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Target 50 foot Giant Lava Lamp Remains Attached to NYC Times Square...

January 24, 2005 -- By Y. Koops http://soaplakepolitics.blogspot.com/



As of noon on Saturday January 22, 2005, the Target 50 foot Giant Lava Lamp remains attached to Times Square Building in New York City.



Soap Lake Mayor Hovde signed an agreement with the Target Corporation on November 18, 2004 and Target signed it making it binding on November 29, 2004. It was actually received by the City on December 6, 2004. The agreement expired on December 17, 2004.



Though a public works project, the city sought no bids, has allocated no money, and no majority vote of the Council has been taken to agree with the agreement.



The public has a right to full knowledge and access to all information regarding this project.



Use of public resources requires the highest consideration by the Soap Lake City Council when addressing the pending costs of this undulating Motion Lamp Project. Council members present at the 11/17/2004 Council Meeting, as supported by the November 11, 2004, Minutes of the meeting, provide evidence that no discussion was held on the agreement, and the Mayor represented this as nothing more then the acceptance of a gift that "might be used" to promote tourism.



No written or oral evidence exists that the city attorney or city council members reviewed the agreement signed by Mayor Hovde on November 18, 2004.



The agreement contains 6 pages worth of weighty obligations with implications of liability, risk, expense, secrecy, agreeing to laws of the State of Minnesota, and much more.



If such a review, consideration and discussion took place, it was done behind closed doors, closed to public knowledge, and done verbally, not recorded in the minutes.



The City of Soap Lake Obligations in the Agreement with Target include the following:



Clause 4. City Obligations



a. City will provide to Target by November 26, 2004, the specific location where the Lamp is to be delivered and stored.



b. City will be responsible for the removal of the Lamp from the delivery trucks and placement in a storage facility immediately upon delivery.



c. City will be responsible for any engineering, construction, maintenance and other work or actions required or desired to be made by City to make the Lamp suitable for City's desired use.



d. City shall be responsible for securing any required permits, certifications or other permissions needed for storage, installation and usage of the lamp and for complying with all applicable local, state and federal laws, statutes and regulations.



e. City shall not utilize the name, marks, logos or in any other manner publicize the participation of Target in regard to the donation, display or promotion of the Lamp without the prior written permission of Target.



f. City shall secure insurance as further identified in this Agreement.



g. City acknowledges that the Lamp was donated to City for a specific purpose and City shall not sell, transfer, loan, donate, change the usage or otherwise provide the Lamp to any third party without the prior written permission of Target.



This article is copyrighted and it, and its contents, may not be used by anyone for any purpose without prior approval by Y. Koops.

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