A. Location: The city hereby grants, in areas outside a designated national register of historic property, or a national historic district or a heritage preservation district, a nonexclusive right, privilege, franchise and permission, at the grantee's expense, to install, place and maintain "advertising benches" (a.k.a. "courtesy benches") convenient to shoppers and pedestrians on a portion of the public street between the curb and the property line, and private property as negotiated with the property owner.
B. Maintenance: The maintenance of all benches by the grantee includes, but is not limited to, general upkeep and repair, painting, weed control and snow removal.
C. Construction And Design: Prior to the placement of any advertising benches by a grantee, the materials, construction and design of such benches shall be approved by the city.
D. Location, Placement: Required: The location and placement of any benches shall be made only after approval by the city. Any proposed location and placement of any bench shall be submitted by the grantee to the city and shall be subject to the restrictions found in this section.
E. Removal Of Benches: The grantee agrees to remove said benches from any location, public or private, where placed, when required to do so by the city. The grantee shall have thirty (30) days to remove any particular bench or benches. (Ord. 114, 4th Series, eff. 5-11-1998; amd. Ord. 35, 5th Series, eff. 5-21-2001)
F. Advertisement Regulations:
1. No bench shall advertise or promote the sale or usage of any alcohol or alcohol related product or tobacco or tobacco related product. No bench shall bear the name of any alcohol or alcohol related product, or any tobacco or tobacco related product, or any trademark or brand name of such product.
2. The grantee shall have the right to place and maintain on its benches display advertising and material, subject to the limitations of subsection F1 of this section, and shall retain all revenue received therefrom, except as hereinafter provided. (Ord. 42, 6th Series, eff. 7-2-2012)
G. Indemnity: The grantee agrees to defend, save harmless and indemnify the city, its officers, agents and employees from any claims, demand, action, liability, damage or judgment which may arise or accrue out of the operation, maintenance and use of said benches, including, but not limited to, all liability for infringement of trademarks, trade names, copyrights, invasion of rights or privacy, defamation, illegal competition or unfair trade practices.
H. Liability Insurance: The grantee shall procure, maintain and deposit with the city certificates evidencing insurance policies from responsible insurance companies covering public liability and property damage insurance for the protection of patrons and other users of said advertising benches. The policy shall name the city as an additional insured in order to protect the city from any loss arising out of the placement and use of said benches. The amount of indemnity in such public liability insurance policies shall not be less than seven hundred fifty thousand dollars ($750,000.00) per occurrence for injuries or death for any number of claims arising out of a single occurrence. The amount of indemnity for property damage in such insurance policies shall not be less than twenty thousand dollars ($20,000.00). Such policies shall also contain a provision requiring the insurer to notify the city at least thirty (30) days before the expiration of such policy either by cancellation or limitation.
I. Fee: The annual "advertising bench" fee is established by resolution.
J. Disclaimer: The grantee shall receive written permission from all private property owners concerning the location of a bench on their property and on public rights of way adjacent to their property.
K. Nonassignability: The grantee shall not assign, transfer, convey, pledge, sublet or otherwise dispose of the nonexclusive franchise granted pursuant to this section without prior approval of the city.
L. Termination: Any franchise hereby granted shall continue in effect for one year periods until revoked or terminated by written notification by the city or the grantee. In the event that the franchise is terminated, the grantee shall have ninety (90) days to remove said benches. (Ord. 114, 4th Series, eff. 5-11-1998; amd. Ord. 35, 5th Series, eff. 5-21-2001)