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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 3
<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 1
<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.
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<br /> Company shall not use,and shall prohibit its Agents or Invitees from using,the Property other than 1
<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.
<br /> City Council 24 — 94 1/18/2022
<br /> Page 2 of 27
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