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Home My WebLink AboutRES 18-208RESOLUTION NO. 18-208 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 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 28th day of August, 2018. 11 o" or B4c'ky Ames - ADVERTISING AGREEMENT CBL Sales Agent: Jana Gary Property Name(s): Parkdale Mall Project H(s): 100.0451 Client/Agency. Southeast Texas Auto Theft Task Force Advertiser. Southeast Texas Auto Theft THIS ADVERTISING AGREEMENT(the "Agreement), is made this _ day of _ by and between the parties listed below and referenced herein as Owner and Client This Agreement grants the Client permission to engage in certain acts upon the Owner's premises upon the terms and conditions set forth herein. In consideration of the agreements set forth herein and for other good and valuable consideration, the sufficiency of which Is hereby acknowledged, the parties agree: A Owner Payment Address Client Legal Entity. Parkdale Mall CMBS, LLC, a Delaware limited liability company Stze Legal Entity: Southeast Texas Auto Theft Task Force Mall Name: Parkdale Mall PO Box 5567, Carol Stream, I4 60197-5567 Advertiser. Southeast Texas Auto Theft Address: 6155 Eastex Fwy, Suite #200, Beaumont TX, 77706- 6797 Overhead Backlit Ad Panel Address: 2430 W. Cardinal Dr. Ste. C, Beaumont, TX 77705 Contact Jana Gary 08/31/2019 Contact Kyle Hayes Phone: 409-898-2224 Phone: 409-842-6341 Email:jana.gary@cblpropert;ies.com Email: BRYAN.SKINNER@BEAUMONTTEXAS.GOV B. Advertising Unit {;)_and Term: Campaign Start Date: 09/1/2018 Campaign End Date: 08/31/2019 Property Property Legal Entity Unit Media Type Stze Campaign Start Date Campaign End Date Parkdale Mall Parkdale Mall CMBS, LLC, a Delaware limited liability company OVH- 102 Overhead Backlit Ad Panel 144 in x 30 in 09/1/2018 08/31/2019 EXHIBIT "A" C ClgugSE Payment Schedule(s): Type Description Due Date Amount Total Additional Charges Amount 1$0.00 Property Description Unit # Due Date Advertising Charge Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 10/1/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 10/31/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 12/1/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 12/31/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102. 01/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 03/3/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 03/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 05/1/2019 $250.00 Parkdale.Mall 5600-5500 Business Dev - Ad Panel OVH-102 05/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 07/1/2019 1$2SO.DO Parkdale Mail 5600-5500 Business Dev - Ad Panel OVH-102 07/31/2019 $250.00 Parkdale Mall 5600-55.0.0 Business Dev - Ad Panel OVH-102 08/31/2019 $250.00 Total Media Amount $3,000.00 Additional Charge(s): Type Description Due Date Amount Total Additional Charges Amount 1$0.00 tal Contract Amount 5 To3,000.00 A. User OWNER 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 OWNER the Total Advertising Fees (referenced above) in accordance to the payment schedule 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 Advertisers Total Advertising Fees, including, without limitation, all sales taxes, received by OWNER There shall be a late charge of Two Hundred Dollars ($200.00) payable for Crient's failure to pay when due any installment of Fees or any other sum payable to Owner/Manager under the terms of this Agreement 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 Advertisers advertisements, and OWNER shall have such other rights and remedies, In law or in equity, as are allowable under applicable law. All costs and expenses, including attorneys fees and court costs, and costs for pursuing collection of monies due under this Agreement, that OWNER may incur in enforcing the terms and provisions of this Agreement shall be paid by Advertiser. 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, OWNER shall refund to Advertiser any unused portion of Advertisers Total Advertising Fees and such shall be the only payment and/or remedy due to Advertiser as the result of such termination. 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 has the sole and exclusive rights to its 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 Advertisers name and/or logo will not result in any trademark infringement or the violation of any exclusive use as relates to Advertisers 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 Advertisers name, logo or other designation, Advertiser agrees that it shall indemnify and hold harmless OWNER the Shopping Center and any affiliates of same and their directors, officers, employees and agents and that 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 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 Client/Agency. Southeast Texas Auto Theft Task Force Owner. Advertiser. Southeast Texas Auto Theft Parkdale Mall CMBS, LLC, a Delaware limited Lability company by CBL & Associates Management Inc, its managing agent Name: Kyle Hayes Title: Date: tdtps:llcblprod.ayudaclo d.com/Julcet#ExpoMackageld3801293-70te-4dD&Bee6-a2b905c=Oba By. Title: Date: ADVERTISING AGREEMENT CBL Sales Agent: Jana Gary Property Names) Parkdale Mall Project #(s):. 100-04S1 Client/AgencySoutheast Texas Auto Theft Task Force Advertiser. Southeast Texas Auto Theft � THIS ADVERTiSING AGREEMENT(the "Agreement'), is made this F day of and between the parties listed below and referenced herein as Owner and Client: This Agreement grants the Client permission to engage in certain acts upon the Owner's premises upon the terms and conditions set forth herein. In consideration of the agreements set forth herein and for other good and valuable consideration, the sufficiency of which is,hereby acknowledged, the parties agree: 1. Reference Provisions and Terms: A Parties and C nit information: Owner Payment Address Client Legal Entity: Parkdale Mall CMBS, LLC, a Delaware limited liability company Legal Entity: Southeast Texas Auto Theft Task Force Mall Name: Parkdale Mall PO Box 5567, Carol Stream, 14 60197-5567. Advertiser. Southeast Texas Auto Theft Address: '6155 Eastex Fwy.,,Suite #200, Beaumont, TY, 77706- 6797 Address: 2430W. Cardinal Dr. Ste: C,"Beaumont, TX, 7770S Contaet:Jana Gary Contact: Kyle Hayes Phone:409-898-2224 Phone:409-842-6341 Email: jana.gary@cblproperties,com Email: BRYANSIaNNEF C@BEAuM:ONTTEXAS.GOV B. Adv� i idve i idvertisirt s ng Unit(F) and Term: Campaign Start Date: 09/1/201B Campaign End Date: 08/31/2019 Property Property Legal Entlty Unit Media Type, Size Campaign Campaign Start Date End Date Parkdale Parkdale Mall CMBS, LLC, a Delaware limited liability OVH- Overhead Backlit Ad 144 in x 30 09/1/2018 08/31/2019 Mall company 102 Panel in Payment Schedule(s): Property Description Unit 9 Due Date Advertising. Charge Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 10/1/2018 $250.00 Parkdale'Mall 5600-5500 Business Dev - Ad Panel OVH-102 10/31/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102, 12/1/2018 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 12/31/2018. $250.00 ParkdaleMall. 5600-5500 Business Dev - Ad'Panel 'OVH-102. 01/31/2019 $250.00 Parkdale Mall 5600-5S00 Business Dev.- Ad Panel O.VH-102 03/3/2019 $250.00 Parkdale Mall 5600-5500 Business Dev— Ad -Panel OVH-102 03/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 OS/1/2019 1250.00 Parkdale'Mall 5600-5500 Business Dev - Ad Panel OVH-102' 05/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 '67/1/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 07/31/2019 $250.00 Parkdale Mall 5600-5500 Business Dev - Ad Panel OVH-102 08/31/2019 1$250.06 Total Media Amount 1$3,000.00 Additional Charge(s)r Type Description I Due Date lAmount Total Additional Charges Amount 1$0.00 Tatal Contract Amount $3,000.00 D. uses-, OWNER shall'permit-the undersigned (hereinafter "Advertiser'pto.advertise at the above -referenced Propertyand in accordance with the descriptiograbove�as agreed bythe parties hereto,=and in exchange therefore; Advertisershall pay to OWNER the Total,A'dvertising fees (referenced above) in accordance to the payment schedule as'written above) commencing upon the "Due Date' referenced above. Advertiser shall pay promptly when due or make relmbursement'to OWNER-for.all taxes Imposed upon Advertisers Total Advertising Fees, Including, Wthout'limitation, all sales taxes, received by OWNER There shall be a late charge of Two Hundred Dollars ($200.00) payable for Client's failure to pay when :due any installment of Fees or any other sum payable to Owner/Manager under the terms 'of'this Agreement Advertisershall 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 anynon-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. All costs and expenses, induding attomey's fees and court costs, and costs for pursuing collection of monies due under this nt; Agreemethat OWNER may incur in enforcing theurms and -provisions of this Agreement shall be paid by Advertiser. 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.Agreertfent.for any reason on five (5) days prior written notice to Advertiser at any time during the term of thisAgreement. On any such termination, OWNER shall' refund to Advertiser any unused portion of Advertisers Total Advertising Fees and such shall te the only payment and/or remedy due to Advertiser as the result of such termination. If agreed upon by the.parties, Advertiser will use the,production;company selected by OWNER to produce tthe.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 withinfive (S) days of receipt of an invoice from OWNER Advertiser represents and' warrants'to.OWNER; the Shopping Center and any affiliates of same, that.Advertiser his the sole and exclusive rights to its name and/orlogo 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 infringement or the violation of. exclusive use as relates to the Advertisers name; logo or other designation, Advertiser agrees that it shall indemnify and hold harmless OWNER, the'Shopping Center and any affiliates of same and their directors; officers, employees and agents and that 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 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 Propertyis located. All parties have contributed to the negotiation of this -Agreement: Client/Agency: Southeast Texas Auto Theft Task Force Owner. Advertiser. Southeast Texas Auto Theft, Parkdale Mall CMBS, LLC; a -Delaware limited liability company by CBL & Associates M. ,gem, Inc„ its managing agent NamcjK�yl�o�Hoyaf /� /0-s'--/y bllpfJftdplotl.ayudaakudfort✓JaIeeJAI?rpoJPadtppo/d38012BJ•701e-1dOB�Bee6•e2dPOSueOhp