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HomeMy WebLinkAbout2848 1 RESOLUTION NO 2 8 4 8 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, 4 WASHINGTON, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE BENCH CRAFT COMPANY TO PROVIDE CUSTOM 5 DESIGNED TEE-MARKERS AT THE AUBURN MUNICIPAL GOLF COURSE 6 7 THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A 8 REGULAR MEETING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS 9 Section 1. The Mayor and City Clerk of the City of 10 Auburn, Washington, are hereby authorized to enter into an 11 12 Agreement with the BENCH CRAFT COMPANY to provide custom 13 designed tee-markers at the Auburn Municipal Golf Course A 14 copy of said Contract is attached hereto, designated as 15 Exhibit "A" and incorporated by reference in this Resolution 16 Section 2 The Mayor is hereby authorized to implement 17 18 such administrative procedures as may be necessary to carry 19 out the directives of this legislation 20 21 22 23 24 25 26 Resolution No 2848 May 20, 1997 Page 1 1 DATED and SIGNED this 2nd day of June, 1997 2 3 4 CITY OF AUBURN 5 l 6 (110,i4ES 7 CHARLES A BOOTH MAYOR 8 9 10 11 12 ATTEST 13 14 I / 15 Robin Wohlhueter, 16 City Clerk 17 18 APPROVED AS TO FORM 19 20 ( 21 22 Michael J Reynolds, City Attorney 23 24 25 26 Resolution No 2848 May 20, 1997 Page 2 ORIGINAL • TEE MARKER AGREEMENT THIS AGREEMENT made and entered into this lB day of Stage, , 19 q - , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as "CITY," and BENCH CRAFT COMPANY, with its principal place of business at 1543 SW Alder, Portland, Oregon, hereinafter referred to as `CONTRACTOR,' regarding the Auburn Golf Course, located at 29630 SE Green River Road, Auburn, Washington, hereinafter referred to as "GOLF COURSE." This agreement is made with reference to the following recitals: A. CITY is the owner and operator of the GOLF COURSE which is situated in the City of Auburn, Washington, on land owned by the CITY B CONTRACTOR is engaged in the business of selling advertising to be placed on custom-designed tee markers upon said golf course. C. CITY is willing, on the terms and conditions which follow, to permit the placement of CONTRACTOR'S tee markers at the GOLF COURSE. NOW, THEREFORE, the parties hereto agree as follows: 1 CONTRACTOR shall place eighteen (18) new custom designed tee markers, per style TM-100 Cape Cod Gray, at tees and other locations on the GOLF COURSE as directed by the CITY Said tee markers shall contain the hole number, par, yardage, handicap, and overhead view of the hole whether the tee marker is to be placed. New tee markers will be in place by March 15, 1998 AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page I of 7 2. CONTRACTOR agrees to pay the CITY a one time signing bonus of Three Thousand Dollars and No Cents ($3,000 00) upon signature. 3 CONTRACTOR shall have the exclusive right to obtain sponsors or advertisers for each tee marker and to receive all proceeds from sponsors or advertisers CONTRACTOR secures. The Sponsor's advertisement on tee marker shall not exceed the size of 1.5 square feet. 4 CONTRACTOR shall be solely responsible for all costs of shipment of the tee markers to CITY 5 CONTRACTOR, at its sole cost and expense, shall promptly repair and/or replace any tee markers which become defaced or damaged during the term of this Agreement; provided that such repair or replacement will be completed approximately thirty (30) working days from notice. 6 CITY acknowledges that tee markers shall be provided on the basis that advertising is commercially available. 7 CONTRACTOR may replace the design or style of the tee markers upon receipt of prior written consent from CITY 8. CITY shall have the final right of approval of any or all sponsors and/or advertisers. The CITY will not approve tobacco or alcohol related businesses or products. 9 CITY agrees to complete golf course layout forms provided by CONTRACTOR, providing hole layout, par, yardage, and handicap information, within 20 days of receipt of request. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 2 of 7 10. Since other advertising being sold in conjunction with the golf course affects CONTRACTOR'S decision to enter into this Agreement and the CONTRACTOR'S ability to perform same, CITY agrees that, unless already existing, no other forms of advertising will appear outside the clubhouse at the golf course other than temporary tournament sponsor signs. 11 CITY shall not place any additional signs, posters, or hardware on the tee markers that could interfere with the function of the tee markers. In the event any tee marker is defaced or damaged as a result of unauthorized placement of any additional objects or writing upon any tee marker, CITY shall notify CONTRACTOR, in writing, of such defacement or damage and the need for maintenance or replacement. If such damage is caused by unauthorized placement of additional objects by GOLF COURSE, CITY will be responsible for costs of necessary repairs or replacement and will reimburse CONTRACTOR within thirty (30) days of request. 12. CITY may use said tee markers for the term of this Agreement at no cost to CITY, but, CITY shall not be responsible nor bear any obligation for art design, production material, advertising content, landscape photography, marketing production, defacement or damage, or cost associated thereto 13 This Agreement shall commence on January 1, 1998, and continue thereafter for five (5) years, and may be renewed for an additional five (5) year period upon mutual agreement by the CITY and CONTRACTOR six (6) months prior to the expiration of this contract. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 3 of 7 Any notices required or permitted under this Agreement may be personally served on the other party by the party giving notice or may be served by certified mail, return receipt requested, to the following addresses: CITY Parks and Recreation Department Attn: Director 25 West Main Auburn, WA 98001 Telephone: 253-931-3043 CONTRACTOR. Transportation Media, Inc. d.b.a, Bench Craft Company P 0 Box 343 Portland, OR 97228 14 CITY shall not reproduce and/or simulate any of CONTRACTOR'S tee markers, course information, or advertising signs. • 15 In consideration for the use by CITY of CONTRACTOR'S tee markers, CITY hereby permits CONTRACTOR, for the term of this agreement, to place appropriate tee markers at locations upon the Auburn Municipal Golf Course as determined by CITY'S Director of Parks and Recreation. 16. CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, and employees from and against any and all liabilities, losses, claims, demands, actions, or costs; including all costs of defense thereof, arising from, or in any manner connected directly with the design, advertising content, marketing, or placement (if determined by CONTRACTOR) of said tee markers. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 4 of 7 17 CONTRACTOR, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules, and regulations of the City of Auburn whether now in force or subsequently enacted, other than those that would nullify this Agreement. 18. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint-ventures with one another CONTRACTOR is not an employee of CITY and is not entitled to any of the rights, benefits or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation Insurance. 19 Neither CITY nor its officers, agents, or employees shall have any control over the conduct of CONTRACTOR, except as herein set forth and CONTRACTOR expressly agrees not to represent that CONTRACTOR is in any manner an agent, servant, or employee of CITY, and that CONTRACTOR'S obligations to CITY are solely such as are prescribed by this Agreement. 20 CITY agrees to provide CONTRACTOR and/or its agents access for CONTRACTOR'S vehicle (or use of an appropriate vehicle) for posting of signs and/or maintenance of tee markers. 21 In the event suit or action instituted to enforce this contract or any of its provisions, prevailing party shall be entitled to recover reasonable attorney fees and costs in all courts at trial and appeal. 22. This Agreement is complete in itself. It contains all of the terms of the Agreement and neither party will rely on any verbal representations, either expressly or AGREEMENT-BENCH CRAFT COMPANY Resolution No. 2848 Page 5 of 7 implied, not contained or specifically stated herein. This Agreement shall not be modified except by written agreement signed by Bench Craft Company and the undersigned CITY 23 This agreement shall be binding upon the heirs, successors, and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first written above. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 6 of 7 DATED this 1( ay .e 19 97 CITY OF AUBURN BY e-1100`Ls C-\ ` 42 TITLE: 9 ATTEST BY % TITLE: d t ;;¢¢;;y OVED i FM. BY/. / QR TITLE. City Attorney TRANSPORTATION MEDIA, INC. d.b.a. BENCH C ' = CO PANY BY TITLE. / - —.›/ e?c Z2 AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 7 of 7 BENCH CRAFT COMPANY A Division of Transportation Media, Inc. Custom Designed Benches Custom Designed Tee Markers May 2, 1997 City of Auburn 1.4/4/2 City Clerks Office /9,9? `S /9,9?Att: Dick Deal Y 25 West Main t/Os Q R/V Auburn. WA 98001 E/Ct Dear Mr. Deal, We are glad you have chosen the Bench Craft Co. as the supplier of tee signs to your course. We look forward to establishing relationships with the Auburn Golf Course and the local businesses in the area. I have enclosed a signed copy of the agreement for your records, and the check for the signing bonus. Also enclosed, are the forms for drawing the hole layouts. Please do the best job you can on them to help our graphic arts department. I have included a sample to get you started. Please specify the color you would like Also, indicate what you would like on your rules and regulations sign. If you have any questions feel free to call me. Sincerely, Jeff Moore Accounts Manager P.O. BOX 6343 (800) 824-8311 (503) 221-0022 PORTLAND, OR 97228 FAX (503) 221-9737 so -v Custom Designed Benches I BENCH CRAFT Co.© A Division of Transportation Media, Inc. Charley Cobb 2009 LLOYD CENTER PORTLAND, OR 97232 PORTLAND,P.O. box D, O (503)249-066PORTLAND, OR226 (800))6824-8311 (Except in Oregon) - (1137 ilettYlrerrk " ,1-ars�,, AUBURN CITY CLERK CHARLE;"�.BOOTH,MAYOR YSr .,fir g.fit Ropm Mm uetcr,City Clerk F ',3 'k t r'"" ''*4( } 25 West Main, Auburn,WA 98001 Dam Daskam, Deputy City Clerk tr��ti ,. a ; ' Our Clerk.(206)931 3039 Tame Bothell,Records/License Clerk r �'t Business Registration:(206)931 3007 Fax (206)931 3063 June 5, 1997 Transportation Media, Inc. d.b.a. Bench Craft Company PO Box 343 Portland, OR 97228 Dear Bench Craft Company The City of Auburn adopted Resolution No 2848 on June 2, 1997 authorizing an Agreement with the Bench Craft Company to provide custom designed tee- markers at the Auburn Municipal Golf Course A copy of Resolution No. 2848 along with two originals of the Tee Marker Agreement are enclosed Please sign the two original Agreements, retain one original for your records, and return a fully executed original to the Auburn City Clerk. Should you have any questions or comments with regard to the Agreement, please contact Parks and Recreation Director Dick Deal at (253) 931-3043 Sincerely, r� C.karkes. Charles A. Booth Mayor cc: Dick Deal, Parks & Recreation Director f'\clerk\records\R ES2848 TEE MARKER AGREEMENT THIS AGREEMENT made and entered into this day of , 19 , by and between the CITY OF AUBURN, a municipal corporation of the State of Washington, hereinafter referred to as "CITY," and BENCH CRAFT COMPANY, with its principal place of business at 1543 SW Alder, Portland, Oregon, hereinafter referred to as `CONTRACTOR,' regarding the Auburn Golf Course, located at 29630 SE Green River Road, Auburn, Washington, hereinafter referred to as "GOLF COURSE." This agreement is made with reference to the following recitals: A. CITY is the owner and operator of the GOLF COURSE which is situated in the City of Auburn, Washington, on land owned by the CITY B. CONTRACTOR is engaged in the business of selling advertising to be placed on custom-designed tee markers upon said golf course. C. CITY is willing, on the terms and conditions which follow, to permit the placement of CONTRACTOR'S tee markers at the GOLF COURSE. NOW, THEREFORE, the parties hereto agree as follows: 1 CONTRACTOR shall place eighteen (18) new custom designed tee markers, per style TM-100 Cape Cod Gray, at tees and other locations on the GOLF COURSE as directed by the CITY Said tee markers shall contain the hole number, par, yardage, handicap, and overhead view of the hole whether the tee marker is to be placed. New tee markers will be in place by March 15, 1998 AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 1 of 7 '2. CONTRACTOR agrees to pay the CITY a one time signing bonus of Three Thousand Dollars and No Cents ($3,000 00) upon signature. 3 CONTRACTOR shall have the exclusive right to obtain sponsors or advertisers for each tee marker and to receive all proceeds from sponsors or advertisers CONTRACTOR secures. The Sponsor's advertisement on tee marker shall not exceed the size of 1.5 square feet. 4. CONTRACTOR shall be solely responsible for all costs of shipment of the tee markers to CITY 5 CONTRACTOR, at its sole cost and expense, shall promptly repair and/or replace any tee markers which become defaced or damaged during the term of this Agreement; provided that such repair or replacement will be completed approximately thirty (30) working days from notice. 6. CITY acknowledges that tee markers shall be provided on the basis that advertising is commercially available. 7 CONTRACTOR may replace the design or style of the tee markers upon receipt of prior written consent from CITY 8. CITY shall have the final right of approval of any or all sponsors and/or advertisers. The CITY will not approve tobacco or alcohol related businesses or products. 9 CITY agrees to complete golf course layout forms provided by CONTRACTOR, providing hole layout, par, yardage, and handicap information, within 20 days of receipt of request. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 2 of 7 10 Since other advertising being sold in conjunction with the golf course affects CONTRACTOR'S decision to enter into this Agreement and the CONTRACTOR'S ability to perform same, CITY agrees that, unless already existing, no other forms of advertising will appear outside the clubhouse at the golf course other than temporary tournament sponsor signs. 11 CITY shall not place any additional signs, posters, or hardware on the tee markers that could interfere with the function of the tee markers. In the event any tee marker is defaced or damaged as a result of unauthorized placement of any additional objects or writing upon any tee marker, CITY shall notify CONTRACTOR, in writing, of such defacement or damage and the need for maintenance or replacement. If such damage is caused by unauthorized placement of additional objects by GOLF COURSE, CITY will be responsible for costs of necessary repairs or replacement and will reimburse CONTRACTOR within thirty (30) days of request. 12. CITY may use said tee markers for the term of this Agreement at no cost to CITY, but, CITY shall not be responsible nor bear any obligation for art design, production matenal, advertising content, landscape photography, marketing production, defacement or damage, or cost associated thereto. 13 This Agreement shall commence on January 1, 1998, and continue thereafter for five (5) years, and may be renewed for an additional five (5) year period upon mutual agreement by the CITY and CONTRACTOR six (6) months prior to the expiration of this contract. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 3 of 7 • �- Any notices required or permitted under this Agreement may be personally served on the other party by the party giving notice or may be served by certified mail, return receipt requested, to the following addresses. CITY Parks and Recreation Department Attn. Director 25 West Main Auburn, WA 98001 Telephone: 253-931-3043 CONTRACTOR. Transportation Media, Inc. d.b.a. Bench Craft Company P 0 Box 343 Portland, OR 97228 14 CITY shall not reproduce and/or simulate any of CONTRACTOR'S tee markers, course information, or advertising signs. 15 In consideration for the use by CITY of CONTRACTOR'S tee markers, CITY hereby permits CONTRACTOR, for the term of this agreement, to place appropriate tee markers at locations upon the Auburn Municipal Golf Course as determined by CITY'S Director of Parks and Recreation. 16. CONTRACTOR shall indemnify and hold harmless CITY, its officers, agents, and employees from and against any and all liabilities, losses, claims, demands, actions, or costs; including all costs of defense thereof, arising from, or in any manner connected directly with the design, advertising content, marketing, or placement (if determined by CONTRACTOR) of said tee markers. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 4 of 7 . l a a 17 CONTRACTOR, in the performance of the services to be provided herein, shall comply with all statutes, State or Federal, and all ordinances, rules, and regulations of the City of Auburn whether now in force or subsequently enacted, other than those that would nullify this Agreement. 18 Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint-ventures with one another CONTRACTOR is not an employee of CITY and is not entitled to any of the rights, benefits or privileges of CITY employees, including but not limited to medical, unemployment, or Workers' Compensation Insurance. 19 Neither CITY nor its officers, agents, or employees shall have any control over the conduct of CONTRACTOR, except as herein set forth and CONTRACTOR expressly agrees not to represent that CONTRACTOR is in any manner an agent, servant, or employee of CITY, and that CONTRACTOR'S obligations to CITY are solely such as are prescribed by this Agreement. 20 CITY agrees to provide CONTRACTOR and/or its agents access for CONTRACTOR'S vehicle (or use of an appropriate vehicle) for posting of signs and/or maintenance of tee markers. 21 In the event suit or action instituted to enforce this contract or any of its provisions, prevailing party shall be entitled to recover reasonable attorney fees and costs in all courts at trial and appeal. 22. This Agreement is complete in itself It contains all of the terms of the Agreement and neither party will rely on any verbal representations, either expressly or AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 5 of 7 • I. • implied, not contained or specifically stated herein. This Agreement shall not be modified except by written agreement signed by Bench Craft Company and the undersigned CITY 23 This agreement shall be binding upon the heirs, successors, and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed on the day and year first written above. AGREEMENT-BENCH CRAFT COMPANY Resolution No.2848 Page 6 of 7 9—(8.--- U4 XI C-(- i a0 WO U (---7 OA d O Z i 0 C-.) G.T l y z a ci U 0.1 F w 0 v G F N • 4J A 5. d f -{ U = U x F� _�3 V A a �N› w 'WZI xi H C W d 04 r- 0 nN �y W Jy N Qn G�t�'nP CHARLES A.BOOTH.MAYOR �'�� AUBURN CITY CLERK Robin Wohlhueter,City Clerk Auburn 25 West Main, Auburn,WA 98001 Dani Daskam,Deputy City Clerk 1 R/1.li City Clerk:(253)931 31139 Tamie Bothell, Records/License Clerk /Business Registration:(253)931 3007 Far:(253)288-3132 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 Resolution No. 2848 of the resolutions of the City of Auburn, entitled "RESOLUTION NO 2848 " I certify that said Resolution No. 2848 was duly passed by the Council and approved by the Mayor of the said City of Auburn on the 2nd day of June, 1997 Witness my hand and the seal of the City of Auburn this 5th day of August, 1997 isouzio Robin Wohlhueter City Clerk City of Auburn