§ 6. Continuing maintenance obligation.  


Latest version.
  • The company shall maintain all of the shelters which it installs. The company shall clean three (3) feet away from each side of the shelter all trash and debris within the public right-of-way, including curb and gutter. Said trash and debris shall be removed biweekly from the public right-of-way. Further, the company shall be responsible for the cleaning, repairing, or replacement of all bus shelter parts, including advertising materials, signs and visual displays placed upon the shelters. However, the company shall not be responsible for the maintenance or repair of any sidewalks, walkways or curbs to which the shelters are attached unless such sidewalks, walkways or curbs shall have been damaged through the acts or omission of the company, its agents, servants, subcontractors or employees except for those portions of the sidewalks, walkways or curb located within the shelters themselves which the company shall be responsible for maintaining at its own cost and expense. In the event a shelter is not maintained in good repair and in clean condition as determined by the city, the city shall so notify the company verbally followed by a letter of confirmation. If the condition is not corrected to the city's satisfaction within five (5) working days after the date of notice, the city shall have the right and privilege to remove said shelter and charge the company for the costs of such removal (inclusive of personnel expense, labor and materials). Should the city determine that there is an immediate danger to the health, welfare or safety of the general public, the city shall so notify verbally, and the company shall remove any such dangerous condition within twenty-four (24) hours. If the condition is not corrected within twenty-four (24) hours, the city has absolute right to correct the condition and bill the company for such.