HomeMy WebLinkAboutResolution 99-093 license agreement with attention benchesMARANA RESOLUTION NO. 99-93.
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, AUTHORIZING A LICENSE AGREEMENT BE ENTERED INTO BETWEEN THE
TOWN AND ATTENTION BENCHES, INC., FOR THE PLACEMENT OF BUS-STOP
BENCHES ALONG DESIGNATED BUS ROUTES.
WHEREAS, Attention Benches, Inc., has requested the privilege to install advertisement
benches at bus-stop locations within the Town of Marana;
WHEREAS, advertising space shall not be provided to tobacco, alcohol, or other age-
restricted businesses. Competing business advertising shall not be placed within 500 feet of an
existing business;
WHEREAS, Attention Benches, Inc., shall be responsible for the installation and
maintenance of its benches. Attention Benches, Inc., shall be responsible for trash collection and
weed abatement in the vicinity of its benches;
WHEREAS, Attention Benches shall respond within 24 hours to any request by the Town
to relocate a bench due to road construction or other issues of immediacy;
WHEREAS, Attention Benches, Inc. shall indemnify and hold the Town of Marana, its
officers, agents, and employees harmless from any and all claims, demands, causes of action,
complaints, suits, losses, damages, injuries, and liabilities whatsoever (including those for costs,
expenses, and attorneys' fees) to any person, persons, or property arising out of either (1) the
maintenance and use of the Towifs property by Attention Benches, Inc., its heirs, assignees or
designees, or (2) the negligent acts or omissions of Attention Benches, Inc., its heirs, assignees or
designees;
WHEREAS, Attention Benches, Inc., its heirs, assignees, or designees shall obtain liability
insurance prior to installation of any objects in the public rights-of-way and for the term of the
proposed License Agreement in m'mimum amounts of $1,000,000.00 per occurrence. Such insurance
shall be updated annually and shall be kept in force throughout the life of the proposed Agreement.
WHEREAS, Attention Benches, Inc. will provide for the Town to receive a fee equal to
approximately thirty (30) percent of the advertising rental rate for the bench installations within the
Town of Marana.
NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of
Marana, Arizona, that a License Agreement subject to review and renewal on an annual basis by the
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PWIJRDIMF-DSIlOI26199 1:04 PM
Marana, Arizona Resolution No. 99-93
Town shall be entered into between Attention Benches, Inc., and the Town of Marana for the
installation of advertisement bus-stop benches within the Town of Marana public rights-of-way.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
2nd day of November, 1999. ~O B~SUTT
Mayor ON, JR.
ATTEST:
lerk
APPROVED AS TO FORM:
Daniel J. Hochuli
As Town Attorney and not personally
PW/IRD/MF-DS/10/26/99 1:04 PM
Mararia, Arizona Resolution No. 99-93
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