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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
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WITNESSES: CITY OF MUSKEGON
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Ken Johnson, Its Mayor
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/ Ann Marie Meisch, its Clerk
HOWELL SIGN CO LLC
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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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