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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: . ~ .._~ q, .. ,.,.,,., ` ,- ~ , i ty C rk 1-12-73 2-6-73 f 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: .~ i ty rk STELLAR INDUSTRIES ,~T R. LEWIS G. eSPAI VERLY DeSPA -3- ~ '.iiirius 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. ~~.~~~• ~r UA W J VIV dcl,V.,IIV L. -~ 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 ~ ~ , ~ °' ~ a a3 ~ ~ ~ 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