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Home My WebLink AboutRES 17-193RESOLUTION NO. 17-193 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," with Parkdale Mall CMBS, LLC, in order for the Southeast Texas Auto Theft Task Force to maintain an ad panel display of public information at Parkdale Mall. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 26th day of September, 2017. Uj aoot%app Revised 4/29/2015 //COMMON AREA ADVEIMSTNG AGREEMENT// Fixture(s): CAS -01 OVI-1-102 CBL Agent: Inna Gagy Property Name: Parlcdale Alall Project M. 100-0451 Deal Type: Ad P e Agency Name: Southoast Texas Auto'lTheft Task Force DBA: Southeast'I'exas Auto Theft. Having offices at 2430 W. Cardinal Drive Suite C Beaumont, TX 77705 Contact: Authorized Signatory Phone: 402-812-6341 illobile: 409-473-5447 E-hfaih Agreement Duration; With respect to each License Area, Advertiser's rights 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 ptnel measuring 144" x 30" and an additional space for a display case with rolling loop TV screen displaing public information regarding auto theft and safety precautions. Fixture Start End CAS -01 9/1/2017 8/31/2018 OVI-1-102 9/i/2017 8/31/2018 Minimum Fee(s): Description Unit Start Date End Date Fee Total Fee Ad Panel OVH-102 09/01/2017 08/31/2018 $250.00 $3,000.00 Remittance Address: Parkdale A120 CNINS, LLC PO Bos 74942 Qyycland C H 44194-4942 O\XrNER shall permit the undersigned (hereinafter `Advertiser") to advertise 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 OWNF..R the Total Advertising Cost (referenced above) in equal monthly payments during the Terni (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 he 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-monetuy 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. A41 eouto and expenses, including ftteottneyh%-fees--catkad eests ter "u`r Aug eafleetion r inerAes dtie -+ k thitt QkWiRR tnayinetwin r_ - . he teems tnd proviSl6 er th �lbepaid bya 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 terminate 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, OVCTIER 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" Revised 4/29/2015 If agreed upon by die parties, Advertiser will use the production company selected by {OWER 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 I uterial and/or Production Cost incurred during the term to OWNER within five (5) days of receipt of an invoice from 0"1 UR. Advertiser represents and warrants to OWNER, the Shopping Center and any affiliates of same, that ' dver6see has the 5el - and excl •-: eights to its name a_a /ef !age has the permission tQ me the name and/or logo that the Advertiser shall utilize in conjunction with the advertisements under this Agreement. Specifically, but without limitation, the Advertiser rcpMescnts 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 infringement or the violation of exclusive use as relates to the Advertiser's name, logo or other designation, els# harmless nivn Tan ., Shoppinganyaftmee:f a vrs�-omeefs, em advertiser shall be solely responsible to such third party and that Advertiser, in the event such action by such third party shall be successful or a settlement of such action may be effected, that 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 pri-Mcges 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 confect, b)• the laws of the State where die Property is located. All parties have contributed to the negotiation of this Agreement IN WITNESS WHEItEOF, the parties have executed this agreement to be effective as of , Advertiser: Southeast Texas Auto Theft Taslc force OWNER: PARKDALE MALL CMBS, LLC,,a Delaware DBA: Southeast Texas Auto Theft limited liabilitTcompany By: CBL & Associates Management, Inc., its managing agent By: _ Name: Title: Date: (if applicable) By: Name: Norma Gam Tide: Date: Revised 4/29/2Ql 5 JZC'C)Mh-J0N ARRA ADVE,11-TtSTNG AGRF!" 'ti F?N_TL/- Fixture(s): C, � Ati--W. v--112 GBL Agent: lini Car Property Namc: Parkdale e Mal Project M 160-04S1 Deal Type: rid 211 Ec Agency Name: tiouthew Texas Auro Thp.ft'fask Force DBA: Sourhe@st Te\a9 Atlto Thch Having offices it_2.430 W. Cirdinal Drive Suite C Beaumont, TX 77705 Contact; Authorized Sitmatorn Phone: 409-842-6341 :Mobilc: 409-47.3-5447) -Mail: Agreement Duration: With -respect to each License Area, Advertiser'srights under this Agreement, the paynicnt.of Minimum.Fees, shall commence on the Start Date listed in the Terms Ch;irt (the'"Commencement Date"), and sliall end on Elie Lod Date listed in the Terms Chart (the "ExpicttionDate"), unless the License referenced in this Agreement isrevokedearlier by Qwner. Use: An overhead panel measuring 144" z 30" and am additional space fur a display case with rolling loop TC' screen displ, rvilIg public information ceparding;auto theft.ant-s,-L&4 l>recautians. Fixture Start Mid CAS-01 9/1 /2017 8/31 /2018 O\'1.1-102 9/1/2017 8/3,1/2018 Ivlininwin Pee(s): Description Unit Start Date Eud Date Fee Total Fee Ad. Panel O\'N-102 09/01/2017 08/31/2018 $250.00 $3,000.00 Remittance Address:' iPgrkdale Mall CMBS LLC PO Box 74912 Clevelan(I �M 44194-4942 O\YTNER shall permit the undersigned (hereinafter ":-Advertiser") to adverrise at the above -referenced Property and in accordance.with the 'descnpton.above iis agreed by the parties hereto, and'in exchange therefore, Advertiser shall jiap to OWNER the "Total Advertising,Cost (referenced, above) in equal mont Iy payments during the Temi (as written above) commencing. upon Elie. Mue 'Date referenced above. :Advertiser shall, jay 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 regitired, and (1)) comply with any non -monetary provision of this .agreement after Gve (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 slims due hereunder and Elie: costs and expenses of removing; Advertiser's advertisements,.and OWNER shall have such other rights and remedies, in law or in equity, its are allowable under applicable law. 111 eBstr n+3ti a 11lelises-ine,2idllt ar[OYney fCCG Rnd !E7" ""':sr ci'""r�r5 uri'e�,; ' ;r-purtiuing c-Alieetiet�ef-rxenie�-e4ti+e-t+l,cler�tHiy-:lgreerueftt;-eha• ••`v,-m.,z��.;ay-inc-ctr-ie-erg€r�reinh•-theacrcris-and-prr�visiarts-af�his-lgrectjjent-shall-he-prod OWNER shall have rho exclusive right over the locaduh, size, content and manner of presentation of the advertisement. O\\SLR in its solo discretion shall have the right to remove, relocate, and/or ro t n-nitrate this Agreement for any reason on five (5) days prior written notice to Advertiser at nay time during, the term of this Agreement. On any such ternunation, OWNER sha, refund to Advertser any unused portion of Advertiser's Total Advertising Cost,and such shall be the only payment and/or remedy due to Adverriser as the: result ofsuch termination. Revisedd 4/29/201 S f(agreed upon by the panics, Advertiser will use the production company selected by OWN TER to produce the advertisement, and Adv6dwr shrill he responsible for the costs thereof. Advertiser shall pay production costs to O\X'i` ER upon execution of ibis Agreement and any other c\dateri:d and/or Production Cost incurred during the tern, to O\\'1,11:R within five (5) claps of receipt of an invoice from ()\V lliR. Advertiser represents and warrants to OWNER, the Shopping (;enter and any affiliates of sank, that A&e'+iserN+t mite rile stttel ate+ lrisive right -tc3 i(s k1a eyt+3c rlHbe has tile permission to use the name and/or logo that the Adverriser shrill utilize in conjunction with tire adverri ements cinder this Agreement. SPecifieally, but without limitation, the Advertiser represents and warrants to OWNER, the Shopping Center and any affiliates of same, coil directors, officers, employees and agents of any of"O\\'N'frR, the Shopping,Center and their affiliates that (lic use of the Advertiser's name., and/or logo will not result in any .trademark infringement or the violation Pf any exclusive, use as relates to \dvertiser's name and/or logo. In the event a third party may bring an action for trademark infringcinent or the violation of exchtsivc:use as relates to the ,Advertiser's naive, logo or other clesignatiori,.. Ivertiscti�rrgrees t�ta it sltti4l it:cienrrt+fy a�rl field hih"4tt... QiVNRo � .the ; .�plFlb�-isEfiit'.r-ttHd ;tft}Laf�Js:tie:+-efit tie-atnd-tJteir-diteeterr;+;-r>ffieess; e:ttipiayees-;tricl-ttg�etrt;ritaitkhat Advertiser shall be solely, responsible. to such third party -and that Advertiser, in the event such action by such third party shall besuccessful or a settlement of such action may be effected, Thal rlclvci•tiser shall be responsible for rernoving any logo or designation that may be required to be removed and replaced as tli'c result of such action or settlement and all costs or expenses of such retitoval and replacement. This Agreement shall be subiccr to the rights and privileges of any tenant or occupant of the Shopping Center. Tltis Agreementand the application and interpretation hereof shall be governed exclusively by the terms hereof and in the event of any conflict, by the lays of the Stare where the Property is located. All parties hm%e contributed to the negotiation of this Agreemen 170 IN WI'1'NI SS WF1l R.F..OF, the parties havaexecuted tlus Agreement to be effective as of �"=— * 1 a G 7 Advertiser. Southeast Texas Auto Theft Tislc F I BA: S ourltenst 'Texas Auto Theft L— - B l Namc: —I (i C appit�ile) Date: OWNER: PARKDALE MALL CISIBS, LLG, a Delaware limited liability coninany By: CB L R ciates,lManagement, Inc., its managing agent By: Name: Norma Garza Title: J` Date:/�7