§ 21-258. Effect of the 1999 Bench Agreement.

(a)

The county's contract with Altrusa International of Orlando-Winter Park, Inc., Orlando Jaycees, Inc., Southwest Orlando Jaycees, Inc., Boys & Girls Clubs of Central Florida, Inc., Big Brothers/Big Sisters of Central Florida, Inc., Mothers Against Drunk Driving, Central Florida Chapter, and Apopka Woman's Club for the installation of benches and advertising on transit benches, which was entered into on July 27, 1999 (the "1999 Bench Agreement"), is ratified and affirmed by the County until the expiration of the term of the contract on July 26, 2014, provided that such transit benches may not interfere with preservation and maintenance of the public right-of-way and shall meet the safety guidelines as defined by the county and the Florida Department of Transportation.

(b)

The owner of a transit bench placed in the public right-of-way pursuant to the 1999 Bench Agreement shall bring the transit bench into substantial compliance with the Florida Greenbook requirements referenced in section 21-253(c) not later than April 25, 2014, and shall bring the transit bench into full compliance with this division not later than March 25, 2015. The county reserves the right to remove any noncompliant transit benches after April 25, 2014, or March 25, 2015, whichever date is applicable, assess the costs for removal against the owner of the transit bench, and hold the noncompliant transit bench for a period of fourteen (14) days, after which time, if the transit bench remains unclaimed, the County may dispose of it.

(c)

The transit bench provider providing transit benches pursuant to the 1999 Bench Agreement is Metropolitan Systems, Inc., also known as "Metro Bench." Subsection (b) notwithstanding, if, under the terms of this division, the county enters into an agreement with a transit bench provider other than Metro Bench, and does not enter into an agreement with Metro Bench, Metro Bench shall remove all of its transit benches from the public right-of-way no later than six (6) months from receipt of a notice from the county to remove such transit benches. If, under the terms of this division, the county enters into an agreement with a transit bench provider in addition to Metro Bench, Metro Bench shall remove its transit benches from that portion of the public right-of-way covered by the agreement with the new transit bench provider within sixty (60) days from receipt of notice from the county to remove such transit benches.

(Ord. No. 2014-06 , § 1, 3-25-14)