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.
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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
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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
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