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ENCROACHMENT AGREEMENT
PLACEMENT OF PUBLIC BENCHES
THIS AGREEMENT, is made between the City of Muskegon, 933 Terrace Street,
Muskegon, Michigan ("City") and Gus Benches Advertising LLC, 1439 W. Sherman Blvd, Ste
1, Roosevelt Park, MI 49441.
1. PLACEMENT OF BENCHES AND ENCROACHMENTS IN THE CITY.
The City agrees that Gus Benches Adve1tising LLC may place its comf01t resting benches
containing advertising material at the locations of f01iy (40) benches as set forth in the attached
Schedule A. The City Manager may at his discretion authorize additional locations within the
timeframe of this agreement. The benches shall be placed on private property with permission of
the property owner, except that they may encroach onto the public sidewalk or public way. The
parties agree and recognize that all of the locations involve placements upon private prope1ty,
and that this agreement and list do not apply to or allow the placement of said benches by Gus
Benches Advertising LLC on public parks or on public property except to the extent of the
encroachment.
2. CONSIDERATIONS FOR ALLOWANCE OF ENCROACHMENT AND
AUTHORIZATION. The City's authorization and allowance of encroachment for the benches
at the said locatiops shall be compensated by a payment to the City in advance of $6.00 per
month of part thereof for each bench.. ·
3. · · CONDITIONS AND COMMITMENTS OF GUS BENCHES ADVERTISING
LLC
. 3.1 Gus Benches Advertising LLC agrees that it shall not place benches
encroaching or located on public property or rights of way at any other location in the City
except those authorized by this contract. The City has the right to immediately remove any bench
if it is found to be dangerous, impedes traffic, needed construction, repairs, etc. in the area. The
City agrees to inform Gus Benches Advertising LLC when benches are removed by the City.
3.2 Gus Benches Adve1tising LLC wa1nnts and guarantees to the City that
it has full pe1mission and authority of all private prope1ty owners or occupiers to place its
benches on the private properties set forth herein.
3.3 Gus Benches Advertising LLC agrees that the adve1tising placed upon
the benches shall be for the purpose of adve1tising commercial, industrial or public service
activities, and no adve1tising shall involve or encourage the use of illegal or controlled
substances or material in aid of the use of same, nor shall they display obscene or offensive
materials. Gus Benches LLC agrees that the City Commission shall have the right of final
determination on whether any advertising shall be excluded or allowed on the said benches in the
event of a dispute.
3 .4 Benches shall be safely constructed designed to support at least
twice the maximum weight anticipated to be placed upon them. The benches shall not exceed the
dimensions of24 inches in height and 96 inches in length.
3.5 Gus Benches Advertising LLC shall keep the benches safein
condition and repair and shall be inspected at least twice every twelve months. An annual
certification shall be forwarded to the Clerk stating the date of the inspection and any necessary
repairs if needed. Any bench damaged shall be repaired or removed within 24 hours-notice by
Gus Benches LLC. In the event of failure to remove a damaged bench the City may remove and
dispose of the bench.
3.6 Gus Benches Advertising LLC shall insure the benches with public
liability insurance written by companies authorized to do business in the State of Michigan> and
shall cause the said insurance to name the City of Muskegon as an additional insured. The
certificates or policies shall contain the provis_ion that the City of Muskegon shall be given
written notice at least 30 days before any cancellation or reduction of coverage for any reason.
Minimum insurance liability limit shall be $2,000,000.00.
4. INDEMNITY, Gus Benches Advertising LLC agrees to indemnify and hold
harmless the City of Muskegon from any and all claims and demands for damages or expenses ·
arising out of the placement or the condition of the benches in the City. Said obligation shall
include the payment of all costs, expenses, attomey fees, costs of preparation, consultant, expert
or laboratory fees, and any othei• expense in connection with any such claim, as well as the
payment of all damages found to exist against the City, in whatever amount.
5. TERM. This agreement shall continue in effect for a period of five (5) years from
its effective date. At the end of the term the said benches shall be removed by Gus Benches LLC.
If Gus Benches LLC fails to remove same, the City may remove them and dispose of them in its
discretion and invoice Gus Benches Adve1tising LLC.
6. TERMINATION FOR CAUSE. In the event Gus Benches Advertising LLC
violates any condition or unde1taking set forth in this agreement, the City may terminate or
partially terminate this agreement, in regards to some or all of the benches 'placed in the City,
upon 30 days notice of the violation given to Gus Benches LLC at its address above. In the event
the breach or violation is cured within. the said 3 0 days to the City's satisfaction, the City will
rescind its revocation or te1mination.
7. NON-WAIVER. In the event any breach or violation of this agreement occurs
and the City takes no action, the said failure to talce action shall have no effect on subsequent
breaches or violations of this agreement and all remedies therefore are preserved. ·
8. NO TBIRD PARTY BENEFICIAREY. This agreement shall benefit only the
parties to this agreement, and not any third party.
9. BENEFIT. This agreement shall be binding upon and inure to the benefit of the
respective pa1ties, their successors and personal representatives.
cs I
JO. -EFFECTIVE DATE. This agreement shall be effective on
- ~ c> I ; __ "i .
7
WITNESSES: CITY OF MUSKEGON
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Ann Marie Meisch, its Clerk
.
GUS BENCHES ADVERTISING LLC
Schedule A
1. S.E. Western/Division
2. N.E. Hackley/Rosewood
3. S.E. Barclay/Young
4. N.W. Laketon/Barclay
5. S.E. Laketon/Barclay
6. N .E. Laketon/Remy
7. S.W. Laketon/Wood
8. S .E. Sherman/Barclay
9. S .E. Laketon/Getty
10.N.W. Laketon/Getty
11. N.W. Getty/Nims
12. N.W. Getty/Catherine
13. S.W. Getty/Apple
14.N:W. Getty/Allen
15.N.E. Apple/Jay
16. N.E. Barclay/Sherman
17. S.W. Laketon/5th
18. S.E. Getty/Ada
· 19.N.E. Apple/Creston
20.S.W. Western/Division--,
21.N.E. Laketon/Jarman
22. S. W. Laketon/Getty
23.N.E. Apple/Wood
24. N.E. Laketon/Peck
25. S.W. Laketon/Peck
26. S.W. Henry/Laketon
27. S.E. Getty/Allen
28. S.E. Laketon/Wood
29. N.E. Getty/Louis
30. S.W. Laketon/Port City
31.N.E. Laketon/Wood
32. S.E. Hartford/Terrace
3 3. N .E. Quarterline/Marquette
34. S.W. Laketon/Robe1ts
35. S.W. Laketon/Madison
36. S.W. Apple/Creston
3 7. N.E. Laketon/Elwood
3 8. S .E. Marquette/Quarterline
39.N.E. Getty/Nims
40.N.E. Laketon/~ th
41. S. W. Barclay/Royale Glen
42. N. E. Sherman/Sun Dolphin
43. S.W. Apple/Wood