(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) .