HomeMy WebLinkAboutR-1993-040 Air Fair / Valley Mall Parking / First UnionRESOLUTION NO. R-93- 4 0
A
93-
A RESOLUTION authorizing and directing the City Manager of the City of
Yakima to execute a promotion agreement with First Union
Management, Inc., to enable the City to use the Valley Mall
parking lot as a park-and-ride location for the 1993 Air Fair.
WHEREAS, the citizens of the City of Yakima have received commercial,
educational, and entertainment value from the Air Fair held at the Yakima
Airport; and
WHEREAS, the City of Yakima has again been requested to provide bus
service from outlying locations to the Airport to facilitate a greater volume of
people attending the fair and reduce traffic congestion, which is within the
public interest of the City; and
WHEREAS, the Valley Mall has been used by the City as a park-and-ride
location successfully in past years for this fair; and
WHEREAS, the terms and conditions of such usage are the subject of a
promotion agreement proposed by the management of the Valley Mall, which is
acceptable to the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute a promotion
agreement, a cope of which is attached hereto and made a part hereof by this
reference. If, prior to this date, the City Manager has signed this agreement, the
Council hereby ratifies his signature and approves of the execution of the
agreement. Ln
ADOPTED BY THE CITY COUNCIL this G' " ' day of .< , 1993.
ATTEST: �I
City Clerk
(is)res/carberry/1st Union Mgt.sc
Mayor
PRO S:3170N AGREEMENT
THIS PROMOTION AGREEMENT entered into this
by and between FIRST UNION MANAGEMENT, INC., a
mailing address of 55 Public Square, Suite
(hereinafter referred to as "Licensor"), and
having a mailing address of 2 3 0 1 F r u i t v a l e,
(hereinafter referred to as "Licensee").
Y
9 day of
Delaware corporation,
Cleveland, OH
akima, WA 98902
April
having a
1910, 44113,
imp, ns k1 u
WITNESSETH:
IN CONSIDERATION of the payment of rents and other charges provided for herein
and the covenants and conditions hereinafter set forth, Licensor and Licensee
hereby covenant and agree as follows:
1. Licensor hereby leases to Licensee and Licensee hereby rents from Licensor
designated .a .a Space N and approx_ . t i y
u�.:: il�yrix3 L:Z.� as ��i.2... ' YV • ,�n� consisting of LJ6 ..... �e+1
square feet (herein referred to as "Premises") as outlined or hatched
on Exhibit A attached hereto, within VALLEY MALL (the "Mall") for a period of
Two days (the "Term") commencing Saturday, May 1, 1993 (the
"Commencement Date"), and ending Sunday, May 2, 1993 , solely for the
purpose of Air Fair Shuttle
area
following sums
1. $ 0
2. $ 0
3. $ 0
4. $ 0
5. $ 0
. Licensee
to Licensor as rent for the Premises:
Rent
Advertising
Shopping Center Security
Maintenance and Trash Removal
Other:
shall pay, in advance, the
6. $ 0 Applicable sales or use tax
7. $ 0 TOTAL RENT
Payments shall be made to the Mall in the form of
on or before the Commencement Date.
a Cashiers
2. Licensee agrees to provide the following services:
for which the Licensor will pay the Licensee the following:
For Talent
For Display and/or Props
Advertising
Other:
Check or Money Order
3. Licensee shall not permit, license or materially interfere with access to
or visibility of any tenant in the area of the Premises and shall abide by and
keep all operating rules and regulations as set forth in Exhibit B attached to
this Agreement.
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4. Licensee s1 L, at its sole cost and ex .rise, obtain all permits or
licenses required by any governmental authority, prior to occupancy of the
Premises. Copies of such permits and licenses shall be given to Licensor prior to
Commencement Date.
5. Licensee shall protect, indemnify, save and hold harmless Licensor against
all claims of loss, cost, damage or expense of any kind or nature arising out of
or from (i) any accident or occurrence in, from, on or at the Premises; (ii) the
sale of any goods or services by Licensee or its agent; (iii) the consumption or
existence in the Mali and/or the Premises of any product sold, used or stored by
Licensee, its employees, servants, agents or invitees.
6. Licensee shall, at its sole cost and expense, procure and continue in
force general liability insurance covering any and all claims for inuries to
persons in or upon the Premises. Such insurance shall be in the amount of not
less than One Million Dollars ($1,000,000). Licensee shall also carry property
damage insurance in an amount of not less than One Hundred Thousand Dollars
($100,000) for damage to property arising out of any one occurrence. Any
insurance policies required hereunder shall name the VALLEY MALL NEMCHANTS
ASSOCIATION and FIRST UNION MANAGEMENT, INC., as additional insureds. Licensee
shall furnish Licensor with a copy of such insurance policy prior to the
Commencement Date.
7. All of Licensee's personal property of every kind and description which
may at any time be in the Premises shall be kept at hte Premises at Licensee's
sole risk and Licensor shall not be liable for any damage to or loss of said
property.
8. The Licensor may terminate this Agreement, with or without cause, and
without liability at any time during the Term hereof upon giving Licensee not less
than one (1) hour advance notice.
IN TESTIMONY WHEREOF, Licensor and Licensee have caused this Agreement to be
signed as of the date first above written.
Signed in the presence of: FIRST UNION MANAGEMENT, INC.
Signed in the presence of:
-2-
By:
By:X
And:
LICENSEE
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