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Home My WebLink About1998 04 13 Consent Item F C:OMMISSION AGENDA Il~EM F REGULAR CONSENT X INFORMATIONAL -April 13. 1998 Meeting 'MGR RI,JM IDEPT Authorization REQUEST: City Manager requesting City Commission authorization to remove all bus benches on public right-of-ways and prohibit public shelters and public seating on public right- of-ways and private property adjacent to public right-of-ways. PURPOSE: The purpose of this agenda item is for the City Commission to authorize the removal of all bus benches on public right-of-ways and prohibit public shelters and public seating on public right-of-ways and private property adjacent to public right-of-ways. CONSIDERATIONS: The City currently has twelve bus benches located on public right-of-ways throughout the City. Additional bus benches are beginning to appear on public right-of-ways without the knowledge of the City. The City has no formal agreement with any organization for the placement of public shelters or public seating in the City. The current bus benches are unsightly and detracts from the image that the City is developing. When the implementation of the S.R. 434 Corridor Visioning Plan begins; then public shelters and public seating could be incorporated into the Master Plan with the appropriate design requirements for those structures. Florida Department of Transportation no longer is the permitting authority for bus shelters, bus benches or similar structures on State right-of-ways. The responsibility for permitting has been delegated to local governments. FUNDING: None. RECOMMENDATION: City Manager requesting City Commission authorize the removal of all bus benches on public right-of-ways and prohibit public shelters and public seating on public right- of-ways ,and private property adjacent to public right-of-ways. IMPLEMENTATION: Upon Commission approval. ATTACHMENTS: Proposed agreement with Metropolitan Systems, Inc. COMMISSION ACTION: ; l~" BE PROPOSAL-AGREEMENT WHEREAS, it is everrrhere recognized that physical rest is essential to human we I being as well as welcomed by all people, the CITY OF W ;t\t~ .5 t)('~ V\~S , h~reinafte~ referred to as the "City," has determined that the installation and presence of a public seating service within the corporate limits of the City would fulfill a collateral public transportation need and be of continuing benefit to the general traveling public, and to others, and WHEREAS, the City is charged with the public interest and, accordingly, as a proprietary function is desirous of having placed within its corporate limits, at transit stops and/or at other points of pedestrian convenience or nec.essity, benches designed for comfortable seating in order that such benches may inure to the convenience and enjoyment of those who use public transportation, and of others; and WHEREAS, METROPOLITAN SYSTEMS, INC., a corporation, hereinafter referred to as the "Service Company," is engaged in the manufacture and installation of benches as an ordinary and desirable incident of urban streets and roads; and WHEREAS, the :flX\\'O( V\1t'\",",a..nISL\u\ol'\~~r\~'(""~ lY\G.J. ~<y,~<.l- ~~~~~~J ~~ t: <::,<1,- Ch-1~~~ . Cef'\~a...\ \=" \0"('" .' c.. . . . e.c5 . '",~~ 1 1)1"1.,)1'\ k: (". , I Ce"'-tc-c- \ F\o"C" _...P- ____ hereinafter collectively refer~ed to as the "Clubs," or where. individually indicated, the "Club," are desirous of sponsoring or.co-sponsoring as a community project for the benefit and accommodation of the general traveling public, and of others, the placement of benqhes at transit stops and/or at other points of pedestrian convenience or necessity within the corporate limits of the City and, to that end, pave entered into agreements with the Service Company. . NOW, THEREFORE, in consideration of the premises, the Clubs and the Service Company join in making the follow- ing proposal to the City, whereby, upon the acceptance of such proposal by the City, the said desires of the City and . of the Clubs can be realized: 1. The Service Company, its successors and assigns, shall install and at all times hereunder shall continue to furnish benchl~s, as hereinafter provided, upon public space within the corporate limits of the City (as now constituted or. hereafter l~nlarged) in a quantity sufficient, in the judg- ment of. the City reasonably exercised, to establish a public seating servil~e within the City for the benefit of the gener- al traveling public as well as for the benefit of others. The public se.3.ting service shall be without cost to the City, however, in order to fund such service, the Service Company, its successors and assigns, shall have the right to lease display space on said benches, as hereinafter provided, for both public s4~rvice and commercial messages. .2. Benches placed within the" corporate limits of the City, as herein provided, shall be governed by and subject to the following general criteria: a. No bench shall be more than forty-three (43) inches high nor more than seventy-four (74) inches long nor more than twenty-eight (28) inches wide. b. Construction shall be of concrete and wood or of equivalent. materials. BE c. Benches shall be placed at transit stops and/or at other points of pedestrian convenience or necessity and such placement shall be subject to review by the City so that no bench shall be permitted to cause a public sidewalk to be closed to pedestrian passage or to create a hazard or to otherwise be detrimental to the public safety. d. No bench, unless otherwise authorized, may be placed so that the angle of its long di- version in relation to the curb line shall be greater than forty-five de~rees (450) and no bench, unless otherwise authorized, may be placed so that it is closer than eighteen (18) inches to the face of the curb. e. Not more than one (1) bench displaying a commercial message or intended for the dis- play of a commercial message shall be per- mitted at a particular location. . f. Display space shall be restricted to the backrest area of the bench and shall not be greater than six (6) feet in length and two (2) feet in height. No commercial message displayed thereon shall appear other than on the front or rear surface of such backrest area. Should any message be deemed objection- able in the judgment of the City reasonably exercised, then, upon notice to the Service Company such message shall forthwith be re- moved by the Service Company. . . Should any Qench fail to conform to the above gener- al criteria or should a property owner 'object to the presence of a bench abutting his property then the City may order the Service C:ompanyto remove such bench and, that failing, may remove same at the expense of the Service Company. 3. The City shall reserve the right to, upon notice to the Service Company, order.. the removal of any particular bench which the City, in its judgment reasonably exercised, believes not to be located to the public benefit. Should the Service Company fail to remove such bench then the City may remove same at the expense of the Service Company. 4. At all times hereunder the benches which are the subject of this proposal shall remain the property of the SerVice Company and the Service Company shall maintain said benches in a good and substantial state of.repair. At all times hereunder the land upon which the benches are placed shall not be in the legal po~session or control of the Ser- vice Company but shall only be subject to the necessary in- stallation and maintenance .of the benches. 5. The Service Company sha!'l at all times hereunder maintain publ:ic liability insurance and shall provide the City with a Cl~rtificate of Insurance as evidence of same; the insurance shall be in the minimum amount of One Million Doll.ars ($1,.000,000.00) for individual inj ury and One Million Dollars ($1,000,000.00) for more than one injury resulting from one accident and One Hundred Thousand Dollars ($100,000.00) for property damage and if and when such minimum amounts become deficient, in the judgment of the City reasonably exercised, thE~h such amounts shall be appropriately increased upon the written request of the City. Further, within the above stated i.nsurance limits, the Service Company. shall indemnify and.save harmless the City from and against all claims, J,.osses: and expenses, including court costs and reason- able attorney's fees, arising out of or resulting from. any wrongful or ne:gligent act on the part of the Service Company, . - 2 - tsr.; its agents, rf~presentatives and employees in the installation and maintenanee of benches hereunder. 6. It :Ls intended that the program for the placement and continued maintenance of benches established by the accept- ance of this proposal by the City be quasi-connnercial in nature, accordingly, such program shall be sponsored or co- sponsored by the Clubs, however, notwithstanding anything herein to the contrary, such sponsorship shall be the Clubs' only right and obligation hereunder. The benches shall be referred to a:3 the "Clubs' benches." Should the Clubs at any time and for any reason be compelled to withdraw as spon- sors of the public seating service established by the accept- ance of this program by the City so as to leave no sponsoring organization for such program then the Service Company shall within a reasonable time thereafter join with another civic, service or charitable organization or organizations as spon... sor of such service and the City shall be notified of such sponsorship. 7. Should the Service Company be found to be, in default of any of the conditions herein, it shall be given notice in writing ,and a reasonable time, not to exceed thirty (30) days, to corrE~ct same. In the event that .the Service Company should fail to correct such default within a reasonable time after receipt of notice of same the City may, at its option, terminate the rights and obligations created by the acceptance of this proposal upon the giving of ninety (90) days notice in writing to the Clubs 'and to the Service Company. Should such termination duly occur, or should the rights and,obliga- tions to provide public seating as set forth herein cease for any other reason, then the Service Company shall be allowed an additional six (6) clonth period to remove its benches. .,; 8. Where notice to the 'Service Company and/or to the Clubs is requi.red or otherwise given pursuant to the agree- ment created by the acceptance of this proposal by the City it shall be in writing, sent by registered or certified mail, to the relevant principal office(s) with return receipt(s) requested.' ' 9. It is expressly understood and agreed that the rights and obligations created by the acceptance of this proposal by the City shall remain in full force' and effect for a period of twelve (12) years from and after the date of such acceptance and, thereafter, so long as the Service Company perfoxms as provided herein and so long as the Clubs, or either of them including successors, if any, sponsor the public seating service established herein, then, and in that event, such rights and obligations shall self-extend and renew for like periods without restriction upon the same terms, covenants and conditions. ' 10. Should anyone or more of the provisions hereof be found invalid or unenforceable by a court of competent jurisdiction then such provision or provisions shall be null and void and shall be deemed severed from the. whole and such finding shall be without effect upon the remaining provisions which remaining provisions shall continue in full force and effect provide"d that the rights and obligations of the parties contained herein are not materially prejudiced and that the intentions of the parties continue to be effective. 11. The agreement created by the acceptance of this proposal by the City supersedes all prior negotiations, under- standings, representations or agreements between the parties hereto, whether written or oral, with respect to the subject matter contained herein and with respect to the area intended hereunder. - 3- 12. The effective date of the agreement created by the acceptance of this proposal by the City shall be one hundred and twenty (120) days from and after the date of such acceptance provided, however, that in the event- that such agreement has the effect of continuing or replacing an existing public seating service within the City then such agreement shall take effect upon the acceptance of this pro- posal by the City. Time shall be of ~~e e~sence of such agreement and the rights and privileg~s created under the agreement shall be exclusive and shall not be conditioned upon the City being served by a mass transit system. 13. The installation of benches at transit stops as herein provided shall be in cooperation with the transit system authorized to provide service within the City. 14. Should the City desire to have transit shelters installed at designated transit stops within its corporate limits which shelters are to be funded by the display of connnercial mes8ages, the Clubs, together with the Service Company, shall have the right of first refusal for the in- stallation and operation of such shelters together with the display space thereon. 15. It is further understood and agreed that the City shall be paid a monthly fee of One Dollar and Fifty Cents . ($1.50) per rented bench with the first payment due at the end of the month of placement of the first bench placed pur- suant to this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their respective corporate names by the persons duly authorized to sign in their behalf. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ATTEST, .l..",~ ~. ~{ a )~u1~ ATTEST, ~...~ . ~'...JO-ne-e epl.J...li ATTEST: /~ ~~~ 3~~ietary/Asst. Secretary - 4' - 3,n;o{ yJl\l'W:l.r\s r.\~b t"l9 ~nG,("A I \('It... CLUB BYP1~ tl~ (SEAL) c.. (SEAL) ~s ~l,("kC~b~B~ Ce,,~o..\ tlQ.:6dc, \VlC B~\ ~ (SEAL) r si e t . tw\o'thec-s A.,4;",st ONV\\<: W-rj VI ~ (SEAL) (~e.., ~. }(ottM\:. -;- t'lttC.c~~ ~~ METROPOLITAN SYSTEMS, INC. . By /11 E.:iJ~~ Vice Presi ent (SEAL) ATTEST: Ci ty Cll~rk (SEAL) Date of Acceptance by City of Approved as to form and legal sufficiency: City Attorney .: .' - 5 -