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Home My WebLink AboutRES 16-195RESOLUTION NO. 16-195 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 a 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 at Parkdale Mall. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 11th day of October, 2016. i I %J, t w ayor Becky AYhes - RevigM 4/29&15 Fixture(s): OVH-102 CBL Agent: Michelle Richer-Mengetink Property Name: Parkdale Mall Project #: 100-0451 Deal Type: Ad Agency Name: SSQutheast Texas Auto Theft Task Force DBA: Southeast Texas Auto Theft Task Force Having offices at 2430 WCardinal Drive Suite C Beaumont TX 77705 Contact. Authorized Signatory Phone: 409-842-6341 Mobile: 4097473-5447 E -Mail: Agreement Duration: With respect to each License Area, Advertiser's tights under this Agreement, the payment of Minimum Fees, shall commence on the Start Date listed in the Terms Chart (the "Commencement Date'), and shall end on the End Date listed in the Terms Chart (the "Expiration Date'), unless the License referenced in this Agreement is revoked earlier by Owner. Use: an overhead panel measuring 144" x 30" dis lao vine public information regarding auto theft and safety roductim shinpine and installation charges to he paid by the mall Fixture Start I End OVH-102 9/1/2016 8/31/2017 Minimum Fee(s): Description Unit Start Date End Date Pee Total Fee Ad Panel OVH-102 09/01/2016 08/31/2017 $250.00 $3,000.00 Remittance Address: Park alc Mall CMBS. LLC PO Box 74942 Cleveland QH 44194-4942 OWNER shall permit the undersigned (hereinafter "Advertiser') to advettise at the above -referenced Property and in accordance with the description above as agreed by the parties hereto, and in exchange therefore, Advertiser shall pay to OWNER the Total Advertising Cost (referenced above) in equal monthly payments during the Term (as written above) commencing upon the "Due Date" referenced above. Advertiser shall pay promptly when due or make reimbursement to OWNER for all taxes imposed upon Advertiser's Total Advertising Cost, including, without limitation, all sales taxes, value added taxes, documentary taxes and other taxes assessed upon the consideration received by OWNER. Advertiser shall be in default under this Agreement if it fails to: (a) pay any sum due hereunder within five (5) days of the date such payment is required, and (b) comply with any non -monetary provision of this Agreement after five (5) days' notice from OWNER OWNER shall have the option immediately upon such default to terminate this Agreement and require that Advertiser pay any and all sums due hereunder and the costs and expenses of removing Advertiser's advertisements, and OWNER shall have such other rights and remedies, in law or in equity, as are allowable under applicable law. ' OWNER shall have the exclusive right over the location, size, content and manner of presentation of the advertisement. OWNER in its sole discretion shall have the right to remove, relocate, and/or to temvnate this Agreement for any reason on five (5) days prior written notice to Advertiser at any time during the term of this Agreement. On any such termination, OWNER shall refund to Advertiser any unused portion of Advertiser's Total Advertising Cost and such shall be the only payment and/or remedy due to Advertiser as the result of such termination. EXHIBIT "A" Revfwed 4/29/2015 If agreed upon by the parties, Advertiser will use the production company selected by OWNER to produce the advertisement, and Advertiser shall be responsible for the costs thereof. Advertiser shall pay production costs to OWNER upon execution of this Agreement and any other Material and/or Production Cost incurred during the term to OWNER within five (5) days of receipt of an invoice from OWNER Advertiser represents and warrants to OWNER, the Shopping Center and any affiliates of same, that Advertiser I, - I '- --4 exel 1sive to its r* has the permissiou to use the name and/or logo that the Advertiser shall utilize in conjunction with the advertisements under this Agreement Specifically, but without limitation, the Advertiser represents and warrants to OWNER, the Shopping Center and any affiliates of same, and directors, officers, employees and agents of any of OWNER, the Shopping Center and their affiliates that the use of the Advertiser's name and/or logo will not result in any trademark infringement or the violation'of any exclusive use as relates to Advertiser's name and/or logo. In the event a third party may bring an action for trademark itifringement or the violation of exclusive use as relates to the Advertiser's name, logo or other designation, __a .t _:_ a:_-- cc papelitat990-yeesftnthat Advertiser shall be solely responsible to such third party and fb& Advertiser, in the event such action by such third party shall be successful or a settlement of such action may be effected, fhM Advertiser shall be responsible for removing any logo or designation that may be required 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 any tenant or occupant of the Shopping Center. This Agreement and the application and interpretation hereof shall be governed exclusively by the terms hereof and in the event of any conflict, by the laws of the State where the property is located. All parties have contributed to the negotiation of this Agreement IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of Advertiser: Southeast Texas Auto Theft Task Force OWNER: PARKDALE MALL CMBS, LLC, a Delaware DBA: &utheast Texas Auto Theft Task Force limited liability aompmy By: CBL & Associates Management, Inc,, its managing agent By: _ Name: Title: (if applicable) Date: By: Name: Norma Garza Tide: Date: