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HomeMy WebLinkAbout03865 - BUILDING INDUSTRY SIGN KIOSKS MO 6041 kmbe> f,pA`M.S.0 City of Palm Springs I,J N fi Department of Planning Services 3200 E.Tahquitz Canyon Way * Palm Springs,California 92262 q41 FO�N� TEL: (760)323-8245 • FAX: (760)32 2-8360 • TDD: (760)864-9527 September 29, 2010 Bill Blankenship, Deputy Director Building Industry Association, Riverside County Chapter— Desert Region 77570 Springfield Lane, Suite E Palm Desert CA 92211 RE: Agreement to Maintain Signs Kiosks — Notice of Termination of Agreement Dear Mr. Blankenship, Since,1997, the City has contracted with the Building Industry Association of Southern California, Desert Chapter to maintain off-site directional sign kiosks within the city limits of Palm Springs. On September 22, 2010, the City Council directed staff to terminate the Agreement with the BIA. Section 5.2 of the Agreement provides for its termination, as follows: 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be all approved by the Contract Officer. Please accept this letter as notice of termination in accordance with Section 5.2 of the Agreement. No further services are currently approved and the Agreement will have no force or effect as of October 29, 2010. Thank you for thirteen years of service rendered to the local development community on behalf of the City. Feel free to contact me by telephone at 760-323-8269 or by e-mail at craig.ewinq@oalmsr)rin-qsca.gov if you have any questions. Sincer , .. Cr g . Ew' g, A CP for of lanni g Services cc: Mark Knorringa, Chief Executive Officer, BIA, Riverside County Chapter 3891 11th Street, Riverside, CA 92501 City Manager L City Clerk City Attorney THIRD AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF OFF-SITE DIRECTIONAL SIGN KIOSKS WITH THE BUILDING INDUSTRY ASSOCIATION / DESERT CHAPTER This Third Amendment to the Contract Services Agreement withw ith the Building Industry Association / Desert Chapter is made and entered into this ll of Ilw, 2010. by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and BUILDING INDUSTRY ASSOCIATION, DESERT CHAPTER, ("Contractor") and amends that certain "Contract Services Agreement for the Installation and Maintenance of Off-site Directional Sign Kiosks (the "Amended Agreement") dated October 15, 1997 between the parties RECITALS A. On October 15, 1997, the City Council approved an agreement with the Building Industry Association / Desert Chapter (BIA) to install and maintain off-site directional real estate signs throughout the City. B- The BIA has worked with major project developers to provide this coordinated advertising effort. C. The program is a significant improvement over the alternative allowed by state law by providing a coordinated look of real estate advertising in lieu of a proliferation of signs installed by individual developers. D. On April 3, 2002, the City extended the agreement to March 31, 2006. E. On February 1, 2006, the BIA submitted a request to extend the agreement for four more years and requested an amendment to expedite the approval of individual sign installations. F. The proposed amendment is Categorically Exempt under Section 15303 - New Construction or Conversion of Small Structures of the California Environmental Quality Act. AGREEMENT The Agreement is hereby amended as follows: 1. Section 3.2 "Contract Officer" shall be amended to read as follows. 3.2 Contract Officer. The Director of Planning Services is hereby designated as being the representative of the City authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer")- The Contract Officer may delegate the responsibility to approve structure placement. The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 2. Section 5.1 'Term" shall be amended to read as follows: 5.1 Term. Unless earlier terminated in accordance with Section 5.3 below, this agreement shall continue in full force and effect from the date of execution through March 31, 2014. IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective as of the date first written above. °I, 0VEC BY CITY COUNCIL CITY OF PALM SPRINGS A municipal corporation r By: -VFl- City Mana r / ATTEST: ?itylerk APPROVED AS TO FORM: BUILDING INDUSTRY ASSOCIATION, DESERT CHAPTER City Att rne'y Jaynes Brown Vice President egislative Analysis SECOND AMENDMENT TO CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF OFF-SITE DIRECTIONAL SIGN KIOSKS WITH THE BUILDING INDUSTRY ASSOCIATION /DESERT CHAPTER This Second Amendment to the Contract Services Agreement with the Building Industry Association / Desert Chapter is made and entered into this 15'1' day of March, 2006, by and between the CITY OF PALM SPRINGS, a municipal corporation ("City") and BUILDING INDUSTRY ASSOCIATION, DESERT CHAPTER, ("Contractor") and amends that certain "Contract Services Agreement for the Installation and Maintenance of Off-site Directional Sign Kiosks (the "Amended Agreement") dated October 15, 1997 between the parties RECITALS A. On October 15, 1997, the City Council approved an agreement with the Building Industry Association / Desert Chapter (BIA) to install and maintain off-site directional real estate signs throughout the City. B. The BIA has worked with major project developers to provide this coordinated advertising effort. I C. The program is a significant improvement over the alterative allowed by state law by I j providing a coordinated look of real estate advertising in lieu of a proliferation of signs installed by individual developers. ' D. On April 3, 2002, the City extended the agreement to March 31, 2006. E. On February 1, 2006, the BIA submitted a request to extend the agreement for four more years and requested an amendment to expedite the approval of individual sign installations. F. The proposed amendment is Categorically Exempt tinder Section 15303 — New Construction or Conversion of Small Structures of the California Environmental Quality Act. AGREEMENT The Agreement is hereby amended as follows: 1. Section 3.2 "Contract Officer" shall be amended to read as follows: 3.2 Contract Officer. The Director of Planning Services is hereby designated as being the representative the City authorizes to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer'). The Contract Officer may delegate the responsibility to approve structure placement. The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 2. Section 5.1 "Term" shall be amended to read as follows: 5.1 Term. Unless earlier terminated in accordance with Section 5.3 below, this agreement shall continue in lull force and effect from the date of execution through March 31, 2010. IN WITNESS WHEREOF, the parties hereto executed this Second Amendment to be effective as of the date first written above. CITE' OF PALM SPRINGS A municipal corporation J �r✓� City Manager i I i j 'ATTEST: ST: APPROVED BY CIiY COUNCIL I �•,. " 0.3�1S�2bc(, ,1Ne783U ,A38to5 Clerk APPROVED AS TO FORM: BUILDING INDUSTRY ASSOCIATION, �]r DESERT CIIAPT'ER City A omey N e: •r Bell tle: E ecutive Director • • Building Industry Associatior Sign Kiosks AGREEMENT #3865 Amend I M07039, 4-3-02 BIA IpA- if,<a 2 2/ `'' Desert Chapter Xp Building[ndustrr A—oeialiou Jl� pJI v of Southern California U 77-570 Springfield Lane Suite F L/ 1 Patin D'ewrl,California 92211 February 19, 2002 lie ` �R 760.360.2470 r c 760 772 as72 Mr. David Ready City Manager Y 0 City of Palm Springs \ 3200 Tahquitz Canyon Way p yr Palm Springs, CA 92262 'y Dear Mr. Ready: As you may be aware, Building Industry Association of Southern California Desert Chapter has a Contract Services Agreement for the Installation and Maintenance of Off-site Directional Sign Kiosks with the City of Palm Springs. Section 5.1 of the Agreement calls for termination of the Agreement on March 31, 2002. Over the four year period of the agreement, Desert Chapter has permitted a number of signs throughout the city and we believe that city staff has been happy with the way the Kiosk Sign Program has been carried out. Since residential bui ding continues in the city, it is respectfully requested that our Contract Services Agree be renewed for four years. per- Executive Director - i'•" `�--' �. •f L1-�� e e Ire:_ -_ I ttt(. I P � Illl Illll( — —� �aCIYV E fy 1 PAL YSpOtilIVG� UIt�EEHiI�Ic.:, An AI'fih.w of the Notional Assm6m3oo of home Builders and the California Building Industry Assoeiation AMENDMENT NO. 1 TO AGREEMENT NO.3865 FOR CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF OFFSITE DIRECTIONAL SIGN KIOSKS WITH THE BUILDING INDUSTRY ASSOCIATION. Section 5.0, Subsection 5.1 Term is amended as follows: Unless earlier terminated in accordance with Section 5.2 below, this agreement shall continue in full force and effect from the date of execution through March 31, 2006. 509-63 s Building Industry Assoc. of So. California, Desert Chapter ff-site Direct. Sign Kiosks AGREEMENT #3865 M06041, 10-15-97 ! - -- - - CITY OF PALM SPRINGS CONTRACT SERVICES AGREEMENT FOR THE INSTALLATION AND MAINTENANCE OF OFF-STTE DIRECTIONAL SIGN KIOSKS THIS CONTRACT SERVICES AGREEMENT (herein "Agreement") is made and entered into this = day of , 19�, by and between the CITY OF PALM SPRINGS, a municipal corporation (herein "City") and the BUILDING INDUSTRY ASSOCIATION OF SOUTHERN CALIFORNIA, INC. , DESERT CHAPTER, a non-profit association (herein "Contractor") . NOW, THEREFORE, the parties hereto agree as follows: 1. 0 SERVICES OF CONTRACTOR 1. 1 Scope of Services. In compliance with` all of the terms and conditions of this Agreement, the Contractor shall perform the work or services set forth in the "Scope of Services" attached hereto as Exhibit, "A" and incorporated herein by reference. Contractor warrants that all work and services set forth in the Scope of Services will be performed in a competent, professional and satisfactory manner. 1. 2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency having jurisdiction in effect at the time service is rendered. 1. 3 Licenses, Permits , Fees and Assessments. Contractor shall obtain at its sole cost: and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. 2 . 0 COMPENSATION 2 . 1 No Compensation from City. For the services rendered pursuant to this Agreement, Contractor shall receive no compensation from the City. :Installation and maintenance of sign kiosks under this Agreement shall be funded solely from fees to be charged and collected by Contractor from housing community advertisers. 3. 0 COORDINATION OF WORK 3 . 1 Representative of Contractor. The Executive Director, Building Industry Association of Southern California, Desert Chapter, is hereby designated as being the principal and 592i014084-W01/3052794.4 109129re7 CPfUGI NIl'L E,',O representative of Contractor authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith. 3 . 2 Contract Officer. The Director of Planning and Building is hereby designated as being the representative the City authorized to act in its behalf with respect to the work and services specified herein and make all decisions in connection therewith ("Contract Officer") . The City Manager of City shall have the right to designate another Contract Officer by providing written notice to Contractor. 3 . 3 Prohibition Against Subcontractin❑ or Assignment. Contractor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void. 3 . 4 Independent Contractor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Contractor, its agents or employees, perform the services required herein, except as otherwise set forth. Contractor shall perform all services required herein as an independent contractor of City and shall remain under only such obligations as are consistent with that role. Contractor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 4. 0 INSURANCE AND INDEMNIFICATION 4 . 1 Insurance. The Contractor shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance: (a) Comprehensive General Liability Insurance. A policy of comprehensive general liability insurance written on a per occurrence basis in an amount not less than either (i) a combined single limit of $500,000. 00 or (ii) bodily injury limits of $250, 000. 00 per person, $500,000. 00 per occurrence and $500, 000 . 00 products and completed operations and property damage limits of $100, 000. 00 per occurrence and $100, 000. 00 in the aggregate. (b) Worker's Compensation Insurance. A policy of worker's compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure and provide legal defense for both the Contractor and the City against any loss, claim or damage arising from any injuries or occupational diseases occurring 5821014084-000113052794.4 m09l29197 -2- to any worker employed by or any persons retained by the Contractor in the course of carrying out the work or services contemplated in this Agreement. (c) Automotive Insurance. A policy of comprehensive automobile liability insurance written on a per occurrence basis in an amount not less than either (i) bodily injury liability limits of $250, 000. 00 per person and $500, 000. 00 per occurrence and property damage liability limits of $100, 000. 00 per occurrence and $250, 000. 00 in the aggregate or (ii) combined single limit liability of $500, 000. 00. Said policy shall include coverage for owned, non-owned, leased and hired cars. All of the above policies of insurance shall be primary insurance and shall name the City, its officers, employees and agents as additional insureds. The insurer shall waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. All of said policies of insurance shall provide that said insurance may not be amended or canceled without providing thirty (30) -days prior written notice by registered mail to the City. In the event any of said policies of insurance are canceled, the Contractor shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 . 1 to the Contract Officer. No work or services under this Agreement shall commence until the Contractor has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. The Contractor agrees that the provisions of this Section 4. 1 shall not be construed as limiting in any way the extent to which the Contractor may be held responsible for the payment of damages to any persons or property resulting from the Contractor's activities or the activities of any person or persons for which the Contractor is otherwise responsible. The insurance required by-this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the: Director of Administrative Services or designee of the City due to unique circumstances. 4 . 2 Indemnification. Contractor agrees to indemnify the City, its officers, agents and employees against, and will hold and save them and each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities, including paying any legal costs, attorneys fees, or paying any judgment (herein "claims or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in connection with the 582/014084-0001/3052794.4 109/29/97 -3- negligent performance of the work or services of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the negligent acts or omissions of Contractor hereunder, or arising from Contractor's negligent performance of or failure to perform any term, provision covenant or condition of this Agreement, but excluding such claims or liabilities to the extent caused by the negligence or willful misconduct of the City. 5. 0 TERM 5.1 Term. Unless earlier terminated in accordance with Section 5.3 below, this Agreement shall continue in full force and effect from the date of execution through March 31, 2002 . 5.2 Termination Prior to Expiration of Term. Either party may terminate this Agreement at any time, with or without cause, upon thirty (30) days' written notice to the other party. Upon receipt of the notice of termination, the Contractor shall immediately cease all work or services hereunder except as may be specifically approved by the Contract Officer. 6. 0 MISCELLANEOUS 6. 1 Covenant Against Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns' and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this Agreement. Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, marital status, national origin or ancestry. 6. 2 Non-liability of City officers and Employees. No officer or employee of the City shall be personally liable to the Contractor, or any successor ---in interest, in the event of any default or breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Agreement. 6. 3 Conflict of Interest. No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Contractor warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement. 582/014084-0001/3052794.4 m09/29/97 -4- 6.4 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case! of the City, to the City Manager and to the attention of the Contract Officer, CITY OF PALM SPRINGS, P.O. Box 2743 , Palm Springs, California 92263 , and in the case of the Contractor, to the person at the address designated on the execution page of this Agreement. 6.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other. rule of construction which might otherwise apply. 6. 6 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any-time by the mutual consent of the parties, by an instrument in writing. 6.7 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder unless the .invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless. 6 . 8 Waiver. No delay or omission in the exercise of any right or remedy by a nondefaulting party on any default shall impair such right or remedy or, be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6. 9 Attorneys' Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees, whether or not the matter proceeds to judgment. 6. 10 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such 582/014084-0001/3052794.4 .09/29/97 -5- Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. IN WITNESS WHEREOF, the parties have executed and entered into this Agreement as of the date first written above. CITY: CITY O -&P-RINGS, a unicipal corp at City Mana ATTEST: CCit Clerk APPROVED AS TO FORM: City Atto y [SIGNATURES CONTINUED ON NEXT PAGE] 582/014094-000113052794.4 .09129/97 -(- CONTRACTOR: BUILDING INDUSTRY ASSOCIATION OF SOUTHERN CALIFORNIA, INC. , DESERT CHAPTER, a non-profit association By Name: %a�t,.r' rl Title: Na 7p- Alt t f Y Title: ;cuE�uT/ai£ � c;�•, Address: 77-564 Country Club Drive Suite 400B - Palm Desert, CA 92211 [END OF SIGNATURES] 5821014084-000113052794.4 m09/29/97 -7- EXHIBIT "A" SCOPE OF SERVICES Contractor shall install and maintain off-site directional sign kiosks ("kiosks") for the purpose of providing travel directions to new housing developments or public facilities, and administer the leasing of sign space on the kiosks, in accordance with this Agreement and Section 9320.07 . 7 of the Palm Springs Zoning Ordinance, and on the following terms and conditions: A. INSTALLATION AND MAINTENANCE OF SIGN KIOSKS 1. Description of Sian Kiosks and Signs. The sign kiosks shall be manufactured and erected in accordance with Section 9320. 07.7 . of the Palm Springs Zoning Ordinance and the following specifications: a. Attached hereto as Exhibit "B" and incorporated herein by reference, is a diagram of the kiosk structure and individual directional signs. All kiosks and signs erected hereunder shall substantially conform to these diagrams. b. Each kiosk: sign area shall not exceed 60 square feet nor shall any such sign area exceed 6 feet in width and/or 10 feet in height. Individual directional signs shall be constructed so as to conform to the size and design of the kiosk, which may vary depending on site constraints. The height of the individual sign panels shall be either 9 inches or 18 inches. The width of the individual sign panels shall conform to the width of the kiosk. C. All individual directional signs mounted on the kiosk shall be of the same design and shall be white with contrasting colored lettering. The directional arrow shall he a matching color as shown on Exhibit "B. " Letters may be upper case and/or lower case. In any case, all colors and type style shall be approved by the Director of Planning & Building prior to installation. Signs shall have no more than four primary or secondary colors, and the colors shall not be fluorescent or reflectorized or of other similar quantity. d. Each individual directional sign shall contain only the name of the residential tract or development to which it refers, where the original sale of new homes is being conducted, and shall contain a directional arrow. The maximum number of directional signs allowed in one kiosk shall be seven if single- faced or 14 if double-faced. e. Each kiosk shall have the city logo and the words "Palm Springs" displayed in a prominent location at the top of the kiosk as shown on Exhibit "B. " For dual-faced kiosks, the city logo and the words "Palm Springs" shall appear on both sides of the kiosk at the top. The city logo and the words "Palm EXHIBIT "A" 5821014084-0001/3052794.4 m09129197 L of 4- Springs" shall be in color; which shall contrast against the background color. f. In addition to the maximum of seven directional signs allowed by Paragraph A. l.d. , each kiosk shall provide space for one directional sign indicating the location of individual public buildings, or public facilities or services, including parks and schools, as designated by the City. The location of the sign on the kiosk shall be determined by the Contractor. The City shall pay Contractor for the cost of sign panel manufacture and installation for any panels they designate. Each dual-faced kiosk shall provide space for two City-designated directional signs. g. Individual directional signs may remain installed on the kiosk until the last homes or lots in the applicable community/resort/subdivision are sold. h. The location of the kiosks shall be chosen by the Contractor with the approval of the Director of Planning and Building. There shall be only one kiosk per quadrant of a street intersection. No kiosk shall be allowed in any location where it will cause or tend to cause any conflict with the safety of vehicular or pedestrian traffic. No kiosk shall be permitted beyond a two mile radius of the project it advertises except when the kiosk is located at City gateways, and at intervening directional changes between the gateway and the two mile radius. 2 . Permits. The Contractor shall obtain an Encroachment Permit, in accordance with Palm Springs Municipal Code Chapter 14 . 16, for each kiosk to be installed in the public right of way pursuant to this Agreement. A sample of the Encroachment Permit is attached to this Agreement as Exhibit "C" . In accordance with Municipal Code Chapter 14 . 16, the Contractor may also be required to deposit a cash deposit or approved surety bond in the amount necessary to reimburse the City for the costs of returning the right-of-way to its former- condition. The Contractor shall be responsible for securing, at its sole expense, all permits and applications required for kiosk and sign installation, maintenance, removal, or related activities under this Agreement. Wherever possible, the City shall allow multiple sign kiosk installations to be combined on a single permit. 3 . Time for Installation. For any kiosk, the Contractor shall complete the installation of the kiosk and directional signs within 45 days after the permit is issued by the City. 4 . Installations on Private Property. In the event any kiosk is to be erected on private property, Contractor shall obtain written consent from the landowner for the installation and maintenance of the kiosk on the private property, including a provision giving the City the right to enter the property and remove the sign for noncompliance with the Palm Springs Zoning Ordinance. A copy of said consent shall be filed with the Director EXHIBIT "A" 582/014084-0001/3052794.4 .09129/97 -'2 of 4- of Planning and Building prior to his approval of the kiosk. The Contractor may also be required to deposit a cash deposit or approved surety bond in the amount necessary to reimburse the City for the costs of removing the sign. Any private property rental fees required shall be paid by Contractor. 5. Maintenance. It shall be the sole responsibility and liability of Contractor to maintain, repair, replace, and repaint each kiosk and sign as necessary to ensure they remain in good condition and repair. Additionally, upon written notice from the City that maintenance is needed for a particular kiosk or sign, Contractor shall repair or replace said kiosk or sign within five business days. 6. Removal or Relocation of the Kiosks. Certain events, such as street and sidewalk construction or construction on adjacent property, may at times require the removal or relocation of a kiosk. Upon written notice from the City that such removal or relocation is necessary, Contractor shall, at its sole cost and expense, remove the kiosk and reinstall it at such new location as authorized by the City. 7. Removal of the Kiosks Upon Termination of Agreement. Upon termination of this Agreement for any reason, the City shall have a 30-day right to purchase from Contractor any or all of the kiosk structures and signs for their original cost less depreciation. If the City does not exercise that right, Contractor agrees to remove any and all such structures and signs upon written notice from the City. If Contractor fails to remove any such structures or signs within :30 days after the mailing of such notice, City may remove any and all such structures or signs left in place and destroy them and City shall not be liable for damages therefor. 8 . Modification of the City's Directional Sian Program. The City retains the right to modify or amend its directional sign program and sign ordinances as it deems necessary. B. ADMINISTRATION OF SIGN LEASING PROGRAM 1. Fees to be Charcred bV Contractor. Contractor shall administer the sign program in accordance with this Agreement and Section 9320. 07.7 of the Palm Springs Zoning Ordinance. The fees charged to the advertiser by the Contractor shall consist of the Contractor's costs for installing the directional sign on a kiosk, the City's costs for administering this Agreement and approving any necessary permits, the Contractor's costs for the construction and maintenance of the kiosks and the individual signs, and the Contractor's costs for administering the sign program. The fee schedule shall be subject to approval by the City Council and when approved shall be part of this Agreement. EXHIBIT "A" 582/014084-0001/3052794.4 m09/29/97 -3 of 4- 2 . Compliance with Sian Ordinance. It is the intent of both parties that all off-site directional sign kiosks are to be installed and maintained in accordance with Palm Springs Zoning Ordinance section 9320. 07 . 7 and this Agreement. Contractor further recognizes City's desire to limit the use of outdoor advertising for housing developments, and especially to discourage the use by Contractor's members and other builders and developers of temporary signs, A-frame signs, and any other outdoor advertising devices erected, installed, or maintained contrary to the City's ordinances. Contractor agrees to use its good offices, influence and best efforts with its members and others in the building industry to secure maximum compliance with the City's ordinances, and to avoid proliferation of temporary or otherwise prohibited signs. In return the City agrees to strictly enforce its Sign Ordinance. a. Contractor shall not accept or install any directional signs for any community or development if that community or development maintains signs which do not comply with the requirements of the Sign Ordinance. Upon written notice from the City that a community or development has installed signs which do not comply with the Sign Ordinance, Contractor shall- remove from its kiosks all directional signs for that community or development. If Contractor fails to remove any such signs within 30 days after the mailing of such notice, City may remove any and all such signs left in place and destroy them and City shall not be liable for damages therefor. b. During the term of this Agreement, Contractor shall not install or maintain any signs or structures that do not comply with the Palm Springs Municipal Code, and shall remove any such signs or structures anywhere within the area covered by the City's General Plan. C. Contractor shall not allow any third parties to make any additions to, or attach any tags, signs, streamers, devices, display boards or other appurtenances to either the kiosks or to any signs located thereon. d. In the event that Section 9320. 07 . 7 of the Palm Springs Zoning Ordinance or any part of it is deemed unconstitutional, Contractor shall remove all signs and kiosks installed pursuant to this Agreement, and this Agreement shall terminate without liability to the City or to the Contractor. EXHIBIT "A" 592/014084-000113052794.4 109/29/97 -4 of 4- EXHIBIT "B" DESCRIPTION OF SIGN KIOSK STRUCTURE AND DIRECTIONAL SIGNS EXHIBIT "B" 5 8 21014 084-000 1/3 052794.4 .09/29/97 -1 Of I- RCV EY:RUTAN & TUCKER � 97 : 10:43AM 760 322 RU'I'ANI & TUCKER. CM. :# 2 vul . to nlvwnl iv-yv vil � nuri 01 nrnuv iuu• ivu vv t . vv. 60" Vi12��flolvltL "AF OP PALM�Tia « all 4- ANDREAS HOMES I„ 41'- ANDR,L AS HOMES II II if ANDREAS HOMES 2-7�fo Wo9Ip II I- wM T.= f'rrrla- sest signs REPHESENTEDO AYTMS EDRAWIN0 ARE OWNED BY AN0 FROFE�OF I N C O k Y O R A T E 6 BEST AND DEVELOPED FOR USE ON AND IN CON INC.ANDRNE OND1417HOTHE LVE SPEECIIFIED PROJECT PALM SPRINGS Or PALM DESERT NONE OF SUCH IDEAS,OPSIGNS ARRANGEMENTS OR PUNS SHALL BE USED BY OR DISCLOSED TO ANY PERSON FIRM OR OAA�C/1�C//"!AR[' CORPORATION FOR ANY PURPOSE WHATSOMR WIiH OUT THE 8 V V J 4 J 1 V I rJ WRMN PERMISSION OF REST SIGNS,INC. I�[r� 11 project name: L2,t f}_ �, �• 1�l"R-{ qfY: scale; Ilkoff•= ( t. o item: date; 511&7 m Co"dV,s Rounng As *OF PALM SPRINGS, CALIFORW' klt>stefaee struchares Mug Be Dane '.0"rtment Or Fubna works Contrawwr Mutt Have This al e 1M Present of an InSPectar. the Jab Site or Itw Work wlu a CONSTRUCTION PERMIT �'"'°°"'° Far the Caastruedw of 3fteti, Sewn, Etomt Ondrts and any work wi t Sp„ts or Rom d Way PPLICANT'S NAME(Pnm) tW RESS n:ar+ar T. .r w ra•rarni PHGtf E ND. REMARKS: t a E T e x PHONE $2$3 !:XL tl M (Field Engirt rt� START DATE: ti advmm of kmpacOprrg, WORK DAYS: COMPLETION DATE: ^� t JOB FOREMAN: tAfE CONMUI M SUBCONTRACTOR: 1 i SUBCONTMCTOR: { SUBCONTRACTOR: r r t l c JOB DHOW. T i TESTING LAB: I 1 CITY INSPECTOR CITY PROJECT N0. BIO AMOUNT PURCHASE ORDER NO. ACCOUNTNOE [Fold •'•f JOB LOCATION Street Address or Description of Loeatfan I ERurr N° 12037 STREET ApOAess III work dculed an this permit snalf be tlRB: I IN.FT.AT PER IT. =S 4astructOd kr W=dame wit the pro4isnrrs WAIN:. n this permit to the satrsrtcNon of ft city S.. FT.AT PER SO.FT, s S tgineer. The Munlclpal Code of the City of AVEMENT: SO.FT,AT PER SO.FT. =S 1�Songs.this Construction Perm,and the ROSS GUTTER: lowing standard plans are hereby mace a PER EA. Flv. =S FfarT A this permit: BBDN GUTTER: LIN.FT,AT PER UN.FT. =S �TREET PLAN N - RIVEWAY: PER EA. EA. =S 'EWER PLAN EWER MAIN: LIN.FT.AT PER UN.FT..= ING PLAN O Check EWER UTEAALS: - 1IN.F'r.AT PER LIN.FT. =S EWER CONNECTIONS: PEP EA. EA. =5 ATER PLAN O Check ILOING PLAN 17 CHeck .INEA MANHOLES: PER EA. EA. =S he Throe referenced skelth, plans. prafiks, - ' andard plan, waivers. affidavit bonds. _ ii rsuram and the Standard SPAVICalians of the City a, Palm Springs, us hereby i ciuded and 1RVEY INSPECTION FEE _ =Sr ad*a par of this DwW, "nnnarof Perin let is Responstble for Tegmg. PERMIT FEE =S (Except City Projects) TOTAL FEES =S CATE: I have read the above and agrn or I`ai"r with the THIS PERMIT MUST (SEAR p SUED BY moods of this permd.including the rules prWW ACCt. 71•1215 an The reverse of this perrrct, am to pay lair airy additional reotacement necessary as the rmM of this work —_ SICN&IU,(Of LM<"' OWn&M a Nl CITY TREASU1tER'S VALICATIaN / � � t � � TOTAL P.01 F_x14tsi r ACORDM CERTIFICAI OF LIABILITY INSURA' 'E DATE(MM/DD/YY) 05/07/98 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION BOLTON & CO INSURANCE BROKERS ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1100 EL CENTRO STREET HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR „4 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P. O.BOX 820 y ,� r'� COMPANIES AFFORDING COVERAGE SOUTH PASADENA, CA 91031-0820 /� �; ��, 118 COMPANY A RELIANCE INSURANCE COMPANY INSURED r � COMPANY RECEIVED IE. BUILDING INDUSTRY ASSOCIATIION".�,: B OF SOUTHERN CALIFORNIA,INC. COMPANY c 1330 SOUTH VALLEY VISTA DRIVE C DIAMOND BAR, CA 91765 COMPANY CITY CMER AF D COVERAGES . '. . . .... ... - " THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BE 11 EN ISSUED TO 11 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPEOFINSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MWDD/YY) DATE(MWDD/YY) LIMITS A GENERAL LIABILITY GENERALAGGREGATE $ 1 OOOOOO X COMMERCIAL GENERALLIABILI QB8572195-98 12/01/97 12/01/98 PRODUCTS-COMP/OP AGO $ 1,000,000 CLAIMS MADE �OCCUR PERSONAL&ADV INJURY S 1,000,000 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $ 1 O00 000 FIRE DAMAGE(Any one fire) $ 50000 MED EXP(Any one person) $ 5,000 A AUTOMOBILE LIABILITY ANY AUTO QB8572195 12/01/97 12/01/98 COMBINED SINGLE LIMIT $ 1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Peraorslent) $ PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY EACH ACCIDENT $ AGGREGATE $ A EXCESS LIABILITY QU85721950-98 12/01/97 12/01/98 EACH OCCURRENCE $ 1,000,000 UMBRELLA FORM AGGREGATE S 1,000,000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND WC STATU- OTH- EMPLOYERS'LIABILITY TDRY LIMITS ER EL EACH ACCIDENT S THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERSARE EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS Regarding Directional Sign Program. CERTIFICATE HOLDER CANCELLATION:I en'Day Notice for Non-Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Palm Springs EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL P.O.Box 2743 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Palm Springs,California 92263 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS TS OR REPRESENTATIVES. AUTHOFJ�REPRESE TIVE / ., ACORD 25-S 1/95 .w__,_.-: .., „ .. ....�.K,:L. ;. �..ry„�.../ RD C6 ibRATIION 19w � l - O�CORD CORPORATION 1988