HomeMy WebLinkAbout554RESOLUTION N0. 5 5 4
A RESOLUTION OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING AND DIRECTING THE
MAYOR AfVD CITY CLERK TO SIGN, ON BEHALF OF THE CITY, A FRANCHISE
AGREEMENT FOR THE PLACEMENT OF FIBERGLASS BENCHES IN THE CITY OF
AUBURN.
THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO HEREBY RESOLVE
AS FOLLOWS:
THAT the Mayor and City Clerk of the City of Auburn, Washington, be and
they are hereby authorized and directed to enter into a Franchise Agreement
wherein STELLAR INDUSTRIES agrees to place fiberglass seats and benches within
the City Limits of the City of Auburn. A copy of said Franchise Agreement is
attached hereto, designated as Exhibit "A" and made a part hereof as though
set forth herein in full.
DATED and SIGNED this 5TH day of FEBRUARY, 1973..
CITY OF AUBURN
By
A 0 R
ATTEST:
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1-12-73
2-6-73
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FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT made and entered into the da,y and year hereinafter
set forth, by and between DR. LEWIS G. DeSPAIN and BEVERLY L. DeSPAIN, his wife,
doing business as STELLAR INDUSTRIES at 2715 S.W. 322nd Street, Federal 'vJa,y,
Washington, 98002, hereinafter referred to as "THE COMPANY"and THE CITY OF
AUBURN, WASHINGTON, a non-chartered Code City, operating under the la~.~vs of the
State of Washington, hereinafter referred to as "THE CITY":
W I T N E S S E T H:
The Company desires and the City is willing to allow the Company to provide
attractive new fiberglass comfort seats bearing advertising layouts not exceeding
700 square inches for each location owned by the City during the term and any ex-
tension of this Agreement in accordance with the following terms and conditions:
1. That any and all seats provided by the Company shall be substantially
constructed and attractive. The Company will provide any repairs and/or replace
said seat or seats when notified in writing that repair or replacement is required,
all without cost or expense whatsoever to the City. If the Company shall fail to
correct a designated condition or correct a breach of any of the conditions of this
Agreement within ten days after written notice of such condition or breach the City
may then cancel this Agreement and require the immediate removal of said seats from
all locations, said removal and costs thereof to be paid for by the Company.
2. The Company agrees that the advertising on said seats will contain
no ads for tobacco or alcoholic beverages; and, if any other advertising is found
objectionable by the City, the Company will, after receipt of written notice thereof,
immediately remove it.
3. The Company shall have the exclusive right to install or change ad-
vertising in or on said seats during the term and any extension of this agreement.
4. For and in consideration of the mutual promises and the other con-
siderations herein recited, the Company herewith agrees to hold harmless and in-
demnify the City from any and all liability that might be incurred or claimed as
Redraft (3)
2-2-73
r
a result of the placement of the Company's seats and benches under the terms
of this Franchise Agreement, provided, however, during the term of this Franchise
Agreement the Company shall retain in force a comprehensive general liability in-
surance policy with minimum limits of $100,000 each person, $300,000 each accident
or bodily injury, and $50,000 property damage. Provided further, that in addition
to said general liability coverage the Company shall further indemnify and hold
harmless the City from any and all claims and expenses for attorney's fees and
court costs arising from the installation, maintenance and use of said seats and
benches.
5. This Agreement shall remain in force and effect during a five (5) year
period commencing on the 5th day of February, 1973, and ending on the 6th day of
February, 1978; provided, however, the Company shall, subject to approval by the
Auburn City Council, have the option of renewing said Agreement for additional five
(5) year periods after the expiration of said initial five (5) year periods by the
company's exercising its privilege of requesting a renewal of said contract in
writing, at least ninety (90) days prior to the expiration of the initial five (5)
year period or ninety (90) days prior to the expiration of any five (5) year ex-
tensions thereof.
6. In addition to the cancellation rights set forth in Paragraph I of this
Franchise Agreement, the City shall have the right to cancel this agreement anytime
after the end of the first year of the initial five (5) years under this Agreement
without giving reason for such cancellation, provided, however, that the City gives
the Company written notice of the intent to cancel thirty (30) days prior to said
cancellation.
7. All written notices required herein shall be sent by registered or
certified mail to the Company at 2715 S.W. 322nd Street, Federal Way, Washington,
98002, or to the City at the Auburn City Hall, 20 A Street Northwest, Auburn,
Washington, 98002.
Redraft
2-7-73
-2-
8. .The bench locations will be approved by the Street Committee prior
to the benches being placed.
9. The City will be authorized to temporarily relocate benches when
conditions warrant.
10. A statement of the name of the advertiser or community service message,
not exceeding letters two (2) Inches high, for a maximum of two lines, will be
allowable on the back of the benches.
_/IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
~1.~ day of ~ 1973.
CITY OF AUBURN
By • ,~
~ 0 R
ATTEST:
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STELLAR INDUSTRIES
,~T
R. LEWIS G. eSPAI
VERLY DeSPA
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f~a. .a s~~i~,~d~~~, ~, co.aEaco, itic *r , , * DAWSON&CO.,INC.
S~kETY BOtiD~'1G
CERTIFICATE OF INSURANCE
This is to certify that the insurance described below has been arranged for the Insured designated in this certiFcate. Any requirernents or
provisions in any contract or agreement between the Insured and any other person, firm or corporation will not be construed as enlarging,
altering or arnending the definition of insured or any other terms or conditions of this certificate or the insurance designated. Such
insurance, subject to the limits of liability, coverage, hazards, exclusions, provisions, conditions and other terms thereof, is in full force and
effect as of the date this certificate was issued.
Name of Insured Gail Despair g, Beverly Despair dba Stellar Indastri es
Address of insured 2715 S. ~^T. 322nd Street, Federal 'v~iw, ~'iashir.ton X0002
Bodily Injury Liability Insurance -Other Than Automobile
I~"aryland Casualty Company 2-22-77 GL2~2~- ~'' "0
Primary Insurer Expires Pol. No. --J ~
Limits $ ,,00,000.00 Each Person $_ X00,"00`00 Each Occurrence $ 30,000.00 Aggregate
Excess~tnsurer Expires Pol. No
Limits $ Each Person $ Each Occurrence $
Total $ _ Each Person $ -.Each Occurence $ Aggregate
Bodily Injury Liability Insurance -Automobile
I~'Ia.ryland Casualty Company 2-22-77 GL?822+ 3J 70
Primary Insurer Expires Pol. No.
Limits $ 100,000.00 Each Person $ ,00,000.00 Each Occurrence_
Excess Insurer Expires Pol. No
Limits $ Each Occurrence Each Occurrence
Total $ _ Each Person $ Each Occurrence
Property Damage Liability Insurance -Other Than Automobile
Primary Insurer D~.ryland Casualty Company Expires 2-22--77 Pot. No. CrT2i?2~J. 33 70
Limits $ 50, 000' 00 Each Occurrence 50 000.00 .Aggregate
Excess Insurer.
Ex
Pol. No
Limits $ Each Occurrence Aggregate
Total 5 Each Occurrence Aggregate
Property Damage Liability Insurance -Automobile
Primary Insurer P~y.r~Tland Casualty COmpany Expires 2-22-77 Pol. No. CrT282t!- ~~ 70
Limits $ 50,000.00 Each Occurrence
Excess Insu
Limits
Total
Occurrence
Occurrence
Expires Pol. No
NlorkmensCompensation, Including Longshoremen's and Harbor Worker's Act
Ensurer Expires Pol. No.
Emp. Liability Limit Each Accident
In accordance with the above, the insurance covers the operations and locations described as follows:
Any And All Operations
This certificate is not a policy and does not afford any insurance coverage. Nothing contained in this certificate shall 6e construed as extendir
coverage not afforded by the designated insurance or by endorsement thereto.
In the event of cancellation of the insurance as shown herein the issuing company will give Ten (10~ day written notice by ma
to the holder of this certificate.
Date February 12, 197zE
City Attorne~r
To CitTr o£ Auburn
Address Auburn, j~7ashini;ton
DAWSON&CO.,INC.
~_ DAWSON&CO FAL KA,INC.
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DAWSON&CO.,INC.
.
1 ~NSU4AN~f SEATTLE OFFICE
®* 401 Second Avenue West
' Seattle, Washington 98119
JURFTY ~ONO~NU Phone: (206) 284-6300
Telex 32-0215
A Subsidiary of COMER
t~
March 15, 1973 ~ ~
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To: City Attorney ~ `''
City of Auburn ~~ ~~
Auburn, Washington ~ 1
Re: Gal DeSpain
GL48207028
Gentlemen:
We are pleased to enclose doctunents indicated below:
X Certificate of Insurance
Memorandum of Insurance
Original Policy (As Captioned)
Copy of Policy (As Captioned)
Loss Payable and/or Mortgage Clause
Contract of Sale Clause
Cover Note and/or Binder
Other
The enclosed is issued in connection with:
Construction of Benches
We trust you will find the enclosures to be entirely satisfactory.
Very truly yours,
RAO:ew
encl.
THIS IS TO CERTIFY THAT THE COMPANY INDICATED BY AN "X"' HAS ISSUED THE POLICY OR POLICIES
LISTED. THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS
OR ALTERS THE COVERAGE AFFORDED BY SUCH POLICY OR POLICIES.
NAME AND ADDRESS OF IN6URED:
GAIL DESPA I N The Ma land
2715 S.W, 322ND STREET /}}(yy([
FEDERAL WAY WASHINGTON ~V002 MARYLAND CASUALTY COMPANIES
' Bn~TienORE • MEm BE RS O Th'E
AMERICAN GENERAL GROUP
ISSUED AT REOU EST OF:
CITY ATTORNEY ~
CITY OF AUBURN
AUBURN WASHINGTON
TYPE OF INSURANCE POLICY NUMBER POLICY PERIOD LIMITS OF LIABILITY
vORKMEN'S COMPENSATION AND STATUTORY WORKMEN'S COMPENSATION
EMPLOYERS' LIABILITY
, O O O EMPLOYER'S LIABILITY
GENERAL BODILY INJURY
LIABILITY
GL 4820702° - -73 TO EACH OCCURRENCE AGGREGATE
02_2
2_74 $ 300 ,ooo $300 ,ooo
GENERAL PROPERTY DAMAGE . EACH OCCURRENCE AGGREGATE
LIABILITY I I
__-___-_---_ I I
~ 50 , 000 $ ~, ooo
AUTOMOBILE BODILY INJURY ~' EACH PERSON EACH OCCURRENCE
LIABILITY ~~ ~
O O O ~
O O O
-- ~ ,
,
AUTOMOBILE PROPERTY DAMAGE i EACH OCCURRENCE
LIABILITY
$ ,000
CHECKMATE POLICY (BLANKET EACH OCCURRENCE AGGREGATE
EXCESS LIABILITY COVERAGE) - --- ~ O O O ~ , O O O
Such of the following extensions of coverage are in effect as are indicated by
GENERAL LIABILITY
COMPREHENSIVE POLICY FORM
^ EXPLOSION AND COLLAPSE HAZARD EXCLUSIONS DELETED
^ UNDERGROUND HAZARD EXCLUSION DELETED
^ BROAD FORM PROPERTY DAMAGE LIABILITY COVERAGE
~I CONTRACTUAL LIABILITY (AS DEFINED IN POLICY)
~] PRODUCTS AND COMPLETED OPERATIONS COVERAGE
AUTOMOBILE LIABILITY
^ COMPREHENSIVE POLICY FORM
^ EMPLOYER'S NON-OWNERSHIP AND HIRED AUTOMOBILE COVERAGE
DATE
IN THE EVENT OF CANCELLATION OF THE INSURANCE THE COMPANY AGREES TO GIVE i 5 DAYS
NOTICE TO THE PARTY AT WHOSE REQUEST THIS CERITIFCATE IS ISSUED.
03 - 05 - 7 3 N B By ~-~.- ~.~~ ~ ~~~.-r-+-~/
DAWSON AA4,ilioriz~g~[~,e~r~~eq;ati~eNC ,
3499 Ed. 1-73
DESCRIPTION AND LOCATION OF OPERATIONS TO WHICH ABOVE POLICIES APPLY:
CONSTRUCTION OF BENCI-IES