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Last modified
1/24/2024 9:29:25 AM
Creation date
1/24/2024 9:25:26 AM
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Contracts
Company Name
SIGN CO, LP
Contract #
N-2024-039
Agency
Planning & Building
Expiration Date
12/31/2044
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AGREEMENT, without charge for advertising space (the "Free Advertising Space"). The <br />foregoing obligation of OPERATOR to provide Free Advertising Space to City for Civic <br />Promotions shall be and remain in effect only during those periods OPERATOR is <br />operating the Digital Billboard with electronic/digital technology. In the event OPERATOR <br />removes or is unable to operate the Digital Billboard for any reason, OPERATOR'S <br />obligation to provide Free Advertising Apace to City for any reason shall be suspended for <br />the period of time it is not operating the Digital Billboard. <br />ii. Process for City Requests to Utilize Advertising Space for Civic Promotions. City shall <br />be responsible for providing OPERATOR with its Civic Promotions, which may be updated <br />by City at any time, and for any costs associated with providing OPERATOR with <br />associated artwork in acceptable format. City shall notify Operator at least thirty (30) days <br />before the proposed display date of a Civic Promotion. City must submit "camera ready <br />art" utilizing formats and protocols acceptable to OPERATOR. All copy shall be submitted <br />to OPERATOR at least ten (10) business days in advance. <br />III. Limitations on City. City shall not charge for, or exchange goods or services for, any <br />advertising space on the Digital Billboard provided by OPERATOR to City pursuant to this <br />AGREEMENT; provided, however, that this limitation shall not be construed to prevent <br />City from entering into agreements to promote properties within the City in conjunction <br />with its tourism promotion activities, so long as City does not sell advertising for profit. In <br />addition, it is expressly understood and agreed that Civic Promotions may not include any <br />names, logos, marks, products, or services associated with any commercial entity, any <br />campaign for public office in the City, or any third party non -governmental person or entity <br />that is not located in, sponsored by or affiliated with the City. The forgoing limitation shall <br />not be construed to prohibit the display of names, logos, or marks of organizations <br />associated with City events or activities. <br />B. Public Safety Announcements. OPERATOR shall utilize the advertising space on the <br />Digital Billboard for regional emergency announcements and alerts, including but not <br />limited to Amber Alerts and "wanted" criminal postings from law enforcement, without <br />charge, as reasonably requested by the City of Santa Ana, in accordance with applicable <br />local, regional, and/or state protocols within the parameters as uncontracted space <br />available allows. <br />C. Unacceptable Content. OPERATOR agrees not to utilize the Digital Billboard to advertise <br />tobacco products, adult entertainment businesses, as defined in the Santa Ana Municipal <br />Code, conferences/conventions for any of the foregoing prohibited uses, sexually explicit <br />messages, or any violent, hate, or other obscene messaging. <br />8. Term. <br />This AGREEMENT shall continue in full force and effect for a twenty (20) year period <br />commencing on the Commencement Date ("Term"). OPERATOR may notify City up to <br />twelve months prior to the expiration date of this AGREEMENT of its desire to extend the term <br />of this AGREEMENT, and City and OPERATOR shall enter into negotiations and may agree <br />to extend the term of this AGREEMENT pursuant to a mutual ;agreement in writing upon terms <br />acceptable to both parties. Following termination or expiration of this AGREEMENT and <br />provided no extension of this AGREEMENT is agreed to, within one hundred eighty (180) <br />days after the date of the termination or expiration of this AGREEMENT, OPERATOR shall, <br />
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