|
Control #: 130054
<br />Everett Mall
<br />—�LE[v�ent Agreement
<br />This Event Agreement ("Agreement") is executed on this . /" ' day of MARCH 20 23 ("Effective Date") between Jones Lang
<br />LaSalle Americas, Inc. ("Agent"). as Agent for Brixton Everett, LLC ("Licensor, "We", "Our", "Us"), and Everett Police Department ("Licensee", "You", or
<br />"Your"), You acknowledge that Jones Lang LaSalle Americas, Inc. is executing this Agreement solely in its capacity as managing agent for Licensor and not
<br />as a partner or joint venturer with Licensor. Notice addresses for each party to this Agreement are as follows:
<br />Licensee:
<br />Licensor:
<br />Agent Contact:
<br />Everett Police Department
<br />Brixton Everett LLC
<br />3002 Wetmore Ave
<br />1402 SE Everett Mall Way
<br />Everetl WA 98201
<br />Everett WA 482D8
<br />TEL 425-257.8412
<br />i
<br />By signing this document. We are giving You the limited, revocable license to temporarily use and occupy certain space in Our Shopping Center. You cannot
<br />transfer this right to anyone else. This Agreement does not give You a leasehold interest.
<br />I. THE EVENT
<br />You may occupy the Event Location (defined below) during the Event Period (defined below) only for the purpose of Eye ttLMMaILwilL_he the tryst of the
<br />college and career fair. The goal is to bring the Everett and the Snohomish County communities to the mall. (the "Event"), You may not use the Event
<br />Location for any other purpose without Our prior written approval, If You use the Event Location for some other purpose without Our approval, or fail to abide
<br />by Our operating rules, as set forth in Exhibit A hereto, You are required to pay us a fee of 55D.00 per day for so long as You continue to do so. Our right to
<br />receive this tee from You is in addition to any other rights or remedies We ma have under this Agreement, at law or in equity.
<br />11. EVENT FEE
<br />The fees payable for this Event (collectively the "Event Fee"), due date(s), and payment information are set forth in Exhibit A. The Event Fee and any
<br />additional charges payable to Licensor must be paid on or before the designated due dates and must be paid via certified check. Payments will be considered
<br />"made" when We actually receive them. Any overdue amount from You will accrue interest from the date due through the date of payment at the rate of 1 1/2%
<br />per month or the highest rate permitted by law, whichever is less. In addition to interest, if any of Your payments hereunder is more than 10 days late, You must
<br />pay Us a late charge equal to 5% of the amount due or 550.0D, whichever is greater. Your payment of interest and late charges will not prejudice Our rights to
<br />pursue other remedies available under this Agreement, at law or in equity.
<br />III. EVENT LOCATION
<br />You have the right to occupy the following space (the "Event Location"): T9999, which s located at Everett Mall (the "Shopping Center"). !headdress and
<br />telephone number of which are: 1402 SE Everett Mall Way, Everett, WA 98208.
<br />The Event Location is shown on the attached site plan for the Shopping Center (see Exhibit D). The Event Location is subject to Our review and approval at all
<br />times.
<br />we cannot guarantee any particular location. and may require that the
<br />Event Location be changed one or more times duringthe Event Period.
<br />If We do require that You relocate, We will give You five (5) days prior written notice. If, after receiving such notice, You decide That you do not want to
<br />relocate, You may terminate this Agreement immediately upon written notice to Us, and We will reimburse You for the uneamed portion of the Event Fee (I1
<br />any). Such reimbursement fif any) is Your sole and exclusive remedy it You terminate because You do not agree to relocate.
<br />IV. EVENT PERIOD
<br />You may use the Event Location from May 20, 2023 (the "Commencement Date) until August 19 2023 (the "Expiration Date") (this entire period will be called
<br />the "Event Period"), unless this Agreement is terminated earlier by Us.
<br />WE HAVE THE RIGHT TO REVOKE OR TERMINATE THIS AGREEMENT AT ANY TIME FOR
<br />ANY REASON, OR NO REASON AT ALL, IMMEDIATELY UPON WRITTEN NOTICE TO YOU.
<br />V, EVENT ELEMENTS
<br />By the "Delivery Date" specified on Exhibit A, You must deliver to Us all materials fisted therein, which may include, without limitation, camera-ready artwork.
<br />advertising collateral, display or set designs, signs, copy, electronic files, activity plans and schedules, promotional materials and/or samples to be distributed
<br />and/or such other materials, logos. trademarks and designs to be used in connection with the Event (collectively, the "Event Elements"). for Our review and
<br />approval. We will review and approve or reject in writing, in Our sole discretion, all Event Elements. We reserve the right during the Event Period to reject any
<br />or all Event Elements for any reason or no reason, and to curtail or regulate any o' all Event Elements. We will provide to You the services specified cn Exhibit
<br />A in connection with the Event (the "Services").
<br />VI. ADDITIONAL PROVISIONS
<br />The Terms and Conditions and Exhibits A through D attached hereto are a part of this Agreement. Time is of the essence.
<br />IN WITNESS WHEREOF, the parties hereto have executed this Agreement through their duly authorized officers or representatives on the day and year
<br />written above.
<br />LICENSOR: Brixton Everett, LLC
<br />By: Jones Lang LaSalle Americas, Inc., Managing Agent
<br />By: it T"""' --�
<br />Print Na me: 4 /� /11 //6"),/
<br />Title: 6ee'L/44---i��y+� V-(gt '1
<br />VII. TERMS AND CONDITIONS
<br />Print Name:
<br />Title:
<br />City of Everett
<br />LICENSEE: Everett Police Department
<br />DBA: verettep lieep artment
<br />(arfie #-Nr Vft'
<br />By:
<br />Cassie Franklin
<br />Mayor
<br />1. Hours of Operation. The Event must be open for business during the hours set forth in Exhibit A. You must pay Us 550 per hour or part of an hour (up to
<br />a maximum of $300 per day) as liquidated damages and not a penalty for the times that the Event is not open and operating. as provided in Exhibit A. These
<br />liquidated damages are in addition to alt other amounts due under this Agreement You agree that this amount is a reasonable estimate of the damages that
<br />We would suffer if the Event is not open during the hours set forth in Exhibit A.
<br />2. Condition of Event Location. You have inspected the Event Location and accept it as is' and Where is` with no representation or warranty by Us as to
<br />condition, or its suitability or fitness for the Event. You understand that We have no obligation to Improve or repair the Event Location unless stet gd of
<br />elsewhere in this Agreement. At Your expense, You must maintain the Event Location in good, dean and safe condition and make all ne
<br />Page 1o'
<br />• w'S
<br />EVERETT a k.wth. citycr..t
<br />1s
<br />Licensor
<br />Licensee
<br />
|