HomeMy WebLinkAbout2014-05-03-R RESOLUTION# Q) -05
A RESOLUTION TO CONTRACT WITH WILLIAMS EQUIPME FOR THE
SPONSORSHIP OF SEVEN SCOREBOARDS AT THE NORTH CO PLEX
WHEREAS,the City of Batesville owns and maintains the North Complex located at 3045 E.
Main St.;
WHEREAS, William's Equipment is seeking sponsorship recognition on seven scoreboards at
the North Complex;
WHEREAS, William's Equipment is sponsoring the scoreboards in the a iount of$36,000.00
for a period of 6 years;
NOW,THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
BATESVILLE,ARKANSAS
SECTION 1: That the City of Batesville, Arkansas shall contract with W` liam's Equipment for
the sponsorship of seven scoreboards at the North Complex. A copy of sa contract is attached
as Exhibit A.
SECTION 2: The Mayor, Rick Elumbaugh and City Clerk, Denise Johns n are hereby
authorized by the City Council for the City of Batesville to execute all do Uments necessary to
Leffectuate the agreement.
PASSED AND APPROVED this 13th day of May, 2014.
ATTEST:
DENISE M.JOHNSTON ITY CLERK
EXHIBIT A
• ADVERTISING AND SPONSORSHIP AGREE MENT
FOR A FIELD AT NORTH COMPLEX
This agreement is made by and between Williams Equipment(SPONSOR)and the CITY
OF BATESVILLE PARKS AND RECREATION DEPARTMENT(CIT ON THIS 13th Day
of May, 2014 (the"Effective Date").
WHEREAS,the CITY is the owner of certain public park amenitie known"North
Complex", and hereafter referred to as the"FACILITIES"; and
WHEREAS, SPONSOR and the CITY desire to enter this agreeme t for the purpose of
evidencing the agreement of the parties with regard to advertising on score 1 boards at the North
Complex by SPONSOR and the respective obligations of the parties regard ng said
advertisements at the Facilities:
NOW, THEREFORE in consideration of the promises and the reci ocated covenants
and obligations contained herein,the parties agree as follows:
I. Term
a. The term of this Agreement is for a period of 6 YEARS co mencing on the
Effective Date and ending at midnight on the sixth anniversry thereof.
II. Advertisement at Facilities
a. It is agreed between the parties hereto, in return for the cove ants and conditions
set forth herein that the SPONSOR'S name and/or logo sha 1 be put on:
i. Sign to be erected on scoreboards of 7 athletic fieldE at the North Complex
for a period of 6 years.
ii. SPONSOR agrees to continue, at no charge, with th annual replacement
of:
1. 40 HP Tractor with front loader and cab
2. 40 HP Tractor with front loader
3. John Deere Gator
4. John Deere 72" Zero Turn Mower
iii. SPONSOR will continue with replacement of equip ent for the duration
of this agreement.
b. It is agreed between the CITY and the SPONSOR that the signs shall be 24" x
120"and the CITY will be responsible for the maintenance and upkeep of the
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sign. In addition, CITY will pay for the sign including any graphics on the sign.
However, it shall be the responsibility of the SPONSOR to EFear any expense
should changes be requested to the sign during the term of tLis agreement.
c. It is agreed between the CITY and the SPONSOR that all f 'ld signage will be
uniform in size and no other scoreboard sponsorship signago will be placed at the
FACILITIES that exceeds 24"x 120".
d. It is agreed between the CITY and the SPONSOR that the FACILITIES will be
maintained by the CITY and that FACILITIES will be kept functional and
maintained on a regular basis.
e. It is agreed that the CITY reserves the right to remove SPO SOR's signage and
obtain a new sponsor in the event of failure of payment on e part of the
SPONSOR.
111. Assignability and Exclusivity
a. This agreement is a privilege for the benefit of SPONSOR olily and may not be
assigned in whole or in part by SPONSOR to any other per n or entity.
IV. Miscellaneous Provisions
a. No modification of this Agreement shall be effective unless t is made in writing
and signed by the authorized representatives of the parties ereto.
b. This Agreement shall be construed under and in accordance xith the laws of the
State of Arkansas and venue for any litigation concerning t 's Agreement shall be
in Independence County, Batesville, Arkansas.
c. Nothing in this Agreement shall be construed to make the CITY or its respective
agents or representatives liable in situations it is otherwise ' une from liability.
d. In case any one or more of the provisions contained in this greement shall for
any reason be held invalid, illegal or unenforceable in any ree pect, such invalidity,
illegality, or unenforceability shall not affect any other provision thereof and this
Agreement shall be construed as if such invalid, illegal, or enforceable
provision had never been contained herein.
e. Each party represents to the other that the individual signin;!this Agreement
below has been duly authorized to do so by its respective governing body and that
this Agreement is binding and enforceable as to each party.
IN WITNESS THEREOF,the parties have executed this Agreement on thc''day and year set forth
below.
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Williams E uuipment
By:
Name:
Title: AA14iZAL 46!-&
Date:
City of Bate vil
By:
Name:
Title:
Date:
ATTESA
By: M
Name:
Title: C1,prL
Date:
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