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18.7.331    LEASE AGREEMENTS

(1) The franchisee shall require the owner to sign a lease agreement with the franchisee on a form approved by the department and shall obtain the written assurance required from the owner under 60-5-514(2) or 60-5-522(2) , MCA.

(2) Before approving the lease agreement the franchisee shall review the owner's qualifications for compliance with the applicable criteria and may not approve the lease agreement if the criteria are not met.

(3) Upon approval of the lease agreement, the franchisee shall transmit a copy of the signed lease agreement to the owner.

(4) Lease agreements shall be valid for a period not to exceed five full years.

(5) When an owner meets the applicable requirements and the required fees have been paid, the franchisee shall install the business sign within 30 calendar days if the specific service sign has already been installed or within 120 calendar days if the specific service sign has yet to be installed. The franchisee shall install the tourist-oriented directional sign within 120 days of the payment of fees.

(6) The franchisee shall allow the owner or his legal successor during the term of the agreement to change the business sign or tourist-oriented directional sign copy so long as the copy conforms to the statutes and these rules. The cost of changes in the copy may be charged to the owner. The owner may also be charged an additional fee for each sign removed and remounted by the franchisee at the request of the owner.

(7) Before a lease agreement may be renewed, the franchisee must determine whether or not there are any qualified businesses closer to the interchange or intersection which wish to participate in the program. The lease agreement may not be renewed unless there are no other applicants and there is space on the specific information sign or tourist-oriented directional sign.

(8) Non "all-service" agreements shall be evaluated on an annual basis as provided for in ARM 18.7.303(3) .

History: 60­5-503, MCA; IMP, 60-5-505 and 60-5-514, MCA; NEW, 1990 MAR p. 111, Eff. 1/12/90; AMD, 1994 MAR p. 674, Eff. 4/1/94.

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