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Home My WebLink About18- Rental Agreement - Downtown Bozeman Association, Inc. - Banner Rental Agreement ,-� .., )'`.. , B O Z E M A H Main Street Banner Rental Agreement THIS RENTAL AGREEMENT is made and entered on Y°V A2 20 by and between onth&Day) Downtown Bozeman Association, Inc. a Montana non-profit corporation,with its principal office located at 222 East Main Street, Bozeman,Montana herein after71c, ferred to as "DBA" and atl -1 ,// herein after (Organization Name) (Physical Address) referred to as "Lessee." Banner: Banner Dates: _ - Banner Location: RECITALS A. WHEREAS DBA is the owner of overhead signage wires which are located across portions of Main Street, Bozeman, Montana,and desires to rent the use of those wires to local nonprofit groups only. B. WHEREAS,Lessee is a nonprofit or community based group which desires to lease the use of overhead signage wires from DBA. NOW THEREFORE,the parties agree as follows: cvuwd 1. FEE. Lessee shall be required to pay to DBA a fee of$ :which is nonrefundable. Any damages accrued will be billed to the lessee. 2. TERM. Lessee must install their sign on the , 20a. If Lessee does not (Month&Day) install within three days of the date above,this Agreement is cancelled.The term of Lessee's rental shall be fourteen (14) days from the first day of the contracted rental period. 3. SIGN SPECIFICATIONS. Lessee shall be solely responsible for the design and construction of their own sign. The sign must comply with the following requirements: • Maximum weight: 75 pounds • Maximum Length 30 feet (recommended) • Minimum Length: 20 feet • Drop from Wire Length: 3 feet • Banner Material: 18 oz. Heavy Duty Scrim,or 22 oz. Blockout Vinyl. • Sewn Hems on all four corners and#2 Grommets placed 18-24"apart along banner length. • Wind pockets (recommended) • Reinforced Corners • Sewn in Webbing (into hems) with D-Rings (optional, check with installer) I Lessee shall submit the banner design to DBA ten (10) business days before the sign is constructed. DBA reserves the right to approve the design and lettering of any sign that will be displayed pursuant to this agreement. ** Note: Montana Department of Transportation (MDT) does not allow any off-site marketing or advertising on state highways. Because the banner locations are on MT Highway 191,this forbids any Lessee from including any for-profit logos, names, or branding on the banners. Non-profit organizational advertising is allowed. 4. INSURANCE. Lessee must obtain commercial general liability insurance covering the Lessee and/or the Lessee's organization for the following liabilities: public liability, general property damage, automobile public liability and property damage. The Lessee shall name the City of Bozeman and the State of Montana as additional insureds on a primary non-contributory basis. The additional insured coverage shall be in a form acceptable to the City of Bozeman and the DBA. Applicant must include the endorsement for additional insured. To the extent reasonably possible, such additional insured coverage shall be in the minimum amounts of$750,000 per claimant and$1,500,000 per occurrence. The insurance policy shall be open to inspection by DBA at all times and Lessee shall require the insurance company to give DBA ten (10) days written notice of termination, alteration or any change of any of the terms of the policy:If Lessee fails or neglects to secure this insurance or if the policy or policies are terminated, altered, or changed in any manner not acceptable to DBA,DBA may immediately cancel this Agreement without penalty and all fees paid by lessee shall be forfeited as liquidated damages. S. INDEMNITY. Lessee shall assume all risk of loss and indemnify DBA, its directors, officers,agents,and employees against all liabilities,demands,claims,suits,losses, damages,causes of action,fines or judgments including costs,attorneys fees and witness fees and the expenses incurred thereto for injuries to persons (including death) and for the loss of, damage to and destruction of property arising out of or in connection with the Agreement,unless caused by the negligence or willful misconduct of DBA,its officers,directors, agents or employees. 6. INSTALLATION/REMOVAL. Lessee shall require its installer to inspect the wires during installation to ensure that the wires and fasteners are in good condition. If the installer discovers any problems with the wires or fasteners,it shall promptly notify DBA. Lessee shall be responsible for all costs of installation by a professional installation company,which may be a utility,sign company,tree management, or other firm routinely using a"cherry picker"type of equipment and is capable of traffic management and safety. The maximum allowable installation time is two hours and the maximum allowable removal time is two hours. Lessee will be charged$50.00 per day for each day that the sign has not been removed after the end of the term of this Agreement,unless Lessee is prevented from removing the sign because of adverse weather conditions. 7. MAINTENANCE. If during the term of the Agreement the sign shall become wrapped around the wire or in any way damaged and pose a risk to public safety, Lessee is responsible for promptly correcting the banner and/or removing the banner at Lessee's expense. 8. MISCELLANEOUS. DBA reserves the right to require Lessee to remove any sign for any reason upon written or verbal notice to Lessee. If this right is exercised,the 2 Lessee's fee will be returned on a prorated basis for the days that the sign was displayed during the term of this Agreement. DBA is not liable to Lessee for any delays in the performance of this Agreement or for any incidental loss arising therefrom caused by strikes,fires,breakage,and acts of God. DBA will not enter into any rental agreement of overhead wires from November 15 through January 15 to allow for the installation and removal of downtown holiday lights. 9. ASSIGNMENT. Lessee will not assign this Agreement or any part of this Agreement without the prior written consent of DBA. IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed on the date appearing by their signature below. DBA: , Chase McMahon, Operations Manager DATE: 7 l� LESSEE: �` &e&4d n/ a / ignature) (printed name) (positi n) DATE: LESSEE PAINT OF CONTACT: Name: A del / eUI" Mailing Address: PO eOX / 3n 6P-ZM16,-2, M27 430 Email Address: ,i'Y1%Yli/2// Phone Number: M26 .582 23 22 O,- `106 57 U 9,Z37 3