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<br />a written request for the change at least 15 days prior to the date on which the proposed change will <br />become effective. The City Manager may require the request to be accompanied by the written <br />approval of the manager of the bus service operated by the Capital Area Rural Transportation <br />System, or the manager of the shuttle bus service operated by Southwest Texas State University. <br />Within the 15-day period after submission of a completed request, the City Manager shall give <br />written approval or disapproval, or shall request in writing further time for consideration of the <br />change. Should the City Manager fail to take action within the 15-day period, Burkett may proceed <br />with the proposed change. Notwithstanding any other provision of this agreement, Burkett agrees <br />to remove or relocate any bench or shelter within 30 days of its receipt of a written request of the <br />City Manager. The City Manager's approval authority in this paragraph is for general, not exact, <br />location, and Burkett is solely responsible for the safe placement of benches and shelters under <br />Sections 6 and 7 below. <br /> <br />Section 6. Guidelines for Benches and Shelters. Burkett agrees to comply with the <br />following guidelines for its benches and shelters: <br /> <br />a) All benches and shelters shall be securely constructed of concrete, metal, wood and/or <br />plastic, and shall be maintained in a safe manner for use for their intended purpose. The <br />design of the benches and shelters is subject to prior written approval by the City Manager <br />of the City. Burkett shall maintain the benches and shelters in a neat and clean condition. <br />Burkett shall promptly repair or replace any bench or shelter that shows visible signs of <br />deterioration such as rust, cracking, rot, or discoloration. <br /> <br />b) All benches and shelters shall be maintained by Burkett so that they do not constitute a <br />hazard to the safety and well being of any person or constitute an impediment to pedestrians, <br />bicyclists or vehicular traffic. <br /> <br />c) Maintenance of the area surrounding each bench and shelter shall be the sole responsibility <br />of Burkett. Grass growing adjacent to or under benches or shelters shall be kept neatly <br />trimmed by Burkett. <br /> <br />d) The maximum height above the ground, slab or curbline shall not exceed four and one-half <br />feet for benches and ten feet for shelters. <br /> <br />e) Benches and shelters shall be located on state rights-of-way only after approval by the Texas <br />Department of Transportation has been received. Burkett shall comply with all requirements <br />associated with such approvals. <br /> <br />f) Burkett shall place and maintain all advertisements on the benches and shelters in compliance <br />with all applicable regulations of the City (including, without limitation, the prohibition <br />against placement in sight triangles near intersections), and shall be aesthetically pleasing. <br />Burkett shall ensure that all advertisements are free of profanity, obscenity, nudity, racial or <br />ethnic disparagement, and other similar offensive content. <br /> <br />C:\TEMPIBurkett bench-shelter agreement.doc <br /> <br />2 <br />