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HomeMy WebLinkAboutR-1993-103 Fair / Shuttle Bus / Valley Mall ParkingRESOLUTION NO. R-93- 103 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute a promotion agreement with First Union Management, Inc. to use the Valley Mall parking lot for temporary shuttle bus rides to the Central Washington Fairgrounds. WHEREAS, the City of Yakima Transit Division desires to use the Valley Mall parking lot on a temporary basis to provide shuttle bus service to the Central Washington State Fairgrounds; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to execute the attached Promotion Agreement to allow temporary use of the Valley Mall parking lot by City shuttle buses, now, therefore, BE I'f RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and directed to execute the attached agreement entitled "Promotion Agreement." ADOPTED BY THE CITY COUNCIL this 21stday of September , 1993. ATTEST: Mayor City Clerk res/valley mall.rp rage 1 or PROMOTION AGREEMENT THIS PROMOTION AGREEMENT entered into this 28 day of June , 19 93, by and between FIRST UNION MANAGEMENT, INC., a Delaware corporation, having a mailing address of 55 Public Square, Suite 1910, Cleveland, Ohio 44113, (hereinafter referred to as "Licensor"), and Yakima Transit/Karen Allen having a mailing address of 2301 Fruitvale, Yakima, WA 98902 (hereinafter referred to as "Licensee"). 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 the area designated as Space No. Parking Loand consisting of approximately square feet (herein referred to as "Premises") as outlined on Exhibit A attached hereto, within Valley Mall (the "Mall") for a period of .. (the "Term") commencing ** (the "Commencement Date") , and ending ; ;; solely for the purpose of: 4th of July pickep.p 'e=One qday. -u ,,,;=Sunday, July 4, 1993 ***=Sunday, July 4, 1993 Fair pick-up =Nine days Thursday, September 24, 1993 ,,,* Saturday, October 2, 1993 . Licensee shall pay, in advance, the following sums to Licensor as rent for the Premises: 1. $ 0 Rent 2. $ .0 Merchants Association/Marketing Fund 3. $ 0 Shopping Center Security 4. $ 0 Maintenance and Trash Removal 5. $ 0 Other 6. $ 0 Applicable sales or use tax 7. $ 0 TOTAL RENT Payments shall be made to the Mall in the form of a Certified Check or Money Order on or before the Commencement Date. 2. Licensee agrees to provide the following services: for which the Licensor will pay the Licensee the following: 1. $ 0 For Talent 2. $ 0 For display and/or props 3. $ 0 Advertising 4. $ 0 Other 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 regula- tions as set forth in Exhibit B attached to this Agreement. 4. Licensee shall, at its sole cost and expense, 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 the Commencement Date. 5/14/93:1ac t'ZUMUL1Ui1 HCS L-''('iueiiL Page 2 of 2 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 or its agent; and (iv) any act or omission of 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 injuries 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 Merchants 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 the 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. &? neral Manager Cry' Promotjlons Coordinator Signed in the presence of: By: Lisa Chestnut, Director of Specialty Leasing Date: By: City Manager And : / 1 t.-' 4) -ex, City Clerk Date: i LICENSEE 3/£3 q/caJi3 /14/q'•1ar EXHIBIT B RULES AND REGULATIONS 1) Licensee shall keep the Premises open continuously and uninterruptedly for business during the normal shopping center hours; i.e., Monday through Friday: am to A pm; Saturday 10 am to 6 pm; and Sundays: , 10 am to 5 pm. 2) Licensee shall display no merchandise outside of the Premises and shall keep the premises and any displays in a safe, clean reputable and proper manner and not permit any rubbish or refuse emanating from the Premises to accumulate in the mall areas and attend to the daily removal thereof in the manner designated by Licensor; 3) Licensee shall not permit any rubbish or refuse emanating from the Premises to accumulate in the mall areas. Licensee shall provide public ash and trash receptacles and shall be responsible for the. neat, clean appearance of the immediate surrounding areas. 4) Licensee shall provide all necessary tables, chairs, table skirting, enclosures, signs, including all labor necessary to set up and take down display. All tables, counters, etc. shall be skirted. 5) Licensee shall display customer sales return policy and provide this policy, in writing, to customers upon request. 6) Licenses shall not permit food or beverage to be consumed at the Premises, nor shall the sale of food items be permitted. 7) Licensee shall not permit loitering at the Premises. The number of personnel engaged in the operation of a kiosk booth/table shall be limited. No unauthorized persons will be allowed in the exhibit area. The assigned kiosk booth/table shall be used solely for the purposes set forth in the permit and only on the dates and times specified in the permit. 8) Licensee shall not permit the playing of any musical instrument, radio or television, or the use of a microphone or loud speaker, in the Premises and will not use flashing or rotating lights. 9) Any signs used at the Premises shall be professionally painted, stating the name of business and reason for display. All signs are subject to Licensor's prior approval. 10) No displays over six (6) feet high permitted without Management approval. Management has the right to control the overall appearance of each individual kiosk booth/table display. 11) Licensee shall provide Licensor with local emergency telephone number, local address, and a forwarding address. 12) Licensee shall secure and be responsible for display at close of business. 13) Licensee shall not have use of Mall/Shopping Center office telephone, and incoming calls of an emergency nature only will be accepted. 14) No electrical wiring will be laid so as to be a hazard to pedestrian traffic. All tape used on floors will be removed and adhesive residue cleaned prior to your final departure. 15) Licensee shall park, and cause to park, all personal vehicle(s), and those of his employees, in far-out parking spaces only. 16) Licensee shall deliver and surrender to Licensor immediate possession of the Premises upon the expiration of the License created by this Agreement or its earlier termination as provided in the Agreement, in a broom clean condition. 17) Licensee shall secure any and all licenses or permits required by any governmental agency or authority with respect to Licensee's occupancy and use of the Premises; 18) Licensee shall not make or permit to be made any alterations, additions or improvements in the Premises without the prior consent of Licensor. 19) Licensee shall not permit any mechanic's lien to be filed against the Premises by reason of any work, labor, service or materials performed at or furnished to the Pramisas . 20) Licensee shall adequately staff the Premises. 21) Licensee will not conduct an action, going -out -of -business, distress, bankruptcy or fire sale. 22) Licensee shall abide by all rules and regulations established by Licensor and/or General Manager from time to time, with respect to the common areas facilities, improvements, and sidewalks. Li -nsee City of Yakima 9122/93 Date HOLD HARMLESS AGREEMENT Yakima Transit/Karan Allen agrees to defend, indemnify and hold First Union Management, Inc. and First Union Real Estate Investments, their officers, agents, trustees and directors, harmless from all injury, loss, cost, claims or damages to any person or property arising from, related to, or in any way connected with the use of Valley mall Parking Lot or any conduct undertaken, by Yakima Transit/Karen Allen thereat, during the period September 24, 1993 through October 2, 1993. Yakima. Transit/Karen Allen further waives its right to assert any claim for loss, cost, injury or damages First Union Management, Inc., and/or First Union Real Estate Equity & Mortgage Investments, their officers, present or arising at any time in the future, arising from, related to, or in any way connected with the use of Yakima Transit/ Karen Allen or any conduct undertaken by Va11Py Ma11 September 24, 1993 through October 2, 1993. Date: thereat , during the period General Manager Date: 9/22/93 For: of Yak By: T -n.' t/Promoter 5/14/93:1 AC