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1. SCOPE OF SERVICES
<br />During the Term of this Agreement, Company shall perform the tasks and obligations including
<br />all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
<br />complete the services described and set forth in the Scope of Services - Exhibit A, attached hereto and
<br />incorporated by reference. Company shall provide maintenance and cleaning services of all of the bus
<br />stops, bus shelters and kiosks in the City as required by the City. Collectively, all the advertising at City
<br />bus stops, bus shelters, and kiosks are called "Advertising Inventory". "Street Furniture" shall include
<br />but is not limited to bus stop shelters, kiosks, benches, trash receptacles, signs (including LED solar signs),
<br />posts, information map cases, schedule holders, outdoor advertising displays (both static and digital),
<br />secure bicycle racks, and ancillary equipment and structures. The Parties acknowledge that the Scope of
<br />Services for this Agreement shall be limited to Street Furniture located within a bus stop "Site Area" with
<br />the exception of kiosks and outdoor advertising displays (both static and digital) that may be located within
<br />and/or outside a bus stop Site Area. For purposes of this Agreement, ("Site Area") includes all area
<br />within twenty (20) feet of the outer edges of all bus stop furniture/fixtures (e.g. shelters, benches,
<br />receptacles, signs (including LED solar signs), posts, improvements, sidewalks, curbs and gutters,
<br />pavement, etc.) at each location and from right-of-way to curb face, all furniture/fixtures within the Site
<br />Area and only that area which is part of the public right of way (e.g., sidewalks and streets open to public
<br />access).
<br />2. TERM & COMMENCEMENT
<br />Company shall begin to provide services at a date to be determined by the City, which shall be no
<br />later than thirty (30) days after the date first written above ("Effective Date"). The Agreement shall
<br />commence on the Effective Date for a ten (10) year term (the "Term") with the option for the City to
<br />grant up to one (1) five (5) year renewal (the "Renewal Term"), if Company has paid the City at least
<br />$100,000 in Revenue Share above the MAG (as defined in Section 4 below) over the Term of the
<br />Agreement. The Renewal Term must be exercised in writing by the City Manager and the City Attorney,
<br />unless terminated earlier in accordance with Section 18, below.
<br />3. LICENSE
<br />The City hereby grants to Company an exclusive license for the right to enter and use the Street
<br />Furniture beginning on the Effective Date, for the performance of the Scope of Services, upon the terms
<br />and conditions set forth herein in this Agreement, subject to Company's performance of all of its
<br />obligations under this Agreement. This Agreement is intended and shall be construed only as a revocable
<br />license to use the properties and not as a lease or grant of any possessory or other interest.
<br />Company shall not use, and shall prohibit its Agents or Invitees from using, the Property other than
<br />performing the Scope of Services. The term "Agents" shall mean Company's officers, directors, members,
<br />agents, employees, invitees, subcontractors and any employees of such parties. The term "Invitees" shall
<br />mean Company's invitees, guests, customers, tenants, or business visitors.
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