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HomeMy WebLinkAbout07/05/2011 14 North Front Street Banner Poles Use License Agreement with North Front Street Improvement Association 0 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ,l Item No. I �1 For Meeting of July 5, 2011 ITEM TITLE: Consideration of a License Agreement with the North Front Street Improvement Association for primary use of the street banner poles on North Front Street SUBMITTED BY: Mark Kunkler, Senior Assistant City Attorney Joan Davenport, Acting Dir. of Community & Economic Development CONTACT PERSON /TELEPHONE: Joan Davenport (576 - 6417) SUMMARY EXPLANATION: The attached 3 -year license agreement is in response to the request from the North Front Street Improvement Association to be the primary user of the fa banner poles on North Front Street, as well as the decorative banners attached to the pedestrian lights within the Historic District. A banner permit along with the insurance, fees and other requirements will also be submitted by the Association. Resolution Ordinance Other (Specify) License Agreement, Request from North Front Street Improvement Association Funding Source APPROVED FOR SUBMITTAL: --, City Manager STAFF RECOMMENDATION: Approve the license agreement BOARD /COMMISSION RECOMMENDATION: The City Council Economic Development Committee reviewed this request and recommended approval to the entire Council COUNCIL ACTION: • o 4 oA City Council Economic Development Committee June 10, 2011 North Front Street Improvement Association is asking permission to be the "Primary User" of the banner poles on Front St. at the intersection of Yakima Ave. and additionally, permission to be the primary user of the small street light side pole banner positions within the Historic District and specifically on: East side of Front Street between Yakima Ave and MLK. Both sides of A Street between 1 St. and Front Street. West side of 1 St. between Yakima Ave. and A Street. • North side of Yakima Ave. between Front St. and 1 Street. Respectfully; Corday E. T c Treas. l r r p ( •,= I ` I I ' r �. I ii tl " �� �:I-S —"-� 'Y�il pi i_:. h r -,r a .� t `r ur. ' iimimrn s��a ► �Y 4 : ` •�IjjK , J + ` , . e I� Iu. � rl ' L - 71 11' NORTH FRONT STREET IMPROVEMENT ASSOCIATION ��' Five North Front Street • Yakima, Washington 98901 LICENSE AGREEMENT - STREET BANNER CITY OF YAKIMA And NORTH FRONT STREET IMPROVEMENT ASSOCIATION THIS LICENSE AGREEMENT is entered into by and between the City of Yakima, a municipal corporation, and the North Front Street Improvement Association, a nonprofit organization, for the uses and purposes set forth below. I. Recitals A. City of Yakima, hereafter called "City," is a municipal corporation of the State of Washington with City Hall located at 129 North 2nd Street, Yakima, Washington 98901. B. North Front Street Improvement Association, hereafter called "Association," is a nonprofit merchants'- association with offices at Five North Front Street, Yakima, Washington 98901, existing to promote maintenance, use and tourism of the • • North Front Street Historic District in the City of Yakima. C. City owns certain poles and fixtures intended to accommodate placement and display of street banners, which poles and fixtures include a location at the north side of the intersection of Yakima Avenue and North Front Street, an entryway to the North Front Street Historic District. D. City and Association desire to enter into a License Agreement whereby Association will place and display a street banner advertising the North. Front Street Historic District and events occurring within such district, all in accordance with applicable City codes and this agreement. II. License Agreement WHEREFORE, in consideration of the . mutual covenants, conditions and benefits herein, the parties agree as follows: Section 1. Purpose. Promotion of tourism within the City and within the North Front Street Historic District (the "District ") will generate economic growth, educational opportunities and employment opportunities. The parties intend that the placement of a 4110 street banner at the designated location will promote such goals and serve as . an entryway designation to the District. 1 Section 2. License. City hereby grants a nonexclusive license to the Association for the placement and display of a street banner sign ( "banner ") using the designated poles and fixtures at the north side of the intersection of Yakima Avenue and North Front Street, subject to the terms and conditions below. Such license also includes • installation and display, by the Association, of individual small decorative banners (hereafter called "decorative banners ") side- mounted on city -owned pedestrian Tight poles and fixtures within the District, subject to prior approval by the City Director of Community and Economic Development; or his or her designee. For purposes of this License Agreement, such "decorative banners" do not include additional banners crossing street rights of way. Section 3. Permit Requirements. Except as otherwise set forth herein, Association shall obtain a permit for the installation and maintenance of such street banner and comply with all provisions of Chapter 10.32 of the Yakima Municipal Code. Association shall also obtain any applicable permit for installation and maintenance of the additional decorative banners. Section 4. Insurance Requirements. As required by YMC 10.32.030, the Association agrees that installation, replacement, repair and maintenance of the street banner shall be performed by a licensed sign installation company, who shall comply with the liability insurance and hold harmless provisions of such section during the installation, replacement, servicing, repair, maintenance and removal of such banner. In addition to such provisions, the Association shall provide the city with a certificate of insurance as proof of commercial general liability insurance in the amount of one million dollars combined single limit bodily injury and property damage and two million dollars aggregate that clearly states who the provider is, the amount of coverage, the policy number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this License. The certificate of liability insurance policy shall name the city of Yakima, its elected officials, officers, agents, employees and volunteers as additional insureds, and shall contain a clause that the insurer will not cancel the insurance without first giving the city thirty calendar days' prior written notice. The insurance shall be with an insurance company or companies rated A -VII or higher in Best's Guide and admitted in the state of Washington. If the city is damaged by the failure of the Association to maintain the above insurance or to so notify the city, then the Association shall bear all costs attributable thereto. An expiration, cancellation, or revocation of the insurance policy or withdrawal of the insurer from the insurance policy automatically suspends the License issued to the Association until a new insurance policy or reinstatement notice has been filed and approved as provided in this section. 2 Section 5. Hold Harmless. As a further condition of the issuance of the License, the Association shall defend, indemnify, and hold harmless the city, its officers, elected officials, employees and agents from and against any and all claims, causes of action, damages, losses, and expenses of any kind or nature whatsoever, including but not limited to, attorney's fees and court costs, arising out of, relating to, or resulting from the installation, maintenance, use, servicing, repair and /or removal of the banner. This provision shall survive any termination of this License Agreement. Section 6. Term of License — Fees. The term of this License shall be for three (3) years commencing July 6, 2011 and terminating June 30, 2014. In addition to applicable permit fees for banners set forth in YMC 10.32.040, the License Fee shall be $50.00 for the term set forth above. This License Agreement may be renewed for an additional term or terms upon agreement of both parties. Section 7. Use of Banner and Signs — Specifications. A. Use of Banner and Decorative Banners. The banner and decorative banners shall be used to advertise and promote the North Front. Street Historic District and the history, features, businesses, attractions and events within the ID District, together with community events. During the term of this License, Association shall have primary use of the banner and decorative banners at the designated location; PROVIDED, However, that City reserves the right to substitute a banner or message of its choosing during the license term for limited period(s) of time in the event City determines that such substitute banner or sign is necessary or appropriate to advertise a community event or communicate a message necessary to preserve, protect or promote the general health, safety and welfare. In the event City implements this substitution, it will provide Association with advance notice reasonable under the circumstances, and City shall be responsible for the substitution of the banner, installation, maintenance, repair, servicing, removal of the banner, and subsequent replacement of the District's banner. B. Banner Specifications. The size of the banner shall be four feet in height and a maximum of forty feet in width with a minimum of twenty percent of the banner area having air passage vents provided. The banner shall be made from durable lightweight material meeting banner III • manufacturer's standards and designed to withstand wind speeds of eighty miles per hour. 3 Connections to city support cables shall be made with sufficient number and size of fasteners to safely support the weight of the banner, including wind loading. Grommets shall be provided in the banner material at each attachment point. Lines shall be provided at corners of banner to position and maintain banner deployment. Lines shall be securely fastened to strain pole cable brackets with mechanical fasteners such as steel carabiners or similar devices sufficient to safely handle the installation . Section 8. Installation, Maintenance and Removal. The banner and any hardware necessary to display such banner may be installed only by a licensed contractor approved by the City. Decorative banners shall be installed by the Association in the designated locations using existing side - mounted pedestrian poles and fixtures. The Association is responsible for all costs associated with installation, maintenance, and removal of the banners and decorative banners and any hardware necessary to display such banner and decorative banners. The Association is also responsible for any damage that may occur to the banner and /or decorative banners, persons, adjacent property, hardware, or utility poles while the banner and /or decorative banner is being installed, displayed, or removed. The Association shall immediately replace, repair, or clean, as applicable, any damaged or dirty banner and decorative banner and shall maintain the banner and decorative banners in an attractive condition. At the expiration of the License period, the applicant shall remove the banner and decorative banners within five (5) business days. After installation, any hardware installed on utility poles shall become the property of the City and shall remain on the utility poles after removal of the banner and /or decorative banners unless the Director of Community and Economic Development or his designee instructs the Association in writing to remove the hardware. Section 9. Termination of License — Effect of Termination. This License Agreement may be terminated by either party at any time with at least thirty (30) days prior written notice delivered to the other party. Upon the effective date of termination occurring prior to the expiration of this License, City shall return a prorated portion of the License Fee attributed to the unexpired term. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. Section 10. Notice. Any notices required pursuant to this License Agreement shall _ be given to the following persons at the following addresses. Any change of designated person and /or address shall be communicated promptly in writing to the other party, 4 0 For City of Yakima: For the Association: City Manager President, North Front Street City of Yakima City Hall Improvement District 129 North 2 Street Five North Front Street Yakima, Washington 98901 Yakima, Washington 98901 Section 11. No Third Party Rights — Assignment. This License Agreement is entered into for the sole benefit of the parties. It shall confer no benefits or rights, direct or indirect, on any third parties. No person or entity other than the City and the Association may rely upon or enforce any provision of this Agreement. This License Agreement and the 'license conferred herein are personal to the Association and shall not be assigned in whole or in part to any third party without the express written consent of the City. Section 12. Nondiscrimination. During the performance of this Agreement, the parties shall not discriminate in violation of any applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion, color, national origin, marital i i• status, disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any other classification protected under federal, state, or local law. Section 13. Compliance With Law. The Parties to this License Agreement shall comply with all applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. Section 14. Modifications. The parties may modify this License Agreement but no proposed changes or modifications shall have validity or become binding on either party unless such changes or modifications are in writing and executed by both parties. Section 15. Severability. A. If a court of competent jurisdiction holds any part, term or provision of this License Agreement illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and_ obligations shall be construed and enforced as if the License Agreement did not contain the particular provision held invalid. B. If any provision of this License Agreement is determined by a court of law to be in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it 0 may conflict, and shall be deemed modified to conform to such statutory provision. 5 Section 16. Governing Law — Venue. This License Agreement shall . be • governed by and construed in accordance with the laws of the State of Washington. Venue for any action arising out of the implementation, performance or breach of this Agreement shall lie in Yakima County, State of Washington,. WHEREFORE, this License Agreement is deemed executed and approved this day of July, 2011. CITY OF YAKIMA FRONT STREET HISTORIC DISTRICT MERCHANTS ASSOCIATION By: By: Richard A Zais, Jr. City Manager By: ATTEST: City Clerk 6