HomeMy WebLinkAbout03-1826
BUILDING PERMIT
CITY OF ZEPHYRHILLS Permit N~
(813) 780-0020
1826
Date ~ -10 -0 a
BUILDING
E~AL-.'.
PLUMj!JN6'
~~
Sewer Conn
Water Conn:
Property Owner:
Job Address:
Parcell.D. #
7ijg- rll~,t:<2#~'
Water Meter:
T.I.F.'s:
00-3
NO
FINAL
C.O.
DATE
Complete Plans, Specifications and Fee Must Acco
All work shall be performed in accordance with City Codes and Ordinances.
15
I" 0
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. aroation or
Contract Price
DATE
Inspector
ignature
C"o'mpany
Address
~e~~0~e~.)336-80/- ?~.S?tf
F~t!.<; (/}/R,fl1'r'
:{81 D Nf[7V!<JZ ELECTR~'
----
PLUMBIN.G---'.
~
MEr.1-l ^ ~J1C^L
-
Tp. Servo
Rough In
Meter Can
Const. Pole
Pool
Pre-Meter
Final
Ftr.
Pre SLB
Lintel
FRM.
Insul. CL
WL
SLB
Tub Set
Water
Sewer
Final
Breakers
Ducts Insl.
Compressor
Final
Driveway
REINSPECTION FEES: When extra inspection trips are necessary due to anyone of the following reasons, a
charge of twenty-five and 00/100 Dollars ($25.00) shall be made for each trip for each trade:
a. Wrong Address
b. Condemned work resulting from faulty construction.
c. Repairs or corrections not made when inspection called.
d. Work not ready for inspection when called.
e. Permit not posted on job site.
f. Plans not at job site.
g. Work not accessible.
The payment of inspection fees shall be made before any further permits will be issued to the person owning
same.
TEMPORARY SALES CHECKLIST
City of Zephyrhills
5335 - 8th Street
Zephyrhills, FL 33542
Phone: 813-780-0020
Fax: 813-780-0021
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V
Plot Plan showing setup of location
Notarized letter from property owner stating their
approval
L
Jiti
If tent is involved a flame retardant certificate is
required. Inspection required once tent is erected.
If fireworks are involved the following is required:
Proof of state license
Proof of liability insurance
City registration fee of $20.00
~ The following fees are applicable:
Temporary sales permit: $5.00 for the 1st two days and $1.00 per
day for each consecutive day thereafter, not to exceed duration of
30 consecutive days and no more than one occurrence per calendar
year per Ordinance #408.
Tent permit (if applicable): $35.00
Electrical permit (if applicable): $35.00
Property owner:
K /YJ,4/f T
FACroF<'y PI!J::C.7 ;:;)/lA,7LJ/<~ C-c>.
..~S t, -Rt:/- ?C/c;c; Or" 3~/"- lf31- 9~21
'77'22. c:.ALI. l1out.eVA/lD Z~~~y,^J/:Ik.;Cl4
.2 - 11- 2.. '3 -0 3 ~ ~S"YI
Applicant:
Phone contact:
Address site:
Dates of sale:
FflC'6!<j 0/ f~7
Sg2 3 5ur~fl
mfi/I? rue .22370
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Store Number: 57~{
Street Address: 7-,..'..~ f,;+.A
City, State:
Event Fee: Complete 2 (a) below
[if jpecified amollnt, mllst be
paid in filiI, ill adt.;m.-e, ry .-ettijied or
cashier's .-hed; or mall'!] order)
Security Deposit: $ M{If
[mandata').; a .-ettijied or ca ier's
check for greater of 20%
ofEvenl Fee orSl,OOO; no cash]
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Beginning Date(s): ~ -! 1-03
Ending Date(s):. ~,- ~, i - 0 3
Event Hours: 7Am -.7 ;O/YJ
[inseft stOlT hOllrs, or le.ts} /
Is securing temporary
enclosures to pavement
permitted?
[!f"no" or blank, then "no'7
OUTDOOR PROMOTIONAL EVENT AGREEMENT
THIS AGREEMENT ("Agreement") is made as of
between ("Contractorj, with an
address for notice at [110 P.O. Boxes),
and KMART CORPORATION, with an address for notice at 3100 West Big Beaver Road, Troy,
Michigan 48084 ("Kmart'j, Attention: Director of Business Services. The terms defmed above at
the top of this page are hereby incorporated by reference herein.
In consideration of the license granted below and the other mutual covenants and agreements
contained herein, the parties covenant and agree as follows:
1. License: Use: Tenn.
(a) Kmart gr~nts to Contractor a temporary, revocable, non-exclusive license to use only
that portion of the parking lot crosshatched and labeled "Promotional Area" on attached Exhibit A
( "Promotional Area '" which use shall be solely for the sale of the following goods or serv1ces or
for conducting the following promotional event (as applicable) during the period(s) ("Tenn"
beginning on the Beginning Date(s) set forth above and ending on the Ending Gate(s) set forth
above (or earlier as hereinafter provided):
(collectively referred to as the "Event~).
[describe, in d~tail. the speciJit. goods Clnd sent ices and/ or event pe1711itled within Promotional AmI) In r,' event
shall the Term be longer than one year, anything to the contrary notwithstanding.
The Promotional Area is located on property owned or leased by Kmart or its affiliate
generally shown on Exhibit A (~~art Prernises~j, on which is also operated a Kmart store
("Lnart Store".
(b) During the Term, Contractor: its customers and employees may use the parking areas on
the Kmart Premises solely for the purposes of access to and parking for the Event; provided, that
Contractor's employees, agents and suppliers shall park and unload only in areas designated by
Km2rt, in Kroon's sole discretion, The hcenses in Sections I(a) and (b) are together called the
'Vcense ".
(c) The License and this Agreement may be terminated and revoked withou cause
inunediatcly by Kroon upon oral or written notice and, if by oral notice, followed by wtitten notice,
In all events, Sections 2(b), 3( d), 4, 5, 6(a), 7, 8, 11 and 12 shall survive the expiration, termination
and/ or revocation of the License and this Agreement, Contractor irrevocably waives and discharges
any claim or tight Contractor may have at law or equity or under the Code (defined below) agoinst
Kmart for any damages, awards, costs or expenses and any suit, liability, demand or claim as a result
of the termination or revocation of the License and this Agreement. .
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2. Fee: Deposit,
(a) In consideration of the License and this Agreement, Conttacto, agrees to pay the
following (ee C'Fee") to KInart at the address provided for notice above [comple" the hla.;'" for the
appropriate type of fee and crosS off the other two]:
If Flat Fee:
$
monthfy)
for the Term. [Fee should be writte1l in terms if the amollnt for the entire TemJ, not
If Flat Fee with Percentage of Sales:
$ for the Term, plus
percent (_%) of the total gross sales of merchandise or services and all other
receipts arising or originating from or out of the Event by or through Contractor, whether cash or
credit.
If Percentage of Sales Only:
perceih (_%) of the total gross sales of merchandise or services and all other
receipts arising or originating from or out of the Event hy or through Conttactor, whether cash or
credit.
(b) To the extent the Fee is a specified dollar amount (whether lump sum or on a per
day/week/month basis), Contractor shall pay Kroon the entire Fee in advance for the whole Term
upon Contractor's execution of this Agreement, which Fee shall be deemed ro have been eamed
upon the execution of this Agreement by !(mart, If any portion of the Fee is based on sales or
revenues from the Event, then the portion of the Fee that is a specified dollar amount (if any) shall
be paid in accordance with the preceding sentence and the portion of the Fee based on sales or
revenues shall be paid to Kmart within ten (10) days after the end of each calendar month during
the Term (except if the Term shall end on any day other than the last day of a calendar month, in
which event such portion of the Fee based on sales or revenues shall be paid to Kmart within ten
(10) days after the end of the Term), Regardless of how the fee is calculated, within ten (10) days
after the end of each calendar month during the term, Contractor shall in all events provide Kmart
with a statement, signed and certified by'~ontractor, of the amount of the sales and revenues from
the Event for Kmart's records. Kmart may audit Contractor's books and records of such ~ales and
revenues at any time for up to two years after the end of the Term, and during such two-year period,
Contractor shall maintain and make available to Kmart at the location designated by Kmart at
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Contractor's expense such books and records. 'Ibis Section 2 (b) shall survIve the exprranon,
termination or revocation of the License and this Agreement.
(c) Contractor shall post with the Kmart Store manager a deposit of twenty percent (20%)
of the aggregate Fee for the entire Term, or $1,500.00, whichever is greater ("Deposit''), which
Deposit shall be forwarded to Kmart. Any law or statute to the contrary (which Contractor hereby
waives), the Deposit shall not be required to be held in any separate account and no interest shall
accrue in favor of or be payable to Contractor with respect to the Deposit. The Deposit shall be
held for and used to secure Contractor's full and faithful performance of this Agreement, including,
without limitation, the restoration upon surrender under Sections 5(b) and 5(c). The Deposit may be
used by Kmart in the event of any default under this Agreement, including, without limitation,
Sections 5(b) and S(c). Any unused portion of the Deposit shall be returned to Contractor in the
form of a check within sixty (60) days after the expiration or termination of this Agreement.
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All Fees and the Deposit payable hereunder shall be paid by check (ba.::J.:ed by
sufficient- immediately-available fimds) or money order, made payable to ''Kmart
Corporation." No cash pavrnents shall be allowed.
3. Operations.
(a) Contractor shall. use its best efforts to successfully promote, furnish and conduct the
Event., subject to Kmart's prior approval of Contractor's activities. In this regard, Contractor shall
keep the Event open to the public, fully stocked and appropriately staffed, at all times during the
Event Hours and neither longer nor shorter. Contractor shall not conduct business or have
employees, agents or suppliers at the Kmart Premises at any time during which the Kmart Store is
not open to the public. Contractor shall furnish all employees and, if applicable, ticket sellers
necessary for the Event.
(b) Contractor shall be responsible for arranging all items, equipment and other property
necessary for the Event. Contractor will maintain its own cash register(s) and other payment
systems, and shall prompdy and timely pay all applicable taxes. Contractor shall not erect or install
any structure or fixture which is permanent or alters or damages any portion of the Kmart Premises,
including, without limitation, the parking lot or Kmart's property. HoweverT Contractor may secure
temporary enclosures to paving, if the installation of such enclosure is specifically approved before
installation by the Kmart Store manager and provided that Contractor shall maintain, repair and
restore as provided in Section 5.
(c) Prior to commencing the Event, Contractor shall obtain at its sole cost and r .r:rush to
Kmart all state, county and municipal approvals, permits and licenses and all private approvals
necessary for the conduct of the Event.
(d) Contractor shall comply with all laws, ordinances, statutes, rules and regulations
applicable to the Event and the use of the Promotional Area. Contractor shall also comply with
rules and standards set by Kmart. Contractor may not post or distribute any advertising or other
materials on any portion of the Kmart Premises, other than stricdy within the Promotional Area.
Contractor shall comply with Kmart's other security and safety rules and provide adequate security
during the Event.
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(e) Contractor shall not use the Promotional Area or Kmart Premises for any use '\\h'ch: (i)
is an auto sale, display or promotion, other than temporary sales of new or quality used automobiles;
(ii) is a carnival or circus; (iii) is or involves a fireworks sale or display; (iv) is a pt:blic or private
nuisance; (v) produces: (A) amplified sound or noise objectionable due to its intermittence,
frequency, shrillness or loudness, (B) obnoxious, toxic, caustic or corrosive odors, fumes, fuel or gas,
(C) excessive dust, dirt or ash, or (D) fire, explosion or other hazard; (vi) could cause the
cancellation of or increase in the rates for Kmart's insurance policies (including self-insurance
programs); (vii) involves the sale or display of pornographic materials or the sale or consumption of
alcohol; or (viii) could injure in any manner Kmart's reputation or would be inconsistent with the
operation of a family-oriented shopping center.
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(f) Subject to prior review. and written approval by Kmart, Contractor at its cost shall
arrange for the preparation and placement of all advertising (including merchandising point of sale
advertising), signage and direct mail programs related to the Event, the Promotional Area and
Contractor's services (collectively, ~Uaterials'). Contractor must submit all Materials to Kmart for
Kmart's prior review and approval before placing in the Promotional Area or in any media or
otherwise disseminating such materials. Kmart may withhold or withdraw such approval at any time
in its sole and unfettered discretion without liability to Contractor. Contractor shall allow Kmart to
use the name of the Event, the Event trademarks and all other rights related thereto.
(g) Contractor shall not permit the parking of semi-truck trailers or other heavy equipment
on any portion of the Kmart Premises, including the Promotional Area; provided that goods and
materials may be unloaded from semi-truck trailers solely from within the Promotional Area if such
semi-truck trailers are not present for greater than one hour and do not interfere with tT ~ traffic
flow in the parking lot_
4. Confidentiali1y and Kmart Marks.
(a) Contractor agrees that all information in any form (including the proVlslOn of this
A l:,rreement) now or hereafter provided to Contractor by Kmart or which relates to Kmart,
regardless of the manner in which it is now or hereafter obtained by Contractor, its agents,
employees or contractors, is provided to and received by Contractor in confidence. Contractor shall
at all times preserve and protect ~e confidentiality of such information and any other information
relating to Kmart or its affiliates disclosed to Contractor, its agents or employees, in connection with
this Agreement, including, without limitation, the terms and conditions of this Agreement
("Confidential Material'). Without limiting the generality of the foregoing, Contractor must not
divulge to or discuss with any other person, entity or agency any trade secret, system, program or
any other matter on which Contractor is working under this Agreement, other program, system, or
work product belonging to Kmart which are disclosed to Contractor, or information regarding
Kmart and any agreements or contracts which Kmart has with Contractor or other companies or
firms. Contractor also agrees that it shall take all necessary steps to ensure that Confidential Material
is not disclosed to or used by any person or entity, except Contractor's employees (and then only to
the extent necessary to pennit Contractor,to perform this Agreement).
(b) Contractor shall not use, print or duplicate the name of Kmart or any subsidiary or other
related entity or any of the trademarks, trade names, service marks, logos, assignees, programs and
4
event names,i~e.htifications, and other proprietary rights and privileges licensed to or used by Kmart
(~2Unart MarJct;:~of Kmart or any subsidiary or other related entity for any purpose, including,
without limitation, in advertising and promoting the Event, without the prior express written .
consent in each instance of an authorized I<mart representative (which shall not include the Kmart
Store manager), which consent may be given, withheld or withdrawn in Kmart's sole and unfettered
discretion. Contractor acknowledges the exclusive right, title, interest and license of I<mart in and to
all Kmart Marks. This Agreement and its various provisions are not a license or assignment of any
right, title or interest in or right to use the Kmart Marks. Contractor shall not, in any manner,
represent that it has any ownership in or right to use the Kmart Marks. Contractor shall not do or
cause to be done anything that impairs Kmart's exclusive right, title, interest and license in the
Kmart Marks.
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(c) No press release or other public announcement shall be released by Contr:.ctor
concerning the existence of this Agreement or its terms without the prior express written conSt.":L of
Kmart in ~ach instance, which consent may be withheld or withdrawn for any or no reason in
I<mart's sole and unfettered discretion.
(c) Contractor shall be responsible for any breach of this Section and this Agreement by
its agents or employees. This Section 4 (including subsections) shall survive the expiration,
termination or revocation of this Agreement and the License granted hereunder.
5. Maintenance: Surrender; Utilities.
(a) Contractor shall keep the Promotional Area free from barriers that have not been
approved by Kmart in advance. Contractor shall keep the Promotional Area and other portions of
the Kmart Premises affected by the Event in a clean, neat and presentable condition at all times, free
from trash, spills and unsightly materials. Contractor must keep all trash receptacles out of sight.
Contractor shall, at its cost, provide for use by Contractor's employees, customers and invitees trash
receptacles and, if requested by Kmart, dumpsters and portable toilets. If provided, Contractor at its
cost shall cause such receptacles, dumpsters and toilets to be emptied twice weekly and for proper
off-site disposal.
(b) Within two (2) days after the end of the Event, Contractor shall, at its cost, have: (i)
removed all of the equipment and other property used in the Event from the Kmart Premises, (n)
swept, cleaned and removed trash and debris from the Promotional Area and other portions of the
Kmart Premises affected by the Event, (ill) repaired all damage to the Promotional Area and any
other area affected by the Event, so as to be in the same or better condition as immediately pri:)J to
the beginning of the Event, and (iv) unless requested by Kmart not to do so, cancel all governmental
approvals, permits and li~enses for the Event.
(c) On the date this Agreement expires or terminates, Contractor shall meet with a Kmart
representative. If, at such meeting, Kmart notifies Contractor that the Promotional Area and the
remainder of the Kmart Premises have not been cleaned and repaired to the satisfaction of Kmart,
then Contractor shall correct the deficiencies within two (2) business days after such meeting. This
Section 5 shall survive the expiration, tennination or revocation of this Agreement and the License
granted hereunder.
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(d),.C6nttactorshall connect or use utilities serving the Kmart Premises, in a manner and as
provided by ~ in its sole discretion. Contractor shall be responsible for charges for any
disproportlc)t'fute use or waste of utilities by, for or in connection with the Event, or by Contractor,
its employe~,agents, customers, suppliers or invitees.
6. Indemnity: Insurance.
(a) Contractor shall defend (with counsel acceptable to Kmart), indemnify and save
harmless Kmart (including its subsidiaries and affiliates), Kmart's landlord and mortgagee, if any,
and the respective directors, officers, partners, members, employees and agents of all of the
foregoing parties (collectively, ~~ndemni.Ged Parties", from and against any cost, loss, damage or
expense, including, without limitation, personal injury or death, property damage, attorneys' fees,
investigative and remediation costs, mcurred as a result of any claim, suit, action, proceeding,
penalty, liability or demand arising out of, pertaining to or involving: (i) this Agreement or the
License; (~i) any act or omission of Contractor, or its employees, agents, customers, suppliers or
invitees; (ill) the use, operation, maintenance or repair of the Promotional Area or the Kmart
Premises, or the adjoining streets, sidewalks or property, by Contractor, its employees, agents,
customers, suppliers or invitees; (iv) any occurrence within or about the Promotional Area; (v)
Contractor's employees, agents, customers, suppliers or invitees, including, without limitation, claims
for injury, death, compensation, social security, pension, tax withholding, unemployment or workers
compensation, copyrights, trademarks, trade secrets, proprietary interests, or otherwise; (vi) the
fitness, merchantability, warranties, representations or defects or any other claims regarding or
involving the products or services sold, offered or provided at the Event, including, without
limitation, any so-called "products liability" or breach of express or implied warranty claims; or (vii)
failure by Contractor to perform its obligations under this Agreement. Contractor shall r)t be
relieved of the foregoing by claiming negligence of the Indemnified Parties. Contractor agt:~~s to
timely advise Kmart of any claim, suit, action, proceeding, penalty, liability or demand. This Section
6(a) shall survive the expiration, termination or revocation of this Agreement and the License
granted hereunder.
(b) During the Term, Contractor shall maintain the following tnsurance, issued by
companies acceptable to Kmart:
(i) commercial general liability insurance, written on an occurrence coverage form,
covering at least the matters for which Contractor indemnifies the Indemnified Parties under
Section 6(a), including, without limitation, Bodily Injury and Property Damage Liability, Products
and Completed Operations Liability, Contractual Liability (including, without limitation, the
indemnification obligation under Section 6(a) above), and Personal and Advertising Injury Liability,
in the minimum amounts of $2,000,000 per occurrence; and
(ii) workers' compensation insurance to the extent required by the law of the State in
which the Kmart Premises is located and to the extent necessary to protect Kmart, Kmart's landlord
and the Promotional Area against workers' compensation claims.
(c) Each such insurance policy shall name the Indemnified Parties as additional insureds and
provide that no change in coverage or cancellation shall occur without at least thirty (30) days prior
written notice to the Indemnified Parties. Any deductible shall not exceed $10,000. Prior to
6
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commencing'1he Event, Contractor shall provide to Kmart evidence of such insurance (such as the
declaration page)~
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7. Condition.
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The License is granted to Contractor without representation or warranty whatsoever, express or
implied, . and is subject and subordinate to Kmart's lease of the Kmart Premises, all easements,
restrictions and other agreements, and all applicable governmental ordinances, statutes, restrictions,
roles and regulations now or hereafter in effect. BY EXECUTION OF THIS AGREEMENT,
CONTRACTOR ACKNOWLEDGES AND AGREES: (a) THAT IT HAS INSPECTED THE
PROMOTIONAL AREA; (b) TO ACCEPT THE PROMOTIONAL AREA WHEN
DELIVERED IN ITS THEN "AS IS" AND "WHERE IS" PHYSICAL AND
ENVIRONMENTAL CONDITION; (c) TO RELEASE AND DISCHARGE KlvlART FROM
ANY CLAIM, DEMAND, LIABILITY, ACTION, PENALTY OR SUIT RELATED TO OR
ARISING FROM THE PHYSICAL OR ENVIRONMENTAL CONDITION OF THE
PROMOTIONAL AREA OR THE KMART PREMISES; AND (d) THAT NEITHER KMART
NOR ITS AGENTS OR EMPLOYEES HAS MADE ANY WARRANTY OR
REPRESENTATION, EXPRESS OR IMPLIED, REGARDING THE PHYSICAL OR
ENVIRONMENTAL CONDITION OF THE PROMOTIONAL AREA OR THE KMART
PREMISES OR THE FITNESS OF THE PROMOTIONAL AREA FOR ANY PARTICULAR
USE OR PURPOSE, AND TO THE MAXIMUM EXTENT PERJ\USSIBLE UNDER
APPLICABLE LAW, SUCH REPRESENTATIONS AND WARRANTIES BEING
DISCLAIMED, IT BEING AGREED THAT ALL SUCH RISKS ARE TO BE BORNE BY
CONTRACTOR.
8. Risk of Loss.
Contractor has the sole responsibility for its property and the Indemnified Parties shall not be liable
to Contractor for any' theft, loss or other damage whatsoever to Contractor's property on the Kmart
Premises, regardless of the cause. Contractor agrees that under no circumstance shall the
Indemnified Parties be liable to Contractor for incidental, consequential, punitive or exemplary
damages or any other costs, losses, damages, expenses, claims, suits, actions, penalties, liabilities or
demands arising in connection with the License or this Agreement or the performance, omission of
performance or termination or reyocation hereof, including, without limitation, lost sales and profits
and other business interruption damages, even if the Indemnified Parties have been advised of the
possibility of such damages and without regard to the nature of the claim or the underlying 6eory or
cause of action (whether in contract, tort or otherwise).
9. Cha~e in Location.
Contractor understands and agrees that Kmart may require during the Term, upon prior oral or
written notice, that Contractor relocate the Event and the Promotional Area elsewhere on the
Kmart Premises, in Kmart's discretion, and promptly move its items, equipment and other property
to such relocated Promotional Area. The foregoing notwithstanding, if Contractor does not consent
to such relocation, this Agreement and the License herein granted shall terminate and be revoked at
Kmart's election.
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10. Tr:ln~fer. .~.
.~>~fi.;i;Y.,.'~ c'
This A~e~e'nt is personal to Contractor and Contractor may not assign, subcontract or otherwis_e
transfer itS'fights, obligations or duties under this Agreement or sublicense or permit to be used any
portion ofthe Promotional Area or the Kmart Premises by any third party. Any of the foregoing
transfers shall be void ab initio. Nothing herein shall limit Kmart's right to assign or otherwise
transfer this Agreement or Krnart's rights or obligations hereunder.
"'-,
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11. General.
(a) Contractor is and at all times shall be a licensee and an independent contractor in the
performance of this Agreement. Neither this Agreement nor the License is intended and neither
shall be construed to create a joint venture, partnership, agency, employment, franchise, lease,
sublease or other relationship between the parties. Contractor is solely responsible for and retains
full and exclusive control over its operation and its employees (including, without limitation,
verificatioxi of employment eligibility, and payment of wages, salaries, payroll taxes and
contributions to unemployment, workers compensation, social security and pensions). Contractor
shall not and is not authorized to bind K.mart to any arrangements or contracts with any third
parnes.
(b) Ibis is an arms-1<;ngth transaction and relationship. There exist no implied or otherwise
unstated covenants, rights, options or obligations by, of or against either party. The parties expressly
disclaim the existence of any implied covenant of good faith and/or fair dealing. Contractor and
Kmart each expressly represent and warrant to the other that each has relied solely and ey j'..lsively
on its own judgment and the advise of its own attorneys in entering into this Agreement, an.:' .:hat no
representative or agent of the other has made any statement or representation to it beyond those in
this Agreement that have induced the signing of this Agreement.
(c) If the Fee or any other sum is not paid on its due date, in addition to any other remedies,
Contractor shall pay to I<.mart interest at the annual rate of twelve percent (12%) (or, the highest
interest rate allowed by law, whichever is less) from the due date until paid_ In all actions
commenced by or against Krnart in any manner related to or in connection herewith, Kmart shall be
entitled to recover its attorneys' fees and other costs from Contractor.
(d) This Agreement con~titutes the final and entire Agreement between Contractor and
Kmart with respect to the subject matter hereof. This Agreement supersedes all prior negotiations,
agreements and promises, whether written or oral, and the same are merged herein. Ibis Agreement
may not be amended except by written consent of both Kmart and Contractor.
(e) The Section captions are for the convenience of the parties only and are not intended to
and shall not be deemed to modify the interpretation of the Section from that which is indicated by
the text of the Section alone.
(f) If any provision of the Agreement shall be held to be void or unenforceable by any
judicial or adm;n1~trative authority, or shill be unlawful or unenforceable under any applicable law,
the remaining provisions shall be deemed to be severable and their enforceability shall not be
affected or impaired in any way by reason of such law or holding.
8
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(g) ,. .A11:l1otices under this Agreement shall be in writing and shall be given by either party to
the ofuerbytcerti.6ed or registered mail (return receipt requested), overnight delivery or hand
delivery to the other party, addressed to the parties' addresses set forth on page one.
(h) This Agreement shall be deemed to have been executed and delivered in Troy, .Nlichigan,
and shall be construed, interpreted and enforced under and in accordance with the internal laws of
the State of Michigan. Contractor agrees to exercise any right or remedy in connection with this
Agreement exclusively in, and hereby submits to the jurisdiction of, the courts of Oakland County,
Michigan, and the United States District Court for the Eastern District of Michigan. Contractor
waives any claim that such forum is inconvenient.
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(i) Each person signing on behalf of Kmart and Contractor warrants and represents th::-t he
or she has full power and authority to execute this Agreement on behalf of such party.
12. Bankruptcy Provision.
On January 22,2002, Kmart and its affiliates filed a petition for reorganization (the "Bky Action')
in the U.S. Bankruptcy Court for the Northern District of Illinois under Chapter 11 of Title 11 of
the U.S. Code, 11 U.S.c. Sec. 101 et seq. (the "Code '). This Agreement is not intended, nor shall it
be construed, as an assumption of Kmart's lease (if leased) of the Kmart Premises in the Bky Action,
under the Code or otherwise.. Contractor acknowledges and agrees that Kmart reserves all rights, in
its sole and unfettered discretion, under the Code or otherwise, to assume, reject or terminate
Kmart's lease or any other agreement or contract related to or involving the Kmart Premises.
Contractor agrees not to raise any objection if Kmart elects to reject IZmart's lease, and waives any
right or option so to do available under the Code or otherwise. This Section 12 shall survive the
expiration, termination or revocation of this Agreement.
WITNESSED:
Contractor:
IN WITNESS WHEREOF, the parties hereto have execu
and year written above.
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By:
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MY COMMISSION # 00 035575
EXPIRES: ~ Z7, 2005
TbRJ BUdget Servicoo
Its:
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cI' ...... '\. JOHN A BARNETT, OJ
It * ~ COMMISSION # 00 035575
EXPIRES: July Z7,
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KMART CORPORATION*
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*Store Afanager: Please make sure that Exhibit A is attached and that, yOU have
crosshatched and labeled the Promotional Area.
9
CITY OF ZEPHYRHILLS BUILDING DEPARTMENT
OWNER
JOB LOCATION
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SIIOW ALL EXISTUIG & PROPOSED STRUCTURES GIVING DIMENSIONS & SETBACKS.
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