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<br /> pg. 3 <br />C. Graffiti Removal. All graffiti and defacement of any type, including marks, words and <br />pictures must be removed and any necessary painting or repair completed within 24 <br />hours of the OPERATOR becoming aware of the graffiti or the CITY reporting the graffiti <br />to the OPERATOR. <br /> <br />D. Design of potential graffiti-attracting surfaces. OPERATOR shall design the Digital <br />Billboards and all associated structures visible from any public or quasi-public place in <br />such a manner to consider prevention of graffiti in accordance with the Santa Ana <br />Municipal Code section 41-638.2(b) as the same may be amended from time-to-time <br />hereafter. <br /> <br />E. Non-Operation and Removal. OPERATOR shall promptly repair the Digital Billboards in <br />the event of damage, defect or other cause so as to maintain operations in accordance <br />with this AGREEMENT. In the event that OPERATOR anticipates that a repair will <br />require more than 30 days to complete, OPERATOR shall notify City in writing of the <br />anticipated schedule and the cause of the delayed repair. <br /> <br />4. Operating Fee Rates for Billboards; Payment. <br /> <br />OPERATOR shall pay billboard operating fees to CITY as follows: <br /> <br />A. OPERATOR shall pay CITY a total annual operating fee (“Annual Operating Fee”) of no <br />less than $25,000 per face per Digital Billboard (“Digital Billboard Face”), for a total of <br />four (4) Digital Billboard Faces for the Digital Billboards, as follows: Term year one (1) <br />$100,000.00 (prorated by operating days), Term year two (2) $106,468.72, Term year <br />three (3) $113,355.95, with the he Annual Operating Fee to increase approximately six <br />point four six percent (6.46%) annually for the term of the Operating Agreement, as set <br />forth in Exhibit A, Annual Payment Schedule, hereto. <br /> <br />B. The Annual Operating Fee shall be paid in an annual installment, which shall be due on <br />January 1st following the end of the prior operating year. When the annual payment due <br />date falls on a City Holiday or City Hall Closure Day, then the reporting/remittance date <br />shall fall on the next City business day following. The Annual Operating Fee shall be <br />acknowledged and agreed by CITY to be paid timely if paid on said date. When <br />reporting/remitting is made by mail, the postmark date shall serve as proof of timely <br />reporting/remittance. <br /> <br />Fee Payment Due Date <br />First Annual Operating Fee shall be <br />prorated by operating days from <br />Commencement Date to December 31st. <br />January 1st Following Commencement <br />Date <br />Successive Annual Operating Fees January 1st Following Operating Year <br /> <br />C. The “Commencement Date” for one (1) Digital Billboard is the first date that all of the <br />following are true for that individual Digital Billboard: (i) OPERATOR has obtained all <br />development approvals necessary for the Digital Billboard, (ii) the Digital Billboard is <br />fully modified and operational and has electrical power from a permanent source, and <br />(iii) the Digital Billboard has passed the City’s and State’s (Cal Trans) final inspection. <br />The Annual Operating Fee shall be paid to CITY on January 1st following the completion <br />