HomeMy WebLinkAbout43891
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NO. 4 3 8 9
AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING
THE MAYOR AND CITY CLERK TO ACCEPT A DONATION OF FOUR
SCOREBOARDS FOR AUBURN GAME PARK PLAYING FIELDS FROM REDLEY
ENTERPRISES, INC., AND TO ENTER INTO AN AGREEMENT REGARDING
CONDITIONS OF THE DONATION.
WHEREAS, the City of Auburn desires to accept a donation
of four scoreboards from Redley Enterprises, Inc. and enter
into an agreement regarding conditions of the donation that
the City of Auburn install and maintain the scoreboards and
that the McDonald's logo be the exclusive advertising on the
four scoreboards for a period of twenty years or the life of
the scoreboard, whichever is less; and
WHEREAS, the City of Auburn has determined that such
donation with those certain conditions designated above is in
the best interest of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. PURPOSE. The purpose of this Ordinance is to
accept a donation of four scoreboards for Auburn Game Farm
Park playing fields from Redley Enterprises, Inc. and to enter
into an Acceptance and Agreement regarding conditions of the
donation which Agreement is attached hereto as Exhibit "A".
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Ordinance No. 4389
December 4, 1989
Page 1
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Section 2. ACCEPTANCE AND AGREEMENT. The City hereby
approves the Acceptance and Agreement attached hereto and
marked Exhibit "A" and is incorporated in this Ordinance.
Section 3. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry
out the directions of this legislation.
Section 4. This Ordinance shall take effect and be in
force five days from and after its passage, approval and
publication as provided by law.
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Ordinance No. 4389
December 4, 1989
Page 2
INTRODUCED: /0-?` /0 - f 9
PASSED:
APPROVED: `/4 �/
M A Y O R
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ATTEST:
Robin Wohlhueter, City Clerk
711 APPROVED AS TO FORM:
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Marguerite Schellentrager,
City Attorney
PUBLISHED: -,I
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Ordinance No. 4389
December 4, 1989
Page 3
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ACCEPTANCE AND AGREEMENT
ACCEPTANCE
THE donation of four (4) Fair -Play Model BA 7100
scoreboards with controller, connector set, cable and printed
advertising panel measuring two feet by fourteen feet (21x141)
from REDLEY ENTERPRISES, INC., a Washington corporation whose
address is 13635 Bellevue -Redmond Road, Bellevue, Washington
98005 to the CITY OF AUBURN is accepted on behalf of the CITY
by BOB ROEGNER, Mayor, with the provisions and requirements of
Section 35.21.100 RCW.
The City Council has determined and declares that such
donation conditioned on the following covenants and conditions
is in the best interests of the CITY.
AGREEMENT
THE ABOVE ACCEPTANCE AND THIS AGREEMENT is made and
entered into this ffitday of December, 1989, by and between
the CITY OF AUBURN, a municipal corporation of the State of
Washington, whose address is 25 West Main, Auburn, Washington
98001, herein referred to as "CITY11 and REDLEY ENTERPRISES,
INC., a Washington corporation duly licensed, whose address is
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Acceptance and Agreement - Redley
Ordinance No. 4389 (AA-R)
Page 1
December 1, 1989
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13635 Bellevue -Redmond Road, Bellevue, Washington 98005,
herein referred to as "REDLEY".
IN CONSIDERATION OF THE COVENANTS AND CONDITIONS
CONTAINED HEREIN, THE PARTIES AGREES AS FOLLOWS:
1. PURPOSE:
The purpose of this Agreement is the acceptance by
the CITY of four (4) Fair -Play Model BA 7100
scoreboards with controller, connector set, cable
and printed advertising panel measuring two feet by
fourteen feet (2' x 141) upon the covenants and
conditions set forth in this Agreement.
2. DONATION•
REDLEY will donate to the CITY four (4) Fair -Play
Model BA 7100 scoreboards with controller, connector
set, cable and printed advertising panel measuring
two feet by fourteen feet (2' x 141) for the four
game fields at Auburn Game Farm Park. REDLEY will
place the orders with the scoreboard supplier
directly and shall meet payment terms as prescribed
by the scoreboard supplier.
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Acceptance and Agreement - Redley
Ordinance No. 4389 (AA-R)
Page 2
December 1, 1989
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3. SERVICES PROVIDED BY CITY:
The CITY will install the four scoreboards and
advertising panel at the Auburn Game Farm Park and
the CITY shall be responsible for the maintenance of
the scoreboards and advertising panel.
4. SCOREBOARD LOGOS:
MCDONALD'S logo and the CITY'S logo will be placed
on the advertising panel of each scoreboard by the
scoreboard supplier as illustrated in the attached
Exhibit "A" which is by this reference incorporated
herein as if fully set forth. The scoreboard
supplier will also designate on each advertising
panel the park name and field number as illustrated
on attached and incorporated Exhibit "A". No other
advertising will be allowed on the scoreboard or
advertising panel.
5. TERM:
The term of this Agreement is for twenty (20) years
or the life of the scoreboard(s), whichever is less.
6. GENERAL PROVISIONS:
The following provisions shall apply:
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Acceptance and Agreement - Redley
Ordinance No. 4389 (AA-R)
Page 3
December 1, 1989
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A. No waiver by either party of any breach or
default hereunder shall be deemed a waiver of
any preceding or any subsequent breach or
default.
B. This Agreement may not be changed or modified
nor any provision thereof waived except in
writing agreed to by both parties.
C. This Agreement shall be construed in accordance
with any and all questions with respect hereto
shall be determined by the laws of the State of
Washington.
D. Either party agrees to pay all reasonable
costs, attorneys' fees and expenses that may be
incurred by the other party who prevails in
enforcing the terms of this Agreement.
E. Notices mailed pursuant to this Agreement shall
be mailed to the parties at the addresses set
forth above and shall be deemed given when so
mailed.
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Acceptance and Agreement - Redley
Ordinance No. 4389 (AA-R)
Page 4
December 1, 1989
1 CITY OF AUBURN
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4 M A O R
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7 ATTEST:
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10 Robin Wohlhueter, City Clerk
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12 APPROVED AS TO FORM:
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Marguerite Schellentrager,
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City Attorney
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BY:
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Acceptance and Agreement -
Redley
Ordinance No. 4389 (AA-R)
Page 5
December 1, 1989
REDLEY ENTERPRISES, INC.
Y
bfICHAEL ( . DAVIDSON
Vice Pr sident
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STATE OF WASHINGTON)
) ss
COUNTY OF KING )
On this day of 199D , before me,
the undersigned Notary Pub is in and for the State of
Washington, duly commissioned and sworn, personally appeared
MICHAEL R. DAVIDSON, to me known to be the Vice President of
REDLEY ENTERPRISES, INC., who executed the within and
foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation,
for the uses and purposes therein mentioned and on oath stated
that he is authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the date hereinabove set forth.
NOTAMY PUBLIC in and for the State
of Washington, residing at
MY COMMISSION expires: t'
1/6
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Acceptance and Agreement - Redley
Ordinance No. 4389 (AA-R)
Page 6
December 1, 1989
STATE OF WASHINGTON)
) ss.
COUNTY OF KING )
I, Robin Wohlhueter, the duly appointed, qualified City
Clerk of the City of Auburn, a Municipal Corporation and
Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full,
true and correct copy of Ordinance No. 4389 of the
ordinances of the City of Auburn, entitled "AN ORDINANCE."
I certify that said Ordinance No. 4389 was duly passed
by the Council and approved by the Mayor of the said City of
Auburn, on the the 18TH day of DECEMBER A.D., 1989.
I further certify that said Ordinance No. 4389 was
published as provided by law in the Valley Daily News, a
daily newspaper published in the City of Auburn, and of
general circulation therein, on the 27TH day of DECEMBER,
A.D., 1989.
Witness my hand and the official seal of the City of
Auburn this February 9, 1990, A.D.
Robin Wohlhueter
City Clerk
City of Auburn