§ 3. Duties and obligations of the company.

The company shall comply with all terms and conditions of this contract and will undertake each of the following at its sole expense with respect to the erection of shelters at various bus stop locations throughout the City of Lauderhill.

a.

Technical codes. To erect such shelters in conformance with the South Florida Building Code, the City of Lauderhill Code and other applicable technical codes, to obtain all required permits and to use the types of materials and in accordance with the plans and specifications set forth in Schedule 1 attached hereto and made a part hereof.

b.

Inspection. To inspect, clean, repair and otherwise maintain the shelters on a biweekly basis. Failure to maintain a shelter may result in the city taking action to maintain the shelter and backcharge the company for verified expenses incurred by the city.

c.

Illumination. To illuminate the advertising display unit until bus service ceases each day.

d.

Insurance. To obtain and keep in force during the term hereof a policy of public liability insurance naming the company insured and the city as additionally insured, providing said parties with insurance against public liability of all kinds in connection with the shelters in question in the amount of one million dollars ($1,000,000.00). The company will provide the city with certificate(s) of such insurance and including renewals, addendums and riders to such policies.

The company shall provide the city with thirty (30) days' prior notice of any material modification or change of insurance coverage. All insurance shall be issued by companies authorized to do business in Florida and rated A:X or better per A.M. Best Keys Rating Guide, latest edition, unless otherwise approved by the mayor. The insurance mentioned herein shall be kept in operative force and effect throughout the term of this contract and shall not be allowed to lapse.

e.

Advertising. To use the best efforts to solicit and obtain suitable advertising clients who desire to advertise products or services through signs on the shelters in question. The city shall have a right to require the company to remove any advertising material that it believes to be offensive, not suitable or in such a state of disrepair as to be offensive to the city provided that the company shall have a right to substitute other advertising material which is not offensive to the city. The city shall exercise its judgment in a reasonable manner. The company shall have forty-eight (48) hours after receipt of a written demand from the city to remove such offensive advertising material. In the event of a dispute as to the reasonableness of the city's demand(s), the company shall promptly follow such demand while the dispute is being resolved. Furthermore, in the event that the company shall have failed to remove the objectionable advertising within said forty-eight-hour period, the city shall have an absolute right to cause such advertisement to be removed, and the city shall not be responsible for any damages in connection therewith.

f.

Surface restoration and landscaping. The company shall, at its expense, repair or replace all structures or facilities on public or private property which may have been damaged during construction, operation or removal of bus shelters owned by the company. Such structures or facilities shall include but not be limited to sidewalks, driveways, posts, poles, walls, fences, gates, footing, trees, shrubs, lawns, sprinklers, curbs, gutters, utilities (both overhead and underground), manholes, catch basins, inlets, roadways, roadway drains, street surfaces and landscaping in the swale and median areas. The work shall include furnishing and replacing planting soil, trees, shrubs, grass sod and other ground cover as required to conform to the original surface condition and cross section as specified and cleanup and removal of all surplus materials, rubbish and trash of every nature remaining after the construction has been completed. The company further agrees to repair or replace public or private property in a manner acceptable to the mayor. All repairs and replacements shall incorporate materials and methods similar to those used in the original structure unless otherwise specified and agreed to by the city.