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HomeMy WebLinkAbout[06d] Community Sign AGREEMENT THIS AGREEMENT, is entered into on this ___ day of _________, 2012, by and between Feneis Enterprises, Inc., 4067 Pine Point Road, Sartell, MN, 56377, (hereaft Joseph, 25 College Ave. No, , St. Joseph, MN 56374 (her Grants of Rights 1. . City, in consideration of the sum of One and No/100 ($1.00) Dollar and other good and valuable consideration received from Feneis, the receipt and sufficiency of which are hereby acknowledged, hereby gives and grants to Feneis the exclusive right to broker a Custom City Sign, (hereafte sell, rent, lease or otherwise transfer advertising rights a.k.a. Premium Sponsor Programs to the 20MM Full Color LED Display System and sponsor panels, Exhibit A attached. The location of the sign structure will be _________________________________. A Premium Sponsor Program shall consist of: (1) Electronic Message Center time allotments One 10 second allotment per minute (or two five second allotments per minute) in a slide show format per Premium Sponsor. (Total of 40 seconds per minute for four Premium Sponsors.) Premium Sponsors may also use their time allotments to promote community events or non-profit events. (2) t sponsor panel per side of display. (Total of four panels per side of display.) (3) Premium Sponsors logo would also be featured on City website with a link to their website and recognized as a Premium Sponsor of the City. (4) as a Premium Sponsor of the City. The City would have 20 seconds per minute of Electronic Message Center time allotments for their exclusive use. Brokerage Period 2. . This exclusive right to broker shall extend for a period of sixty (60) days from the date of execution of this Agreement. Termination Provision 3. . If Feneis is unable to contract Premium Sponsor Programs with four sponsors to fill the electronic message center time allotments and sponsor panels within the sixty (60) day period, this agreement shall terminate and neither party shall have any further rights or claims against the other. Satisfaction of Brokerage Requirement 4. . In the event Feneis is able to contract Premium Sponsor Programs with four sponsor to fill the electronic message center time allotments and sponsor panels at any point during the sixty (60) day period, the parties will proceed as follows: Donation a. . Feneis will donate, transfer, convey, assign and deliver unto the City, its successors and assigns, a Custom City Sign for the City for its use at the conclusion of its advertising rights described in section 4b below. Said sign structure is described as follows: (1) Description of sign structure construction and details in this section (2) Description of sign structure construction and details in this section (3) Description of sign structure construction and details in this section 1 (4) Description of sign structure construction and details in this section (5) Description of sign structures construction and details in this section Advertising Rights b. . Feneis retains the right to sell, rent, lease or otherwise transfer advertising rights a.k.a. Premium Sponsor Programs on the sign structure for a period of ten (10) years and retain the revenue therefrom. At the end of the ten (10) year period, Feneis shall retain an exclusive option for an additional two (2) year renewal period. Alternately, in lieu of exercising the two (2) year renewal option, Feneis may offer City replacement of the original displays with a newer technology displays. If City accepts said offer, this Agreement will renew for the same period and renewal as the original Agreement. Costs c. . (1) Feneis shall pay the following charges to be incurred in connection with the sign structure based on a sign structure design that is mutually acceptable to both parties: (a) All costs associated with the purchase of equipment and construction of the sign structure; (b) All costs, taxes, and expenses necessary to establish, solicit and maintain the electronic message center time allotments and sponsor panels on said sign structure. (c) Production of five initial s electronic message center time allotments per sponsor. (2) City shall pay the following charges to be incurred in connection with the sign structure: (a) Insurance coverage for the sign structure in the amount of $120,000 initially, and adjusted by the CPI for every year thereafter. (b) Maintenance and repair of the brick pier supports and top metal roof portion of sign structure. (c) All electrical bills incurred by the City as a result of the signs, including the providing of a primary power supply to the base of the signs and the making of the final electrical hook- up. (d) Provide to the base of displays the installation of a connection for communication and programming purposes and pay all bills related to displays use. (e) electronic message center time allotments s electronic message center time allotments. allotments will be provided by Feneis to the City to be included (f) Landscaping around sign structure. 2 Warranties d. . (1) Both parties warrant and represent to each other that they have full power and authority to enter into Agreement. (2) City warrants and represent that: (a) The establishment, use and operation of the sign structure now is in full compliance with applicable building codes, environmental, zoning and land use laws and other local, state and federal laws and regulations. (b) Access will be givectronic message center time allotments to only non- profit entities requesting participation and meeting predetermined criteria established by the City. (c) No display or attachment of a banner to the sign structure will be allowed. (d) In addition, the City agrees that the display provides a public service. In its review of permits requested for the construction of structures, the City will not allow planting of of the sign structure. (3) Feneis warrants and represents that it will have title to the sign structure free and clear of all title defects, liens, encumbrances, and security interests of any kind, nature, or description to the sign structure hereby assigned, transferred, conveyed, and delivered and that it will take all steps reasonably necessary to put City in actual possession and operating control of said sign structure. Approval of Electronic Message Center Time Allotments and Sponsor Panel Copy e. . The City shall have the final approval of all Premium Sponsors, if requested, including the copy which will be used on the display. Such approval shall not be unreasonably withheld. Access to Property 5. . Feneis authorizes City and its agents to enter upon the property on which the sign structure will be placed for the purpose of making measurements, surveys, and such other similar investigations, including the initial installation and ongoing maintenance of the landscaping and the general maintenance and upkeep of the sign structure. In addition, City authorizes Feneis and its agents to enter upon the property and any adjoining property as is necessary to conduct such maintenance activities. Waiver 6. Failure of the parties to this Agreement to enforce any right hereunder shall not be deemed a waiver of such right. No covenant, condition or provision of this Agreement can be waived except by the written consent of the parties, any such waiver in one instance shall not constitute a waiver of subsequent defaults or provisions. Notice 7. All notices to be given under this Agreement shall be in writing and mailed to the other party at the address provided above, or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be effective when deposited in a U.S. mail depository duly addressed and with postage prepaid. Captions 8. The captions in this Agreement are for convenience of reference and shall not define or amend any of the terms or provisions hereof. 3 Governing Law 9. This Agreement will be governed in all respects, including validity, interpretation and enforcement by the laws of the State of Minnesota. Entire Agreement; Amendments 10. . This Agreement constitutes the entire agreement between the parties, and no other agreement prior to or contemporaneous with this agreement shall be effective except as expressly set forth or incorporated herein. Any purported amendment hereto shall not be effective unless it shall be set forth in writing and executed by both parties hereto, or their respective successors or assigns. Assignments 11. . The terms of this agreement shall be binding upon the executors, administrators, heirs, successors, and assigns of the parties. Neither Feneis nor City shall have the right to assign their interest in this agreement to any other third party without prior written approval of both Feneis and City. Such approval shall not be unreasonably withheld. CITY OF ST. JOSEPH: FENEIS ENTERPRISES, INC.: By: By: Its: Its: Date: Date: 4 Cus © How to Effectively Communicate with the Residents in your City Our Company has a Business Plan for your City to acquire a ©U UCDI. g[Icff QU@a on a revenue neutral basis 16'-0" I — 1i ROUTED ALUMINUM 4'-0" �how FACE PUSH-THRU GRAPICS • ' Focal Point st.Joseph 4 ;..: . AREA CHAMBER Of COMMERCE WHITE FACES w! -_- 4'-0" D E C O R a r e ry G DIGITALLY PRINTED • COLLEGE OF VINYL GRAPHICS i Thing ©Saint Benedict • 4"REVEALS '' 41111.0 , RUN _BIKE— RUN ELECTRONIC 7-0 MESSAGE MAY ' 1T1H ' CENTER _ & 26TH-- - I , STONE BASE "We live in a digital age. Digital LED displays are a cost-effective, safe, time efficient and powerful form of communication." FENEI5 ENTERPRISES. INC_ SIGN DEVELOPMENT AND CONSULTINH • • Electronic Meage Centers; • • : A sign with MOTION is 4 times more effective • • • • • • than a STATIC sign • • • • •• REVERSED CHAN▪NEL LETTERS-HALO-LIT STRAIGHT-LINED FINISH 14-0 COMMUNICATE: • City Events Ta, rr 4"REVEAL • Sports Events ELECTRONIC MESSAGE ,,-D.. CENTER • Emergency Messages • AMBER Alerts LFocal Point st.ioseph d WHITE FACES w/ o E c o R A T I M c 'Saint en DIGITALLY NYLG PRINTED Road Closures & Detours COLLEGE of VINYL GRAPHICS • �'------_ icing 'Saint Benedict 4-REVEAL • Time & Temp !IL • Severe Weather Warnings 3T 1 r� -- - ----- 16'-0" STONE BASE Advantages for Residents REVERSED CHANNEL SQUARE and Visitors of your City: BEILATTCE LETTERS-HALO-LIT '... 1RE LEXAN FACE 20-0' — ---HIND LATTICE 18" _-.. __ 14-0 --___.. _. -18".. UTE LEDs• Greatest Way to Reach a Large Audience in a Few -SSAGE" M XE14' E r 0' Seconds MENTION MA '251111 "‘P 4/. • Creates an Impressive 12-6' +. t• Joseph 20 "Welcome" to the City W jii § P 25-0" 8-0' 'Focal Point St.Jo ECOP�TIN4 Features Local Business , 4 • Vim VSainiBenedict Sponsors • Promotes the City with Eye Catching Technology • Acts as the "Community ACCESS PANELS FOR EMC COMPONENTS INSIDE OF CENTER COLUMN Message Board" S CUSTOM CITY SIGNS How to Effectively Communicate with the Residents in your City WHAT WE DO: • Work with key team members from your City staff to implement a revenue neutral business plan that includes an outline for construction, on-going r maintenance and cash flow for your Provide complete construction and sales management through project completion elp you locate the most effective location for your • ," Work to design and customize a sign to capture the personality of your city • Help you analyze the latest technology options and vendors available for your new electronic message center • Prepare and make presentations to potential Premium Sponsors to be featured Follow construction process to completion for your HOW IT WORKS: • City has complete control of every aspect of the project as defined in the Management Agreement • Manager receives a set fee based on the final project costs that the city approves • City has final approval of design, artwork, sponsors and vendors used on project • We handle all the details and keep you in the loop during the process. FENE15 ENTERPRISES. INC. STAN DEVELOPMENT AND CONSULTING ..._.....,._ ,, z Cus © , ' S I G N S How to Effectively Communicate with the Residents in your City 15'-0" 14'-0"gli deClgej , I I / REVERSED CHANNEL _ STRAIGHT-LINED FINISH 5'-6° I FLOOD LIGHT TOP PORTION OF SIGN 14 L f • I/` . , • � ! / i �, ■■2111■ i - 9® } ® ELECTRONIC 7-0 MESSAGE CENTER Focal Point St.Joseph 4 WHITE FACES w/ D E C O R A T I N G AREA OUMBE0.o(COMMERCE DIGITALLY PRINTED VINYL GRAPHICS 4'-0" COLLEGE OF Thing ©Saint Benedict r Tel 6'-0' r } STONE COLUMNS ',�i ' 36" 36" FENEIS ENTERPRISES , INC . SIGN DEVELOPMENT ANO CONSULTING CONTACT INFORMATION: RICH FENEIS 320-260-4040 RFENEIS @CLEARWIRE.NET