HomeMy WebLinkAboutRES 13-217 RESOLUTION NO.13-217
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary, specifically including an Common Area Advertising Agreement, substantially
in the form attached hereto as Exhibit 'A" in order for the Southeast Texas Auto Theft
Task Force to maintain an ad panel display of public information regarding auto thefts at
Parkdale Mall.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
I
October, 2013.
X 44
Ar 11
04hyor Becky Ames -
1p
COMMON AREA ADVERTISING AGREEMENT
Contact: Kyle Hayes,City Manager
Southeast Tcxox Auto Thull Task Force DB6: Southeast Texas Auto ThxQYo kynpc
FE1Nor SS:FIN: 74-WO00278
Address: 2430 W,Cardinal Cvi"o'Suite C.800vmont.TX 77705
Phone:409-673-5447 ,mxo@oibxuumooux.vs
Otbu|ntonrmboo: uo*dyxuo|divp}^yofpuhUcm/b,owovuro&v,diugoumtbnk
Agreement Duration: 9/|/2013m881/2014
CBL SalepAx,o, Dvrmm8p""a Property Name; Pn,kJilexfaU
o,ocrivd"w 1-8x Fixture Number; O78n2
5-t�rI111tu EUd LDbuQ Fee Total Fee ^
K{o^d`/yFe,(o): 9/1/2013 8/31/201* $260o0 $3`0no00
Descrintion Fee Beq-ticl Start Date End Date
Pn`J'yhovC"m nmnoD''vc|cgvnou S20Tj0 ONE 91/1/2013 8/3 1/2n4
xuua.00,zrec(s).
Remittance Address: nARKDALE MALI,CMBS'LLC,p.m. Box 7494z,Cleveland,0D44ly44o*a
OWNER shall permit the mxdum&mcd(homiuu8er^Advcmiao/')m advertise nt the above-referenced Property and b,uc,on|oncu with the
description above as agreed by the parties hereto,and in exchange therefore, Advertiser shall pay to OWNER tire Total Advertising Cost
(referenced above) in equal 111011thly payments during the Term(as writteri above) commencing upon the ",Start I)ate"referenced above.
Advertiser shall pay promptly when due or make reimbursement to OWNER for all taxes imposed upon Advertiser's Total Advertising
Cosi, including,without limitation,all sales taxes, value added taxes,documentary taxes and other taxes assessed upon theconsideration
received hyOWNER. Advertiser shall bob`default under this Agreement ifd fails to: (a)pay any suuo due hereunder within five (5)
days ofthe date such payment is required,and(b)comply with any non-monctary provision of this Agi cement after fi,o(5)days notice
firvm0YYMBK. OWNER shall have the option immediately upon such default \o terminate this Agreement and mquic that Advertiser
pay any and all `omx due hereunder and the costs and expenses ofm,noving Advertiser's advertise umuts, and OWNER shall have such
od`p/iKh,s xud `emvdiev, io law o,in equity,as are allowable under applicable law.
OWNER shall have the exclusive right over the location,size,content and manner of'presewation ofthe advertiserrient. OWNER in its
ccuom 6,,uuy /�000n on five (�)duyop,io,�hoon»o|o discretion obo|| have the fight m remove, r*|000,o, on�orvu terminate this A8,
uoucom Advertiser ot any time during the mnnof this xg,ounn% 0n any such termination, OWNER shall refund m Advertiser any
unused portion ofAdvertiser's Total Advertising Cost and such shall be the only payinent and/or reiriedy due to Advc-i-tiser as the result of
ouu|`tonduubm`-
(f^9recd upon by the po,bcx. ^U,mtiwr will use the production company selected by O\9N8D to pmdoo U'n udv,niunmxo/. uod
Ad,o,6^o/ xhoU be ,oyyvnoih|c k`, the costs thereof which obx|| hv for the om`odo|s cost boo*d on the size of the
advertisement (^^NxwduiuCuxt')and, if necessary, production costs uf$Z5 per I0Io and$75/hour (^Ymduc6011 Cuxu`1 for the /imr
expended m create and produce Uoadvertisement. Advertiser shall pay the materials cost m OWNER upon execution ofthioAgreement
mudAdvmrUop shall pay any Material xod/v,Pnoduc/iw` Cost to OWNER within five (5) days of receipt nfuv invoice for smcfrom
OWNED�
EXHIBIT "A"
Advettiscrrepresents and warrants mOWNER,tile 0oppingCenter/nd,nyoMates of same,that Admmiscr
name and/or logo hm-the-A4"n' that the Advertiser,hoU utilize io conjunction with the
udvcnisomnvu under this Agreement. Spcuidou}1}, but without limitation, tile Advertiser represents and warrants to 0WNSD' the
Shopping Center and any affiliatos of sanic,and directors,officers,employees and agents of any of OWNER,the Shopping Center and
their affiliates that the use ofthe Ad,cuioor`o name and/or logo will not result in any trademark iu6ngeu,m,u,U,rviolation uFooy
exclusive use mu relates m Advertiser's o"mc and/or logo. lo the event a third party may bring all action for undumark infringement o1'
the violation"fnxcluxivc Use as relates mtile Advertiser's name,logo««other designation,Advei-tiser agrees that it shall i.mdemolfj
aec4As-m)"hftt Adveitiser shall be solely responsible to such third party and t4tat Advertiser, in the event such action by such third
party shall be successful oi a settlement of such action may be effectcd,tb*t Advertiser shall be responsible for removing ally logo or
designation that may be requircc to be removed and replaced as the result of such action or settlement and all costs or expenses of
such removal and replacement. This Agreement shall be subject to the rights and privileges of ally tenant or occupant of the Shopping
Centel% This Agreement and the application and interpretation hereof sliall be governed exclusively by the terms hereof and in tire event
ofany conflict,by the laws of the State where tire Property is located. All parlics have cont'ributcd to the negotiation of this Agreement.
lN9//m88S WHEREOF the pmrties have executed this Agreement mbc effective oxof20U2.
xx~,,'*m, m"".timuus..*m.wn.^o'moi,worcv uv"u'! rAuuoALa MALL cmom,L/.c
By: CRT,*Associates Management,/nc,"mnag/,onm,
BY: BY:
w^o*. xr/�!x^ve, wnmo. u=|""xg="u
'ride: b me: jeaclal 1,
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