HomeMy WebLinkAboutRES 11-351 RESOLUTION NO. 11-351
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager is hereby authorized to execute all documents necessary to
continue a License Agreement between the City of Beaumont and Parkdale Mall CMBS,
LLC, by CBL&Associates Management, Inc.,forthe Police Substation located at Parkdale
Mall. The agreement is substantially in the form attached hereto as Exhibit"A" and made
a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
December, 2011.
g - yor Becky Ames -
��1
Revised: 12/31/2009
Project ID# 100.451
Deal Type: Ftdilhe Lease ID:
Unit: 1-1-848
Ag cement'fyne, Renewal
PHiS LICI NSI.i is made this day of 20—by and between PARKi?AiJ
MALL CMR.S,11C C by C13L dr Associates Management Inc.,its managing agent,( censor')and lanry of
Besuuuint,a(n)Grnerrnent incorpnrated in die state of,-M having offs-es ai')2S Cn(e, Beaumont.
TX 77701 Attn: Kyk I layca.Phone: 409-880-3801 FAx:409.880-3844,("Licensee").
It is understood and agreed that this Agreement is,and is intended to be a License,granting the
licensee permission to engage in certain acts upon the Licensor's premises, subject to the terms,
conditions and limitations set forth herein. Licensor does not grant Licensee any permanent interest in
Licensor's premises,land,building or other realty whatsoever,nor shall any other relationship between the
parties,including,but not limited to that of landlord and tenant be implied or created by virtue of this
Agreement. The license granted by this Agreement may not be sold,assigned,transferred,mortgaged,
pledged or transferred by Licensee.
in consideration of die agreernents set forth herein the parties agree:
1. i icta Am Licensee's rights,duties and obligations under this Agreement shall be limited
to the specific area containing approximately 799 HR square feet of floor area,as identified on Exhibit A.
attached hereto and made a part hereof C Ficensc Area'), in Parkdak MAIL Reammont.TX. (Ilse
"Shopping Center')located at 6155 l astex Freeway,Suite 200,Rcaumont,'I`X 77706.6797(Payment
remittance address: PARKDALS MAIL CMBS,LLC, P.O.Box 74942,Cleveland,OH 44194-
4942). Licensee shall have no right to use any other area of Licensor's premises,otter than common
areas open to the general public.
2. Duratinn. licensee's rights under this Agreement shall commence al the earlier of:(a)
10/112011 or(b)the day Licensee opens(the"Commencement Date'),and shall end on 9130/2012(the
"Fi'xpiration Date'), unless the License referenced in this Agreement is revoked earlier by Licensor.
Licensor shall not he liable to Licensee in damages or oththwise for any delay in the Commencement
Dme,regardless of cause.
'*Licensor or licensee may revoke this i.Icense Agreement at Any tile,with or wrtlout cause,
attd with sixh'(60)days advance written notice.
3. Ilaz The Ikense Area shall be occupied and used by the Licensee as approved by mall
management solely for the purpose of use ofytt{,g2ija (Space H-849) `Po,lke doatt"pt
substation for shift changes„report writing,Vh=wnrk.rte. The mn2ises shall not he used as a
WL and for no other purpose whatsoever.
Licenace shall store and/or stock in the License Area only such merchandise as Licensee is
permitted to offer for sale in the license Area pursuant to this Ucense. Licensee shall not violate
applicable federal,state,aid local laws prohibiting the sale or display of products,which infringe on the
trademarks or copyrights of others.
4. D/B/A,Ucensee shall occupy and use the license Area under the trade name of Gry of
Beaumont which shall not be changed without Licensor's prior written consent.
S. Fees: Licensee shall pay Licensor,without notice,demand or setoff,at the property office or
such otter location as Licensor may specify,by rerrified check or money order on or before the start
date of this aglecynenji,and on the First d&X of each month thereafter:
Bait Start D.21c Find Date &s Total Fee
(s)Minimum Fee(s): 14-8411 10/1/2011 10/1/2011 $110 $1.00
in addition io dhc I owl Nhnimum Fec set forth above,licensee shall pay to Licensor,die fallowing fees
in accord mcc with tilt schedule set forth below:
Description E= FrequepjW Start Date End Date
Additional
I ice/xl:
1
EXHIBIT "A"
G, llAMAQe Demerit. Licensee deposits herewith the sum of Si1.00„title uptn License ni n
unless otherwise note,tj- CWat�d).as a damage deposit which shall he applied towards&-es and other
chargers due under this Agreement said as a surety for tic performance by Licensee of the tcmis of this
License under which Licetwee may be in default or for any suer which Licensor may expend by reason
of Licensee's default in respect of any of the terms of this license including any damages which may
result to the License Area. Widiin thirty(30)days after die mpiratitm of the teen of this license there
shall be an accounting with payment to Licensor or reimbursement to Licensee,as the case may be,of
die aforesaid sum. in the event this License is ienninated, the damage deposit will be returned to
Licensee after deducting any sums due licensor. and not m est
trf•ntx>eortnpliltmc. , .
revenues with sales velaifieeWen signea by;,Wemsee ln flit last dey of 6eenseels iseetipme) tof 0 e 6eense
Aren. if 1:kemtsee does mice deliver mch siatement to to te,6aamsee sivall pay 6eeitter i"imedlaWy"poll
dse
request$60.00 lititti .
!'lie terni'Gm-.tq Sales"meamm the selling lofffiee 4 11 ntetehandise sold at d6yered in.a4 eit(w
Ifsil-i+,eln
eelleeNems*
teansme6e i i weladed wit'in G am Sale--, mit--meted. ig Wie selling priee-)F te el dise tells mtti by the
, I e0ter ell am smeh ender is Wed 6l tile bieense Are
6effalilt,te
filled at or from the 1:immie Areft-
keep at•tta7nnnerysd trfE
etee«tiw Free
9• RO{syation,ticcnsor reserves the right to move,relocate..,adjust or substitute the Uccluc area,
is Licensor's sole discretion. Licensor shall make every reasonable effort to do so in such a way as to be
least disruptive.to Licensee's business operations.
10. Revocation:The license granted by virtue of this Agremmsit may be revoked by Licensor,in
l icensor's sole discretion for any reason, including, but not limited to the Specific Grounds for
Revocation as set forth in paragraph 14 hereof,upon not less than twenty-four (?A)hours notice to
Licensee. Licensee shall not be entitled to reimbursement or compensatimr for any purported damages
or losses sustained as the result of any such revocation by licensor.
11. g-the
Rtes. 8"eh-inau
Licensee will provide"Self Insured"letter to Licensor,
perm ,
13. Liability of Licensor: Licensor shall not be responsible or liable for, and Licensee hereby
expressly waives,all claims against Licensor for injury to persons or damage to Licensee's property on the
License Area,regardless of the cause. Licensee's property in the license Area or die Shopping Center
shall be there at Licensee's sole risk. licensor,its agents,and employees shall not be liable for,and
Licensee waives,all claims for loss or damage to Licensee's business or damage to person or property
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sustained by Licensee or Any person claiming by,through or under Licensee resulting from arty accident
or occurrence in,oil,or about the license Area or any oiler part of de Shopping Center,including,
without limitation, claims for loss, theft, or damage resulting from O equipment or appurtenances
becoming out of repair,(ii)injury done or occasioned b)•wind or weather;(iii)any defect in or failure to
operate,for whatever Mason,mhy spnolder,heating,or air-conditioning equipment,electric wiring or the
installation thereof,gas,water,or steam piles,stairs,porches,railings,or walks;(iv)broken glass;(h')the
backing up of arty sewer pipe or downspout; (vi) de bursting, leaking, or running of any tank, tub,
washstand,water closet,waste pipe,drain,or odor pipe;(vii) the escape of steam or water,(viii)water,
snow,or icc being upon or coming through the roof,skylight,trap door,stairs,doorways,windows,walks,
or may other place upon or near the Shopping Center,(x)the falling of any fixture,plaster,tile,stucco,or
odor material;(x)any act,oniasion,or negligence of other licensees or ally other persons or occupants of
die Shopping Center or of adjoining or contiguous buildings,of owners of adjacent or contiguous property,
or the public,or by operations in the construction of any private,public,or quasi-public work;or(xi)ally
other cause of any nature. To the maximum extent permitted by law,Licensee agrees to use And occupy
the License Area,and to use such other portions of the Shopping Center as Licensee is herein given the
right to use,at Licensee's own risk.
14. Spgcifie Grounds for Revocation: If, (a) Licensee fails to perform any of the terns,
conditions,or covenants of this license;or())in the event there shall be filed by,or against,Licensee in
any court pursuant to any statute,either of the United Stares or any State,it petition O in bankruptcy,(ii)
Alleging insolvency, (iii) reorganisation, (v) appointment of a receiver, (v) any arrangement of the
bankruptcy acts,or a similar type of proceeding;or(c)Licensee fails to pay,when due,any payment
required hercwndcr;or(d)Licensee abandons or vacates die License Area;or(c)in de event of any odor
default lay Licensee;ten in any such event Licensee's rights hereunder shall cease and.Licensor may at
in option(1)have the right to immediately revoke and terminate this License,apd upon demand Licensee
agrees to immediately surrender possession of the license Area to the Licensor;(2)make demand for
immediate payment of alt current and future rent and any other monetary obligations due hereunder,(3)re-
enter the License Area and remove all persona and/or Any property therefrom,by any suitable action or
proceeding at law. All rights mid remedies of Licensor herein or at law And in equity arc cumulative. If
Licensor,at its sole discretion,determines it is necessary to engage attorneys to enforce Licensor's rights
hereunder,Licensee will reimburse Licensor for reasonable attorney's fees And court costs. With respect
to Any litigation arising out of this License Agreement,Licensee hereby expressly waives de rigtu in a trial
by jury and the tight to file noncompulsory countersuit or crossclainn against Licensor.
15. Obli dons Upon Revocation: Upon service of die notice required by above Paragraph 10,
Licensee shall:(a)remove all of Licensee's property,including,hot not limited to inventory mid trade
fixtures from Licensor's premises within the time period set forth in the notice;(b)upon demand of
Licensor,pay all current and future charges due under this Agreement;(c)reimburse Licensor for all
reasonable attorney fees mid court costs incurred as the result of Licensor enforcing its sights under this
Agreement. Ucensoes rights and remedies under this Agreement are cumtdative and Licensee's failure to
assert ally claim allowed under this Agreement at any time shall not be construed as a waiver of the same.
16. Dauaagc; 'ilhis License shall be revoked automatically if Any portion of the License area
is damaged by lire or other peril, regardless of the cause. Licensee shall have no recourse against
Licensor as a result of damage due to fire or any other peril.
17. Liability, 7licre shall be no personal liability of Licensor with respect to this Licensc, if
a breach by licensor occurs,licensee shall look solely to the equity of Licensor in die Shopping Center
for the satisfaction of Licensee's remedies.
18. Provisions: Licensor is or niay be a party to certain documents,as amended from tine to
time,with a mortgagee or beneficiary of Licensor,department stores,mall tenants,and others. 'phis
license is subject and subordinate to all die provisions in those documents,as Amended from time to time.
19. TTepn&of greement: This License contains all the covenants, promises, agreements,
conditions, mid understandings between Licensor and Licensee. 'lliere are no other, titer oral or
written,between than other than those set forth in this license.
20. Obligation oil to i Expiration: Upon the Expiration Date of this Agreement,licenacc shall
immediately remove all of Licensee's property,including,but not limited to inventory and trade fixtures
from Licensor's premises and otherwise return the License Area to the same condition as it existed at the
Commencement Date hereof. If Licensee shall fail to do so,Licensor shall be entitled to additional fees
equivalent to one hundred twenty-five percent(125%)of die total Minimum Fee specified in Paragraph 5
hereof,assessed in daily increments as unc-thirtieth(1/30)of de total monthly amount. Licensee shall
also reimburse Licensor for any court costs mid reasonable attorney fees incurred as the result of
Licensee's failure to vacate the license Area upon the Expiration Date as set forth in Paragraph 2 hereof.
21. Liability of Licensor: 'lle temp "Licensor" means only die owner or mortgagee in
possession for to time being of the building in which the l ecose Area is located or the owner of a
leasehold interest in said building anti/or the band thereunder so that in de event of side of said building
and/or an assignment of this License by Licensor,add/or a demise of said building and/or the land,
Licensor shall he and hereby is entirely fired and relieved of all obligations of Licensor hereunder mid it
shall be deemed without further agreement bervcen the parties and such purehaser(s), sssignec(s),or
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Icssec(s) that the purchaser, assignee, or lessee has assumed and agreed to observe and perform all
obligations of Licensor hereunder.
It is specifically understood and agreed that there shall be no personal liability of Licensor(nor
Licenser's Writ,if ally)in respect to any of die covenants,conditions,or provisions of this Agreement;in
the event of it breach or default lty Licensor of any of its obligations hereunder.Ucensee shall look solely
to the equity of die Licensor in the Shopping Center for the satisfaction of Licensee's remedies.
In addition hereto,it is specifically understood and agreed that Licenser's riglits, privileges,
duties, Aid obligations ttnay be administered by Licensor's designee, including, but not limited to,
Licenser's agent,and that such designee shall have the full authority of Licenser hereunder to perform all
of Licensor's functions hereunder including,but not limited to,the execution of this license and any
other related documentation.
22. on•3&Lvef pjoviaion, 71ic failure of Licensor to insist upon performance of any
of the terns,conditions,and covenants hereof shall not be deemed to he a waiver of any tigins or remedies
that Licensor may have and shall not be deemed a waiver of any subsequent brciich or default in the terms,
conditions,and covenants herein contained.
23. Binding Agreement: This Agreement may not be modified in any manner other than by a
written agreement signed by Licensee and Licensor,or any successor,designee,or assignee of Licensor.
'Elie terns,conditions and covenants set forth herein shall inure to the lacnefit of and be binding upon
licensee and Licensor,or any successor,designee or assignee of Licensor.
24. ne ity„gn Requirements: All costs and expenses (including rnnits or licenses)
attributable to the construction of the License Area by Licensee shall be biome by licensee. Licensee
shall not commence construction of die license Area without first obtaining Licensor's Approval of the
location Aid design,nor prior to file execution of this license. Design criteria for die construction of the
License Area ate:
A. 'llit: kiosk/pushcart structure shall be limited to counter units with no overhead
obstructions that inhibit the visibility of tenants,licensees or other occupants in the
Shopping Center. Counter units shall not exceed 48"in height.
b. The kiosk/pushcart structure,if located in an open floor area,shall not be anchored into
the floor or other part of the Shopping(:enter structure. Ali area width of no less than
twelve feet (12'0") minimum shall be, maintained on all sides of the kiosk/pushcart
subject to traffic flow.
c. Water service and special HVAC Systems are not available. Heating,venting,and Fire
Protection Systems shall be that which is provided to common areas in the Shopping
Center.
d. Design criteria for all signs to be utilized at the license Area, kitsk/pushcart size,
construction,finish materials,Aid special equipment shall be evaluated specifically for
each individual licensee. Licensee shall submit plans for Licensor's review and
approval prior to construction and shall include pictures of any existing units of
Licensee's.
C. Licensee shall prepare its plans and perform all work to comply with all applicable
governing statutes,ordinances,regulations,codes,will insurance rating boards,and shall
apply for all necessary pemuts. Licenser's approval of licensee's plans shall not
relieve Licensee of its obligation to complete the development in accordance with this
license,nor does it relieve Licensee from complying with laws,ides,regulations,and
requirements of local governing authorities. Certificates of occupancy and waivers of
lien from Licensee's contractor,all subcontractors and material then shall be filed oath
Licensor upon completion of work.
f. Set up and tear down of kiosks/pushcarts shall take place when the Shopping Center is
not open for business,unless Licensor has agreed otherwise in writing. ror in-line
space,set tip nifty take place during mall hours,as long as it does not interfere in any
manner,including noise or dust,with mall business and the comfort of the patrons. A
black drape or equivalent,provided by Licensee,must be coveting bile entire storefront,
as to keep the intcaior design concealed until ready for business.
25. Permits, If there are any licenses, authorizations, or permits required by ally governmental
Agency or authority for the type of activity to be earned on at or for the use of the License Area,Licensee
shall be responsible for obtaining such. No unlawful activities shall be permitted in the use of the license
Area. The consumption or sale of alcoholic beverages on or froth the License Area shall not be permitted.
26. Visual Merchandising: Licensee slnslp comply wide the visual merchandising standards of
Licensor. Licensee understands anti agrees to implement visual merchandising recommendations of
Licensor acid change visual merchandising preservation as requested by Licensor.
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27. (etating RegLdrern ants:Licensee shall observe all Operating Rules for the Sliopping Center
and Licensee's occuptuuy therein which Licensor may promulgate from time to time,including but not
limited to:
A. Licensee shall use and occupy the License Area in a careful,safe and proper
manner and shall keep the License Area in A clean and safe condition in accordance
with this license,local ordinances,mid the directions of public officers.
b. All signagc located in slid upon the License Area shall be approved by
Licensor prior to installation or placement. All signs,placards,banners,pennants,
or other advertising matter shall be prepared in a professional manner slid in no
event shall be handwritten. Licensee shah display in approved sign depicting its
approved trade name.
Sign Criteria: Signs arc to be furnished and installed by Licensee and
approved by an agent for Licensor. Licensee'&sign contractor
or architect must submit a black and white rendering(specifying
PMS colors)of Licensee's sign prior to approval. Licensee's
sign shall be located within tie limits of Licensee's storefront
anti shall not project more than 8"beyond the storefront if the
Shopping Center is an enclosed mall,and not more ditto 12"
beyond the storefront if the Shopping Center is a strip center.
Sign Size:
ItfAlls:
Up to 30'storcfrone Capitals 18"
Lower Case 12"
30'-1"still greater: Capitals 24"
Lower Can:18"
Strip Centers:
kill to 30'storefront•. Capitals 24"
Lower Case 18"
30-1"and greater: Capitals 30"
i-chwcr Case 24"
'Ile length of Licensee's sign shall lie limited to 70% of Licensee's
storefront.
C. licensee shall not display merchandise on or outside the boundaries of the
kiosk/pushcart structure. 'Ilse outside areas immediately adjoining the License Area
shall be kept clear at all times by Licensee,and licensee shall not place nor permit
any obstructions,garbage,refuse,merchandise,or displays,or racks,in such areas.
d. All loading and unloading of goods shall be done only at itch tines,in the
areas,and through the entrances designated for that purpose by Licensor.
C. All garbage and refuse shall be kept in the kind of container specified by
Licensor,and shall be placed and prepared for collection in the manner and at the
times and places specified by Licensor. If Licensor shall provide or designate a
service for picking up refuse and garbage,Licensee shall use same at Licensee's
cost. Licensee shall pay the cost of remmal of any of Licensee's refuse and
garbage,and maintain all common loading areas in a clean manner satisfactory to
the Licensor. Licensee shall use any trash umtpactor Licensor provides for die
general use of Licensee or licensees in a designated area of the Shopping Center.
Notwithstanding de forgoing provision,if Licensee qualifies as It generator of
medical waste,then Licensee shall be solely responsible for causing compliance
with all federal,state and local laws,whether existing now or established in the
future, relating in any way to the storage, containment, treatment, transfer,
transportation and disposal of medical waste(including the use of licensed medical
waste management companies),and shall hold Licensor harmless fur Licensee's
noncompliance or violation thereof. For purposes hereof,"medical waste"means
ail'solid,semisolid or liquid waste,which is generated in the diagnosis,treatment
(e.g.,provisions of medical services)or immunization of human beings or animals,
in research pertaining t emto, or in the production or testing of biologicals.
"Generator"means any person or entily whose act or process produces medical
waste as lereinbefore defined.
f. No loudspeakers,televisions,phonographs,cd players,T)VD players,cassette
players,radios,flAshing lights,or other devices shall be used in a manner so as to he
heard or seen outside of tle License Area. No clectronic or communication devices
shall be used in the License Area or in connection therewith which interrupt or
nuerfetc with the use and mijoyment of clectronic or communicAtion devices of
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other occupants of the Shopping Center or of die neighborhood in which the
Shopping Center is located.
g. Licensee shall not conduct or pernnit any fire, bankruptcy, relocation,
liquidation,retirement,moving,auction,or"going out of business"sale(whether
real or ficmicws)in the Uccusc Area,or utilize any unethical method of business
operation. Licensee shall not use the license Area as a clearance, outlet or
wholesale center.
It. Licensee shall not carry on any trade or occupation or operate any instrument
or equipment,which emits an odor or causes a noise discernible outside of the
License Area.
I. Licensee shall not distribute any handbills or other advertising matter in the
Shopping(.:enter or on automobiles parked in the parking areas of the Shopping
(:enter.
j. Licensee and Licensee's employees shall not park their cars in those portions
of tine parking arca designated for customer parking by licensor. If Licensee or
Licensee's employees'park in portions of the parking area designated for customer
parking,Licensor may,in addition to its other remedies,have such cars removed at
Licensee's exlxnse.
k. Licensee and Licensee's employees shall maintain a near and appropriate
appearance ward dress,and are expected to operate in a dignified,ethical,manner.
1. licensee shall display its customer sales return policy.
Ill. Licensee shall not permit loitering al the liccnuc Area.
o. licensee shall furnish Licensor widt emergency telephone numbers and a
forwarding address.
o. Due to the lack of on-site storage facilities,acquisition of outside storage shall
be Licensee's responsibility.
P. Licensee shall he solely responsible for policing its location against theft.,loss,
or damage to its kiosk/pushcart and/or merchandise. Under no circumstance shall
Licensor be held liable for such theft,loss,or damage.
28. Conduct, Licensee shall at all times during its occupancy of the license Area
provide sufficient supervision and maintain adequate control of its employees,guests,and invitees.
29. $l;inoyalo Licensee shall at the Expiration Date or earlier revocation of this
License remove its Winds and effects,repair any damage caused by such removal,and peaceably yield up
die License Area clean and in good order,repair,and condition. Personal property of Licensee not
removed within two(2)days of such F-%piration Date or earlier revocation shall become the property of
Licensor,at Licensor's option without liability to Licensee therefore.
.M. Conduct and Alterations, Licensee shall not barn die License Area,commit waste,
create nuisance,make any use of die license Area which is offensive in Licensor',sole opinion,snot do
Any act tending to injure the reputation of ore Shopping Critter. Licensee shall not make alterations or
Additions to tie license Area,nor pen rut the making of holes in the walls,partitions,ceilings,or&ors,nor
permit the painting or placing of exterior signs,placatxls,or other advertising media,hanners,pennants,
awnings,aerials,antennas,or the like in or on the license Area,without the prior written consent of
Licensor which may be withheld in Licensor's sole discretion. Licensee shall comply with all laws,
ordinances,orders,and regulations AffeLling die Use or occupancy of the License.Area.Licensee shall not
violate applicable federal and state laws prohibiting die sale or display of products,which infringe on the
trademarks or copyrights of others.
31. Condifign of License Arcg; Licensee has inspected the License Area,and accepts it"as
is"with no representation or warruity by Licensor regarding the condition of the license Area or its
suitability for Licensee's use or occupation thereof Licensor has no obligation to repair the License Area
unless the obligation is set forth in this License.
32. Hours of Operation; 1lie license Area shall remain open for business at all times
designated by Licensor. Licensee shall operate in the entire License Area continuously and
uninterruptedly while this license is in effect,and in a first class manner.
33. Hazardous Material: Licensee shall not cause or permit any hazardous material to lh:
brought upon,stored,kept,used,or discharged on or ali nut the license Area.
34. Access to License Area: Licensor may enter the License Area at:any time.
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35. Condition of licence Area: licensee shall maintain,at its sole cost mid expense, the
License Area in good condition and make all necessary replacements and repairs to die Ucense Area except
for structural repairs. In addition to all other remedies of licensor,if Licensee does not complete its
obligations to repair and maintain the license Area,or if licensor,in die exercise of its sole discretion,
determines that esnegrsicy repairs are necessary,or repairs or replacement of any portilm of the license
Area or die Slopping Center are mark necessary by any Act,omission,or negligence of Licensee or its
agents,employees,contractors,or assignees,dwn in any such event,Licensor may make such repairs,
maintenance,or replacements without liability to Licensee for any loss or damage that may accrue to
Licensee,its merchandise,fixtures,or odor property,or to licensee's business by reason of such repair,
maintenance,or replacement. upon compkdon of msy such repair,maintenance,or replacement Licensee
shall pay upon demand,as additional fees,Licensor's costs for making such repairs,maintcnance,or
replacements together with Licensor's administrative costs related thereto which amount shall equal 1.5
times the total cost of the repair,maintenance,or replacement. Further oce,Licensee shall immediately
notify Licensor of any defects or unsafe conditions in die common areas immediately adjacent to the
License Arc-A.
16. G011fidandift" slid its agents a id colpleyeep shall keep and held in
the hieens d wal
37. Nnnprnhihitied Transaction$trosentatim licensee hereby represents and warrants
to Licensor that Licensee is no4 mid shall not become,a person or entity with whom Licensor is restricted
from doing business with under regulations of the Office of Foreign Asset Control (OFAC)of the
Department of the Treasury(including,but not limited to,those named on OFAC's Specially Designated
and Blocked Pcocns list)or under aoy stahite,executive order(including,but not limited m,the Septemher
24,20(11,Executive Order Blocking Property and Prohibiting Transactions With Persons)$io Commit,
Threaten to Commit,or SUpport TCrrori3m),or other governmental action and it not and shall not engage
in any dealings or transaction or be otherwise associated with such persons or entities.
IN WITNESS A1TFMr4'.0F,die parties have executed this agreement on the day and year first above
written,each acknowledging receipt of an executed copy hereof.
LICENSOR:
Associates hiai samenl Inc..ma!ianin:,r gam' f
Print Name: Kurt Lundgmen
Its:A utb rrirc 1 Spiatory
Date:
LICENSEE:
Gil,of Beaumont
74•W000279
By:
Print Name.Kyle Haves
Its:
mate:
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