspected at least twice every twelve months. An annual certification shall be forwarded to the Clerk stating the date of the inspection and any necessary repairs if needed. Any bench damaged shall be repaired or removed within 24 hours-notice by HOWELL. In the event of failure to remove a damaged bench the City may remove and dispose of the bench. 3.6 HOWELL shall insure the benches with public liability insurance, written by companies authorized to do business in the State of Michigan, and shall cause the said insurance to name the City of Muskegon as an additional insured. The certificates or policies shall contain the provision that the City of Muskegon shall be given written notice at least 30 days before any cancellation or reduction of coverage for any reason. Minimum insurance liability limit shall be $2,000,000.00. 3. INDEMNITY, HOWELL agrees to indemnify and hold harmless the City of Muskegon from any and all claims and demands for damages or expenses arising out of the placement or the condition of the benches in the City. Said obligation shall include the payment of all costs, expenses, attorney fees, costs of preparation, consultant, expert or laboratory fees, and any other expense in connection with any such claim, as well as the payment of all damages found to exist against the City, in whatever amount. 4. TERM. This agreement shall continue in effect for a period of five (5) years from its effective date. At the end of the term the said benches shall be removed by HOWELL. If HOWELL fails to remove same, the City may remove them and dispose of them in its discretion and invoice HOWELL. 5. | TERMINATION FOR CAUSE. In the event HOWELL violates any condition or undertaking set forth in this agreement, the City may terminate or partially terminate this agreement, in regards to some or all of the benches placed in the City, upon 30 days notice of the violation given to HOWELL at its address above. In the event the breach or violation is cured within the said 30 days to the City’s satisfaction, the City will rescind its revocation or termination. 6. NON-WAIVER. In the event any breach or violation of this agreement occurs and the City takes no action, the said failure to take action shall have no effect on subsequent breaches or violations of this agreement and all remedies therefore are preserved. 7. NO THIRD PARTY BENEFICIAREY. This agreement shall benefit only the parties to this agreement, and not any third party. 9. BENEFIT. This agreement shall be binding upon and inure to the benefit of the respective parties, their successors and personal representatives. 10. EFFECTIVE DATE. This agreement shall be effective on Syne MAW Oo WITNESSES: CITY OF MUSKEGON ‘a lj Ken Johnson, Its Mayor >) / Ann Marie Meisch, its Clerk HOWELL SIGN CO LLC r A pouyf Schedule A S.E. Western/Division eanNanRYWN?Y N.E. Hackley/Rosewood S.E. Barclay/Young N.W. Laketon/Barclay S.E. Laketon/Barclay N.E. Laketon/Henry S.W. Laketon/Wood S.E. Sherman/Barclay 9, S.E. Laketon/Getty 10.N.W. Laketon/Getty 11.N.W. Getty/Nims 12.N.W. Getty/Catherine 13.S.W. Getty/Apple 14.N.W. Getty/Allen 15.N.E. Apple/Jay 16.N.E. Barclay/Sherman 17.S.W. Laketon/Sth 18.S.E. Getty/Ada 19.N.E. Apple/Creston 20.S.W. Western/Division 21.N.E. Laketon/Jarman 22.S8.W.Laketon/Getty 23.N.E. Apple/Wood 24.N.E. Laketon/Peck 25.S.W. Laketon/Peck 26.S.W. Henry/Laketon 27.S.E. Getty/Allen 28.S.E. Laketon/Wood 29.N.E. Getty/Louis 30.S.W. Laketon/Port City 31.N.E. Laketon/Wood 32.S.E. Hartford/Terrace 33.N.E. Quarterline/Marquette 34.S.W. Laketon/Roberts 35.S.W. Laketon/Madison 36.S.W. Apple/Creston 37.N.E. Laketon/Elwood 38.S.E. Marquette/Quarterline 39.N.E. Getty/Nims 40.N.E. Laketon/5" 41.S.W. Barclay/Royale Glen 42.N. E. Sherman/Sun Dolphin 43.S.W. Apple/Wood
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