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~- ~' A-2000-179 <br />INSURANCE ON t~lE <br />WOAX MAY PACCEED AGREEMENT BETWEEN THE CITY OF SANTA ANA AND <br />UNTiL INSUFAi'«,E EXPIRES ELLER MEDIA COMPANY FOR THE PROVISION FOR BUS <br />~~ ~O ~ ~~ -SHELTERS AND BUS BENCHES <br />CLC.'K OF CDUNCIL <br />C;.TE: /2' ~' vv <br />` lOv~~ / <br />L " ~iY This.Agreement (the "Agreement") is made and entered into as of this _`~ day of <br />X~~ ~/~200Q by and between the City of Santa Ana, a charter city and municipal <br />corporation duly organized and existing under the Constitution and laws of the State of <br />California, hereinafter referred to as "CITY" and Eller Media Company, a Delaware <br />corporation, hereinafter referred to as "GRANTEE". <br />WITNESSETH <br />WHEREAS, the CITY is authorized to enter into agreements for the installation, <br />operation and maintenance of bus shelters and bus benches, and otherwise regulate the <br />use and encroachments into the public-right-of--way within the city's boundaries by virtue <br />of its Charter, its police powers, by its authority over its public rights of way and by other <br />CITY powers and authority; and <br />WHEREAS, the GRANTEE has agreed to comply with the applicable regulations <br />pertaining to transit advertising services, including but not limited to applicable <br />provisions of the Santa Ana Municipal Code; and <br />WHEREAS, GRANTEE represents that it has the financial, legal and technical ability to <br />provide the services, facilities and equipment as set forth in this Agreement; and <br />WHEREAS, the terms and conditions of this Agreement are reasonable to meet the future <br />transit-related needs and interests of the community, taking into account the cost of <br />meeting such needs and interests. <br />NOW, THEREFORE, in consideration of the promises and agreements hereinafter made <br />and exchanged, the parties covenant and agree as follows: <br />1. GRANT OF RIGHTS <br />The CITY hereby grants to GRANTEE the exclusive right to place advertising bus <br />shelters and non-advertising bus benches in such numbers and at approved locations <br />throughout the City of Santa Ana, pursuant to the terms and conditions of this Agreement <br />(hereinafter the "Agreement"). <br />2. TERM OF AGREEMENT <br />This Agreement shall commence on the date set forth above, (the "Effective Date") and <br />shall continue in effect for a period of approximately ten (10) yeazs (the "Term"), and <br />