HomeMy WebLinkAboutR-1994-058 Shuttle for community events•
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RESOLUTION NO 94-58
A RESOLUTION authorizing the Director of Public Works and City Clerk of the
City of Yakima to execute a promotion agreement with First
Union Management, Inc. (or subsequent owners of the Valley
Mall property) to use the Valley Mall parking lot for temporary
shuttle bus operations for community events.
WHEREAS, from time to time 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, the Airport, and other locations in
Yakima, and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima that the Director of Public Works and the City Clerk be authorized to
execute Promotion Agreements to allow temporary use of the Valley Mall parking
lot by City shuttle buses, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA
The Director of Public Works and City Clerk are hereby authorized and directed
to execute the required Promotion Agreements
ADOPTED BY THE CITY COUNCIL this 18th day of May , 1994
ATTEST p
City Clerk
WY- ,46-elund--71
' Mayor
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PROMOTION AGREEMENT
THIS PROMOTION AGREEMENT entered into this 22nd day of
April , 19 94, 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 City of Yakima/Karen Allen
having a mailing address of 2301 Fruitvale Blvd., Yakima, WA 98902
(hereinafter referred to as "Licensee").
N I T N E S S E T H:
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. P -lot and
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
See Below (the "Term") commencing
See Below (the "Commencement Date"), and ending
See Below , solely for the purpose of:
Bus pick-up and drop-off for the following events.
Air Fair Two days May 21st &.22nd.
4th of July One day July 4th.
CWSF Nine days September 23rd to October lst.
. Licensee shall pay, in
advance, the following sums to Licensor as rent for the Premises:
1. $ NA Rent / FUMI
2. $ NA Merchants Association/Marketing Fund
3. $ NA Shopping Center Security
4. $ NA Maintenance and Trash Removal
5. $ NA Other
6. $ NA Applicable sales or use tax
7. $ NA 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. $ NA For Talent
2. $ NA :.nor display and/or props
3. $ NA Advertising
4. $ NA 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
Promotion Agreement
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 i the presence of:
//
FIRST UNION MANAGEMENT, INC.
/ By:
General Manage
Promotions Coordinator
:signed in the presence of:
Date:
Lisa Chestnut,
Director of Specialty
Leasing
City Clerk
Date:
-5*A/9,/
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LICENSEE
HOLD HARMLESS AGREEMENT
City of Yakima/Karen 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, relatdd to, or in any way
connected with the use of Valley Mali or any
conduct undertaken by City of Yakima/Karen Allen thereat.
City of Yakima/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 Valley Mall or any conduct undertaken
by City of Yakima/Karen Allen thereat.
Date: Z/
/ 4?y
Ge dial Manager
/1/1 /0-4•1 /IC
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:
1n am to q 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. Ali 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
Premises.
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.
Licensee