HomeMy WebLinkAbout2015-136 Public Affairs - University Mall for County Expo Budget $500 t,
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LICENSE TO USE COMMON AREA SPACE
THIS LICENSE AGREEMENT made as of this 2nd day of January 2015 between University Mall by Madison Marquette
Retail services LLC as Managing Agent as"Licensor," and Orange County Government as"Licensee".
A. BASIC TERMS. The following terms shall have the following meaning throughout this Agreement.
1. Center: University Mall
2. Address of Licensor:
201 S. Estes Drive
Chapel Hill, NC 27514
Phone (919)945-1900
Fax(919) 967-5831
Contact: Beverly.Carr @MadisonMarguette.com
3. Address of Licensee:
200 S. Cameron Street
Hillsborough, NC 27278
Phone: 919. 245.2302
Contact: Carla Banks(cbanks @orangecountync.gov)
4. Owner: Madison University Mall LLC by Madison Marquette Retail Services, LLC as Managing Agent
5. Premises: Designated Common Area at University Mall—Interior common area space
6. Term: April 9, 2015, 6-9 p.m. (set up),April 10, 10 am—2pm
7. Fee: $500.00 to be paid by check
8: Activity/ Purpose: Government Month Expo
B. LICENSE. Licensor hereby grants Licensee the use of the Premises for the term set forth above, unless
terminated sooner in accordance herewith, subject to the terms and conditions hereof.
C. TERMS AND CONDITIONS. In consideration of the license granted, Licensee and Licensor agree to the following:
1. Purpose. Licensee shall use the Premises only for the purpose set forth in Section A.8 above and for no
other purpose.
2. Fee. Licensee shall pay to Licensor the fee, if any, set forth in Section A.7 above, which fee shall be paid by
check prior to use or promotion.
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3. Insurance. Licensee shall maintain in full force and effect, during the Term, public liability and property
damage insurance with respect to injury, death, or damage occurring at the Premises or arising out of
Licensee's use of the Premises or otherwise arising out of any act or occurrence at the Premises. Said
insurance should either (i) be in an amount of at least one million dollars ($1,000,000) combined single
limit or (ii) have limits of at least$1,000,000 for injury or death to one person and for each occurrence and
$500,000 for damage to property. Prior to the first day of the Term, Licensee shall furnish a certificate of
insurance evidencing that such insurance is in effect. Licensee hereby waives all subrogation rights of its
insurance carriers in favor of Licensor, Owner and Manager and their partners, officers, employees and
agents and such other parties as Licensor may have designated additional insured.
The policies shall name as additionally insured:
Madison University Mall, LLC
201 South Estes Drive
Chapel Hill NC 27514
4. Waiver of Claims, Hold Harmless and Indemnity. To the extent not prohibited by law, Licensee shall
indemnify, defend and save harmless Licensor, Owner, and Manager and each of their partners, officers,
directors, employees, and agents from and against any and all liability, claims, damages, costs, and
expenses including without limitation, reasonable attorneys' fees, resulting from or in connection with
Licensee's use and occupancy of the Premises. To the extent not prohibited by law, Licensee waives all
claims against Licensor and Owner and each of their partners, officers, directors, employees, and agents
for injury to persons, damage to property or to any other interests of Licensee sustained by Licensee or
any person claiming through Licensee resulting from any occurrence in or upon the Premises or the Center.
Without limitation, all Licensees' personal property, which may at any time be at the Premises, shall be at
Licensee's sole risk. Licensor may at its discretion make it a condition for any member or employee of
Licensee to have access to the Premises that said member or employee sign and deliver to Licensor a form
of waiver and indemnity agreement satisfactory to Licensor.
5. Costs of Litigation. If Licensor, Owner or Manager shall without fault on their part be made a party to any
litigation arising out of any act or omission of Licensee, Licensee shall pay all costs and expenses, including
reasonable attorneys' fees, incurred by said parties on account of said litigation. Licensee shall also
reimburse Licensor, Owner and Manager for all costs and expenses incurred by said parties, including
reasonable attorneys'fees, in enforcing the provisions of this Agreement.
6. Early Termination and Recourse. Licensor may terminate the license herein upon a violation by Licensee of
any provision and Licensor shall not be obligated to pay the Fee stated on page 1. The Licensor may also
terminate the license herein, without cause, upon at least two hours' advance notice to Licensee. In the
case of cancellation by Licensor without cause of Licensee or due to weather conditions or any other
condition outside of the Licensor's control, Licensor agrees to pay Licensee one-half(1/2) of the Fee stated
on page 1 as a cancellation fee unless cancellation is by mutual consent. Neither Licensor nor Licensee
shall be liable for tardiness or cancellations due to sickness, accidents, acts of God, riots, strikes, labor
difficulties, epidemics, any act of any public authority,or any other legitimate condition beyond control.
7. Removal of Property; Holding Over. By the end of the term of this license, Licensee shall have removed all
of its property from the Premises and shall leave the Premises in a clean condition and in as good or better
condition as when Licensee took possession of the Premises. For each day or part of a day after the end of
the Term that Licensee shall have failed to do the foregoing, Licensee shall pay Licensor seventy-five
dollars ($75.00). Payment of said sums shall not be in prejudice to any other rights available to Licensor or
Owner in respect to the holding over by Licensee. If Licensee fails to remove its property by the end of the
Term, Licensor or Owner may dispose of said property in such manner as they determine.
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8. Assignment. Licensee shall not assign or in any other manner transfer or encumber this License
Agreement.
9. Rules and Regulations. Licensee shall comply with all rules and regulations that Licensor or Owner may
promulgate and notify Licensee of on or after the date hereof.
10. Approval of Materials. Licensor shall approve placement, materials and overall project plan prior to
Installation.
11. License shall provide adequate Security and Housekeeping services for the entirely of event.
12. Common area premises and set-up areas will be returned to original condition by midnight 4/10/2014.
IN WITNESS WHEREOF,the parties have executed this License Agreement as of the day and year first above written.
LICENSEE: LICENSOR: University Mall LLC by Madison Marquette Retail
Services LLC as Managing Agent
Z16-116-
Signature Signature
Title ` � Title: Marketing Coordinator
Date: o / Date:
This instrument has been pre-audited in the
mqapn,ner required by the Local Government
G► B dge and Fi Control Act
Paul K.Laugh on, Ifiterim Finance&
Administrative Services Director