R2006-102 06-26-06
RESOLUTION NO. R2006-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH NATIONAL SIGN PLAZAS, INC. FOR
THE DEVELOPMENT AND ADMINISTRATION OF A COMPREHENSIVE
BUILDER SIGN PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for the development and administration of a
comprehensive builder sign program, a copy of which is attached hereto as Exhibit "A" and
made a part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract for the development and administration of a
comprehensive builder sign program.
PASSED, APPROVED and ADOPTED this the 26th day of June, A.D., 2006.
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TO~D
MAYOR
ATTEST:
C
APPROVED AS TO FORM:
~ /1.~
DA RIN M. COKER
CITY ATTORNEY
Page 1 of 16
AGREEMENT FOR SERVICES
This Agreement ("Agreement") is entered into by and between the CITY OF
PEARLAND ("City") and NA TlONAL SIGN PLAZAS, INC., a California corporation
("Contractor") (collectively, the "Parties"). For the terms of this contract, the language
Kiosk and Plaza shall be interchangeable and refer to the same product.
WHEREAS, the Unified Development Code, Division 5 Section 4.2.5.3 (b)(5)d,
allows City to develop a comprehensive Sign Program within the City and portions of its
extra territorial jurisdiction (" ET J") and,
WHEREAS, City desires to initiate a Sign Plaza Program to give direction to
subdivisions, developers and homebuilders within the City as well as municipal locations,
and to contract for the installation and maintenance of the Sign Plazas and sign panels;
and
WHERAS, Contractor represents that it is a California corporation authorized to
do business in the State of Texas; and
WHEREAS, Contractor desires to install Sign Plazas as described more fully in
this Agreement; and
WHEREAS, Contractor desires to maintain the Sign Plazas after their installation
and to lease space on the Sign Plazas to developers and homebuilders and to bill and
collect fees from the developers and homebuilders for itself and for the City; and,
WHEREAS, Contractor submitted a proposal to address the City's needs.
NOW, THEREFORE in consideration of these recitals and other good and
valuable consideration, the value and receipt of which is acknowledged, City and
Contractor agree as follows:
1. Recitals. The Recitals above are hereby incorporated into this Agreement by
reference.
2. Contract Documents. The Contract Documents, which set forth the entire
Agreement of the Parties, are named below. In the event of a conflict between the
terms of two or more documents, they shan take priority in the order set forth
below:
A. All applicable laws and regulations of the CITY OF PEARLAND, and the
STATE OF TEXAS.
B. This Agreement.
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 2 of 16
C. Request for Written Qualification and Proposals ("Exhibit C").
Each party shall comply with all of the terms, conditions and specifications contained in
the Contract Documents.
1. Scope of Work. Contractor shall perform the work set forth In the Contract
Documents. In general, this work shall consist of the following:
In administrating the Sign Plaza Program, the Contractor will:
A. Construct, install, maintain and repair approved homebuilder, developer
and municipal Sign Plazas and sign panels as more accurately described
herein.
B. Contract with developers and homebuilders for the lease of sign panels.
C. Assist City in determining appropriate locations for Sign Plazas for new
and existing locations, however said locations shall be determined at the
sole discretion of City.
D. Assist City with identifying and abating all illegal off-premise signage.
E. Attend meetings as necessary with City staff and developers to coordinate
projects and locations.
F. Collect all lease payments and remit to City, on a quarterly basis, an
administrative fee as specified in Section 4.B of this document.
2. Definition, Purpose of Sign Plaza Programs and Specifications of Sign Plazas.
A. Definition. For the purposes of this Agreement, a Sign Plaza is a structure
placed in the City or portions of its Extra Territorial Jurisdiction for the
purpose of displaying directional sign panels. The specifications of the
Sign Plaza and sign panels are more fully developed in these Contract
Documents and Exhibit A attached hereto.
B. Purpose of Sign Plazas. The purpose of the Sign Plaza is to provide
directional information regarding the location of subdivisions, housing
developments, homebuilders and public facilities within the CITY OF
PEARLAND, TX while discouraging the placement of unsightly,
hazardous and illegal off-site directional signs.
C. Specifications of Sign Plazas and Sign Panels. Contractor agrees to
manufacture and install Sign Plaza structures and sign panels in
accordance with the specifications in these Contract Documents and the
specifications of the City's Request for Proposal/Qualification as follows:
1. Primary Sign Plazas shall not exceed twelve (12) feet above
average grade nor shall Primary Sign Plazas be more then sixty
(60) inches in width. Structures shall be more completely
described in Exhibit A.
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 3 of 16
2. Primary Sign Plazas shall be constructed and installed to allow
a minimum of twenty four (24) inches at the top of each Plaza
for a City topper panel identifying the City logo and any other
information the City wishes to incorporate. Contractor will
submit design plans to the City and the Topper design shall be
approved prior to any Plaza installation. Contractor shall incur
all of the fees associated with the design and creation of City
Topper panels.
3. Community Sign Plazas shall not exceed eight (8) feet above
average grade nor shall Community Sign Plazas be more then
forty eight (48) inches in width. Structures shall be more
completely described in Exhibit A.
4. Community Sign Plazas shall be constructed and installed to
allow a minimum of twenty four (24) inches at the top of each
Plaza for a City topper panel identifying the City logo and any
other information the City wishes to incorporate. Contractor
will submit design plans to the City and the Topper design
shall be approved prior to any Plaza installation. Contractor
shall incur all of the fees associated with the design and
creation of City Topper panels.
5. Neighborhood Sign Plazas shall not exceed six (6) feet above
average grade nor shall Neighborhood Sign Plazas be more
then forty two (42) inches in width. Structures shall be more
completely described in Exhibit A.
6. Neighborhood Sign Plazas shall be constructed and installed to
allow a minimum of eighteen (18) inches at the top of each
Plaza for a City topper panel identifying the City logo and any
other information the City wishes to incorporate. Contractor
will submit design plans to the City and the Topper design
shall be approved prior to any Plaza installation. Contractor
shall incur all of the fees associated with the design and
creation of City Topper panels.
7. Municipal Sign Plazas shall be designed to the specifications
and desires of the City.
8. The City Topper panel will be prominently displayed at the top
of any Sign Plaza within the jurisdictional limits of the City
and shall be visible on any side of a Sign Plaza which displays
directional sign panels.
9. Community Sign Plazas shall be constructed and installed to
allow a minimum of twenty four (24) inches of clearance at the
bottom of each location for the installation of City directional
panels. City directional panels shall be awarded to the City at
no cost and on a space available basis.
10. Sign Plazas shall be constructed of steel and/or aluminum and
shall be capable of displaying up to ten (10) sign panels, each
panel with a minimum height often (10) inches or five (5) sign
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 4 of 16
panels, each panel with a mllllmum height of eighteen (18)
inches. Sign Panels will be double-sided, if determined by the
City to be necessary; however sign Plazas must contain all
single-sided or double-sided sign panels. Under no
circumstances shall a Sign Plaza contain both single-sided and
double-sided sign panels. The backside of the non-double-
sided sign panels shall be BLACK.
11. The color of all Sign Plaza Structures shall be determined by
the City. Contractor will provide for different colors within the
Plaza design submissions and the final design of each plaza
shall be incorporated herein.
12. The Contractor shall submit tinal design plans to the City for
approval prior to installation of any Sign Plaza; approval of the
design shall be in the sole discretion of the City.
13. No additions, tag sign streamers, attention-getting devices or
other appurtenances shall be attached to any Sign Plaza or sign
panel.
14. Sign Plaza locations shall be approved and designated by the
City with the assistance of the Contractor.
15. At the City's request and direction, the Contractor shall remove
and relocate any Sign Plazas within fifteen (15) days of the
receipt of written notice at no cost to the City.
16. Contractor shall provide, at no cost to the City, the equivalent
of not less then ten percent (10%) of all permitted Sign Panels
to the City for use as directional signage to municipal or
community service facilities or locations. Said sign panels
shall be provided on a space available basis, and shall not be
secondary to sign panels to be displayed for developers,
homebuilders, and residential communities. Municipal sign
panels shall be installed with no more than two (2) such sign
panels per plaza. Should the City require more than two (2)
sign panels at any location, Contractor shall provide the City
with a Sign Plaza designated for municipal purposes. Upon the
City's request, Contractor shall install the municipal signage on
Sign Plazas that are separate from the residential Sign Plazas.
Municipal Sign Plazas installed in accordance with this section
will be provided at no cost to the City and said Sign Plazas will
not count toward the Sign Plaza Requirement referenced in
Section 3 of this Agreement.
17. Contractor shall provide to the City a semi-annual inventory
report of existing installed Sign Plazas and sign panels. This
report shall include a summary of all administrative fees
collected and submitted or planned for submission to the City.
18. Sign panels shall contain only the name of a residential
community, subdivision, homebuilder, public facility, City
logo, the builder or developer's name and/or logo, the builder
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 5 of 16
or developer's recognized color scheme, and directional
information or the name of the builder/developer and logo and
an appropriate directional arrow. Directional arrows will be of
a uniform size; a line of text at the bottom of each sign panel
with directional information is permissible if circumstances
warrant it. Fluorescent colors are not allowed. Reflective colors
and text are permissible with prior City approval. Unless so
authorized by the City, the sign panels shall not appear to
replicate the commonly accepted color schemes of motorist
SIgns.
19. Contractor shall, at his own cost, maintain, repair, replace and
repaint each sign panel as necessary or deemed necessary by
the City. Upon notice by the City, Contractor agrees to
undertake necessary repairs or replacement of any sign panel
within seventy-two (72) hours of receipt of notice.
20. Contractor shall not install or maintain any Sign Plazas or sign
panels within the City or portions of its ETJ, which are not in
compliance with the terms of this Agreement.
21. Sign Panels shall be constructed on Alpolic 360 or comparable
material. The panels shall be vinyl coated and digitally printed
on a material comparable to 3M Engineering Grade Retro-
reflective. Each panel shall have no less then a three (3) year
warranty on color and construction.
22. Individual sign panels on the Primary Structures shall not
exceed sixty (60) inches in horizontal length by eighteen (18)
inches in height. Individual sign panels on the Community
Structures shall not exceed forty eight (48) inches in horizontal
length by eighteen (18) inches in height. Individual sign panels
on the Neighborhood Structures shall not exceed forty two (42)
inches in horizontal length by twelve (12) inches in height.
Dimensions of the individual sign panels on the Municipal or
City Structures shall be determined by the City.
23. Contractor shall work with the City to create, design and install
a Plaza Program that is of the City's choosing. This process
will take precedence over Contractor's other work within the
City and no Sign Plaza shall be created to specifications other
than those approved by the City. In order to better serve the
City and expedite the design process, Contractor shall not
subcontract the creation of the design of the Plazas.
3. Number of Sign Plaza Structures. The City in its sole discretion shall determine
the number and location of Sign Plazas ("Sign Plaza Requirement"). The initial
Sign Plaza Requirement shall be forty (40) Sign Plazas, however the Sign Plaza
Requirement shall be reviewed annually by City and Contractor, and adjusted up
or down by the City based on the City's need for Sign Plazas. The City shall agree
to allow the signage to direct homebuyers to each new housing community. Said
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 6 of 16
signage shall be defined as one (1) Sign Plaza at each location where home buyers
require information regarding a change of direction and likewise where
homebuyers would need reassurance to continue in a certain direction. One or
more structures, located at least three hundred (300) feet apart, shall be allowed to
accommodate directional sign panels. Contractor may submit to City at any time
during the term of the Agreement subsequent requests for the timely approval of
additional Sign Plaza locations, as may be expressed by homebuilders,
developers, and residential communities over time. Contractor will work in his
best efforts to accommodate all of the homebuilders and developers within the
City on a minimal number of Sign Plazas.
4. Price and Payment Schedule for the Purchase of the Sign Plazas and Sign
Panels. Subject to the provisions in Paragraph 6 below, the price and payment
schedule for Sign Plazas shall be as follows:
A. Contractor shall install the Sign Plazas and rotate City panels at no cost to
the City.
B. Contractor will remit to the City, an amount of fifteen thousand dollars
($15,000.00) as an Administrative Fee for the first year ofthis Agreement.
Contractor shall install a number of Sign Plazas that is equal to fifty
percent (50%) of the Sign Plaza Requirement during the first six (6)
months of this Agreement. Said Administrative Fee shall be increased by
an additional fifteen thousand dollars ($15,000.00) for the second year of
this Agreement, taking affect on the anniversary of this Agreement. The
Administrative Fee for each subsequent year shall be a base administrative
fee of thirty thousand dollars ($30,000.00) plus an additional one thousand
dollars ($1,000.00) for every additional Primary or Community Sign Plaza
installed beyond the first twenty-five (25) Sign Plazas installed
("Additional Fee"). For example, if Contractor installs twenty-eight (28)
Sign Plazas by the end of year three (3) of this Agreement, the
administrative fee would total thirty-three thousand dollars ($33,000.00).
The Additional Fees shall be remitted quarterly and shall be remitted no
later then sixty (60) days from the end of each fiscal quarter. Fiscal
quarters will be based on the Contractor's fiscal cycle, beginning October
1 and ending September 30.
5. Term of Agreement and Termination of Agreement
A. Term. The term of this Agreement is five (5) years.
B. Renewal. At the end of the initial five (5) year term, this contract will
automatically terminate unless both parties mutually agree in writing, at
least sixty (60) days prior to the end of the initial term, to extend this
Agreement for an additional five (5) year term.
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 7 of 16
C. Termination. This Agreement may be not be terminated by either party,
except for breach as otherwise provided for in this Agreement:
1. Termination for Cause. If the Contractor breaches and fails to
remedy said breach as provided for in this Agreement, the City
may terminate this contract. In the event of termination under
this section, City shall have the option of requiring the
Contractor to remove the Sign Plazas within thirty (30) business
days after receiving a written notice of termination from the City,
or the City may retain the previously installed Plazas. Sign
Plazas purchased by Contractor. but that have not previously
been installed shall remain the property of the Contractor.
Contractor shall maintain a performance bond, naming the City
as an additional beneficiary and equal to ten thousand dollars
($10,000.00), to ensure removal of the Sign Plazas in the event
City chooses to require Contractor to remove the Sign Plazas in
accordance with this section.
2. Termination for Convenience. If the City wishes to terminate
this Agreement without cause, the City must provide Contractor
notice no less the thirty (30) business days prior to its affect. The
City will be responsible for those items and/or services which
Contractor has delivered and/or provided the City. The City will
reimburse Contractor for labor, materials, costs of goods
purchased for the City (Need stranded costs shown on Exhibit
"B"), plus a profit of eight percent (8%). Contractor will not be
required to transfer that information related to the placement of
the sign panels to the City, including, but not limited to. the
original sign service documents, an accounting of all open
accounts, or any other relevant documents.
3. Termination by Contractor. The Contractor may, upon thirty
(30) days notice to the City, terminate this agreement. In the
event of termination under this section, City shall have the option
of requiring the Contractor to remove the Sign Plazas within
thirty (30) business days after receiving written notice of
termination. or the City may retain the previously installed
Plazas. If the City chooses to retain the Sign Plazas, all sign
panels and receivables from the placement of the sign panels
shall become the property of the City. Further, Contractor agrees
to promptly transfer all information related to the placement of
the sign panels to the City, including, but not limited to. the
original sign service documents. an accounting of all open
accounts, and all other relevant documents. After the transfer of
all information, this Agreement shall be of no further effect.
Contractor shall maintain a performance bond. naming the City
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 8 of 16
as an additional beneficiary and equal to ten thousand dollars
($10,000.00), to ensure removal of the Sign Plazas in the event
City chooses to require Contractor to remove the Sign Plazas in
accordance with this section.
6. Placement of Sign Panels. After the City's written approval and acceptance of the
installed Sign Plazas, the City agrees to extend to Contractor an exclusive right to
use the Sign Plazas for sign panel placements and to maintain the Sign Plazas and
sign panels subject to the terms of this Agreement.
A. Contractor agrees to offer and place sign panels for homebuilders,
developers and residential communities. Contractor further agrees
to use Contractor's best efforts to place all available sign panels on
the minimum number of Plaza locations required to create
complete participation.
B. Contractor agrees that the placement fees for the sign panels will
be set at a market rate. Contractor shall be allowed an annual cost
of living increase for said fees, but at no time during the term of
this Agreement shall Contractor be allowed an annual increase in
excess of three and one-half percent (3.5%) without prior approval
of the City Council. Contractor shall provide the City with no less
than thirty (30) days written notice prior to the adoption of any
pnce Increase.
C. Contractor agrees to maintain all aspects of the placement of the
sign panels, including entering into sign placement service
agreements, billing, collecting fees, and paying any applicable
taxes and fees to both City and the State of Texas.
D. Contractor will remit to the City on a quarterly basis the amount of
the City's Administrative Fee as specified in Section 4.8 of this
document.
E. Contractor agrees to provide a quarterly report to the City
pertaining to the number of sign panels installed within the City,
the amount billed and the remittance of the City's Administrative
Fees.
F. Contractor agrees that in no event will the City be liable for any
fee payment or other fees related to the placement of the sign
panels.
G. Contractor agrees to include in all sign service agreements an
assignment clause which will assign Contractor's rights to fee
payment to the City in the event Contractor elects to terminate this
Agreement pursuant to Paragraph 5.C.3 above.
H. Homebuilders, developers, and residential communities with sites
located within the jurisdictional boundaries of the City or portions
of its ETJ shall at all times be allowed to participate in the Sign
Plaza program.
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 9 of 16
1. City and Contractor agree that no sign panels other than those
manufactured and installed by Contractor shall be allowed on the
Sign Plaza Structures.
7. Maintenance of Sign Plazas:
A. Contractor agrees to maintain the Sign Plazas and sign panels for
the term of this Agreement.
B. Contractor agrees to replace damaged Sign Plazas and sign panels,
as it or the City deems necessary or as provided for in this
Agreement.
C. Contractor agrees to provide to the City a telephone number and a
local contact person allowing the City to contact the Contractor
requesting maintenance on the Sign Plazas or sign panels 24 hours
a day, seven days a week.
D. Contractor agrees to repair all Sign Plazas within five (5) business
days of the receipt of the City's written request for repair.
Contractor further agrees to remove for repair all sign panels
within seventy-two (72) hours of written notification of the need of
repair by the City. Sign panels shall be replaced within five (5)
business days of the written notification.
E. Contractor agrees to maintain a regular maintenance schedule to
check each Sign Plaza and sign panels for all necessary repairs and
to complete those repairs promptly. Contractor shall be responsible
for the grounds maintenance, which shall incl ude but not be
limited to mowing or weed removal, in the area immediately
surrounding the Sign Plazas to maintain full visibility and to
prevent the view of the Sign Plazas from being obstructed by high
weeds or grass. The immediate area surrounding the Sign Plazas
shall be defined as the ground area which is encompassed within a
four foot (4') radius from the base of each Sign Plaza.
F. Contractor agrees to maintain all Sign Plazas and sign panels in
conformity with all terms of this Agreement.
8. Indemnification. To the fullest extent permitted by law, Contractor agrees to
indemnify, defend, and hold harmless the City, its officials, officers, otlicers,
agents, and employees for, from and against: a) liability for damages resulting
from injury, death, property damage, and economic loss suffered by any person as
a result of the negligent or willful act or omission of the Contractor or the
Contractor's officer, agent, employee, or subcontractor; and b) reasonable
attorney fees, court costs, settlement expenses and litigation expenses related to
liability described in subsection a) immediately above and/or relating to any claim
or action asserting such liability against the City, its otlicials, otlicers, agents, and
employees, unless said claim or action is the result of the negligent or willful act
or omission of the City or the City's otlicer, agent. employee, or subcontractor.
Contractor shall hold the City harmless for, from and against any claimants
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 10 of 16
supplying labor or materials to the Contractor in the performance of the work
required under this Agreement. The City reserves the right to request the
Contractor provide written certification that all liens against materials and labor
have been satisfied, before the City will make payment.
9. Insurance. Contractor shall maintain in full force and effect throughout the entire
term of this Agreement insurance with an insurance company authorized to
conduct business in Pearland, TX with the following policy limits.
A. Comprehensive General Liability and Property Damage
One Million Dollars ($1,000,000.00)
B. Automobile Liability
One Million Dollars ($1,000,000.00)
C. Workers Compensation
1. Bodily Injury by Accident - $1,000,000.00
2. Bodily Injury by Disease - $500,000.00
D. Additional Umbrella Coverage
Three Million Dollars ($3,000,000.00)
Upon written request, Contractor shall present a Certificate of Insurance in
a form satisfactory to the City Attorney which shall name the City as an
additional insured party on Contractor's Comprehensive General and
Automobile Liability policies. If during the term of this Agreement, any
such insurance is canceled, or if Contractor fails to renew same, or if the
policy limits are reduced below the limits required above, such event shall
constitute a default of this Agreement. Contractor shall immediately
notify the City in writing if such an event occurs. Contractor shall have
Five (5) business days to cure any such default.
10. Independent Contractor. Contractor shall, at all times herein, be an independent
contractor and not an employee of the City, nor shall any of the Contractor's
employees or subcontractors be an employee of the City.
11. Notice. Any notice required to be given pursuant to this Agreement may be
personally served upon the parties or may be served by certified mail, return
receipt required, to:
CITY:
City of Pearland, TX
Attn: Nick Finan
3519 Liberty Dr.
Pearland, TX 77581
Telephone: (281) 652-1600
Fax:
CONTRACTOR:
National Sign Plazas
Attn: Grant Hayzlett, Director of Operations
8150 S Akron St, #401
Englewood, CO 80112
Telephone: (720) 482-9293
Fax: (303) 790-0924
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 11 of 16
All notices, regardless of the nature of service, shall additionally be served upon
Contractor at Contractor's office(s) in the State of Texas located at:
Attn: National Sign Plazas
2501 Central Parkway #C-13
Houston, TX 77092
Telephone: (713) 673-2590
Fax: (713) 673-2585
12. Assignment and Subcontracting. Contractor may not delegate, assign or
subcontract all or any part of the work except the fabrication and installation of
the Sign Plaza structures and production of the sign panels, which require
equipment, materials and expertise which the Contractor reasonably may not be
expected to possess, without the City's prior written consent.
13. Miscellaneous. The Contract Documents represent the entire and integrated
Agreement between the City and Contractor and supersedes all prior negotiations,
representations of Agreements, whether written or oral, except as where noted.
The Contract Documents may be modified only by a written document signed by
both parties and approved by the City of Pearland City Council at a public
meeting. This Agreement shall be governed under Texas State law, and any action
relating to the Agreement shall be brought only in Brazoria County, TX.
14. Time is of the Essence. Contractor recognizes the City's desire(s) to move
forward expeditiously. Contractor shall adhere to the City's desired timelines and
schedules for the Plaza Program deployment as outlined in Section 4 (b) of this
Agreement.
15. Default and Remedies. If any Party fails to perform any of its obligations under
the Contract Documents. such failure shall constitute a default. The non-
defaulting Party shall give the defaulting Party written notice of the default. The
defaulting Party shall have fifteen (15) business days after the receipt of such
notice in which to cure the default. Failure to cure the default shall constitute a
breach of this Agreement. In the event of a breach, the non-breaching party may
terminate this Agreement and/or obtain any reasonable remedy provided by law
and within this Agreement.
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 12 of 16
In Witness thereof, authorized parties have signed this Agreement on the dates indicated
below.
By
&~
National Sign Plazas, Inc
a California Corporation
By a~ ~J- ~
Eleanor L. Hayzlett, President
The City of Pearland, TX
Date
I ;
1',1,,'
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Date
lo }.;2. ~ I 0\.0
APPro? ~ as to Legal Form
By ~~ .. Q.I
City Attorney
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 13 of 16
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The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
[eXHIBIT uA~
C<Hlllllunity )Iqtl PldZd
t-
.
Page 14 of 16
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The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 15 of 16
I EXHIBIT "An I
Nf'lqborhood Sign PIMa
loppef pafh!1 Dt?5lqned to
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The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
Page 16 of 16
EXHIBIT "B"
Schedule of Pro-Ration
Upon the full execution of this Agreement the timeline for pro-ration of the value of the
Sign Plazas will begin. The Total Value of the Sign Plazas will be determined based
upon, but not limited to, the total value of an individual Plaza, the labor and material
applied to each Plaza, plus an eight percent (8%) profit margin as allowed for in Section
5.C.l and 5.C.2 of this Agreement. The rate of pro-ration will be done on a straight line
basis and applied annually. The adjusted rate will only take effect after the full
completion of each contract year as stated in the chart below. After the conclusion of the
initial contract term, should a renewal of this Agreement be executed, a new basis for
pro-ration will be agreed upon by the Parties.
20
III Percentage of Total Value I
100
80
40
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1 to 2
2 to 3
3 to 4
4 to 5
The information contained within this Agreement is proprietary and shall not be divulged to parties other
then the City and its representatives until fully executed by both City and Contractor
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NATIONAL SIGN PLAZAS
The following list is a general location analysis based on the current layout and orientation of the
residential development within the City of Pearland. This list has been compiled through a
combination of drive time in the City as well as an analysis of the municipal map. This map
should be considered a "work in progress" until National Sign Plazas has an opportunity to meet
with the individual homebuilders/developers in the City and pin-point the exact locations that the
homebuilders/developers desire.
Locations have knowingly been placed on some FM/CR roads, as we are awaiting the City's
approval or disapproval of these locations. Please consider the number of locations represented
here (40) to be incorporated as an initial Sign Plaza Requirement. We expect that this number
may vary by 10% or less, once we have incorporated homebuilder/developer opinion, but not by
more.
These locations relate to the purple dots locate don the map.
1. N of2243 E ofFm 521
2. S 2234 E Fm 521
3. S of Sam Houston Tollway W ofFm 521
4. N of First E. of 521
5. N. WestPalmEof521
6. N. Renfrow Buford Rd. E 521
7. N CR 190 E FM 521
8. S 2234 W of Trinity Bay Dr.
9. N 2234 W of Kirby Dr.
10. S 2234 E Kirby Dr.
11. N Fm 518 E of Kirby Dr.
12. N of 518 E ofCr 48
13. S of 518 E of Kirby Dr
14. N of518 E ofCr 94
15. N of2234 W of288
16. S of 518 S of Miller Ranch Rd
17. N of 518 W of Sunrise Meadow Dr.
18. N of 518 West of Cullen Blvd.
19. N of518 E of Cullen Blvd.
20. N of518 W ofCR 518
21. W of CR 90 N of Southwyck Blvd.
22. S of Southwyck Bldvd E Cr 90
23. S of South Fork Dr. E ofCR 90
24. N ofCR 101 E CR 90
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25. N CR 101 W of Rivers Rd
26. N CR 101 E CR 89
27. N CR 91 W of Manvel DR
28. S CR 101 E 1128
29. S of Massey Ranch Rd E FM 1128
30. E of 1128 N of Belcher RD
31. S of Beltway 8 W of Pearl and PKWY
32. N of Michard RD W of Pearl and PKWY
33. N of Barry Rose Rd. W of Pearl and Pkwy
34. S of Barry Rose Rd W of Pearl and Pkwy
35. N of518 E of Pearl and PKWY
36. N of518 W of Pearl and Pkwy
37. N of 518 W of Yost Blvd.
38. N of Magnolia St. W of Pearl and PKWY
39. S of Magnolia St E of P earl and PKWY.
ACORD CERTIFICATE OF LIABILITY INSURANCE OP ID MP DATE(MM/DD/YYYY)
ASSIE-1 01/05/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Malloy Imrie & Vasconi Ins SH ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
License # 0054782 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P. O. BOX 725 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
St. Helena CA 94574 .
Phone: 707-963-2777 Fax:707-963-4073 INSURERS AFFORDING COVERAGE NAIC#
INSURED - INSURER A: Federal Insurance Company- 20281
INSURER B: Hart ford Insurance..Company- NA
National Sign. Plazas, Inc.-
Dan Wilson INSURER C: •
- 8150 S. Akron,- Ste. 401 INSURERD: - -
Centennial CO 80112
w
- INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AMYL POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR INSRI] TYPE OF INSURANCE DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY EACH OCCURRENCE $1000000
UAMAGE I HEN IED
A X X COMMERCIAL GENERAL LIABILITY 35390508 12/01/06 12/01/07 PREMISES(Eaoccurence) $ 1000000
CLAIMS MADE X OCCUR MED EXP(Any one person) $10000
__ _ _ _ PERSONAL&ADV INJURY- $1000000--
GENERAL AGGREGATE $2 0 0 0 0 0 0
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ Inc'd -
POLICY n PRO- LOC
JECT
AUTOMOBILE LIABILITY • COMBINED SINGLE LIMIT
A X ANY AUTO 73508036 12/01/06 12/01/07 (Ea accident) $ 1000000
ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS - - (Per accident). $
PROPERTY DAMAGE
. . •-(Per accident)
GARAGE LIABILITY '- . AUTO ONLY-EA-ACCIDENT S
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: -
- AGG $
EXCESS/UMBRELLA LIABILITY 'EACH OCCURRENCE $3000000
A X OCCUR CLAIMSMADE 79841152 12/01/06 12/01/07 AGGREGATE $3000000
$
DEDUCTIBLE $
X RETENTION $ $
WORKERS COMPENSATION AND TORY
S I A I S O I H-
TORLIMITS ER
B EMPLOYERS'LIABILITY 21WECGF8066 11/09/06 11/09/07 E.L.EACH ACCIDENT $ 1000000
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E.L.-DISEASE=EA EMPLaYEEL-S_10 0 0-0 0 0 ---
If yes,describe under
SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $ 1000000
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
The City of Pearland Texas is named as Additional Insured with respect to
the General Liability regarding the placement of signs. Proof of Workers
Compensation and Umbrella also provided. *10 day notice for nonpayment of
premium.
CERTIFICATE HOLDER CANCELLATION
CITYP-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF,THE ISSUING INSURER WILL ENDEAVO:. • u• . * • _ "•- ...., -"- • -
NOTICE TO THE CERTIFICATE HOLDER NAMED TO i
The City of Pearland, TX IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIN.;
Nick Finan
3519 Liberty Drive REPRESENTATIVES.
Pearland TX 77581 ' ;; - ^ {•D'-
,
ACORD 25(2001/08) -'� -,- {