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HomeMy WebLinkAbout2014-05-04-R RESOLUTION # (�Q Y— CS-0 A RESOLUTION TO CONTRACT WITH FIRST COMMUNITY BANK FOR THE SPONSORSHIP OF SEVEN SCOREBOARDS AT NORTH COMPLEX WHEREAS, the City of Batesville owns and maintains North Complex located at 3045 E. Main Street; WHEREAS, First Community Bank is seeking sponsorship recognition on seven scoreboards on the athletic fields at North Complex; WHEREAS, First Community Bank is sponsoring the scoreboards for the sum of$36,000.00 for a period of 6 years; NOW,THEREFORE BE IT RESOLVED, BY THE CITY COUNCI OF THE CITY OF BATESVILLE, ARKANSAS SECTION 1: That the City of Batesville, Arkansas shall contract with First Community Bank for the sponsorship of scoreboards at North Complex. A copy of said con act is attached as Exhibit A. SECTION 2: The Mayor, Rick Elumbaugh and City Clerk, Denise Johnston are hereby authorized by the City Council for the City of Batesville to execute all documents necessary to effectuate the agreement. PASSED AND APPROVED this 13th day of May, 2014. RICK , MAYOR ATTEST: 1 DENISE M. JOHNSTOT4, CITY CLERK • EXHIBIT A ADVERTISING AND SPONSORSHIP AGREEMENT FOR SCOREBOARD SIGNAGE AT NORTH COMPLEX I This agreement is made by and between First Community Bank (SPONSOR) and the CITY OF BATESVILLE PARKS AND RECREATION DEPARTMEN (CITY), ON THIS 61' Day of May, 2014 (the"Effective Date"). I WHEREAS, the CITY is the owner of certain public park ameniti s known as the "North Complex", and hereafter referred to as the "FACILITIES"; and 1 WHEREAS, SPONSOR and the CITY desire to enter into this agi cement for the purpose of evidencing the agreement of the parties with regard to advertising on a fields at the North Complex by SPONSOR and the respective obligations of the parties regarding said advertisements at the Facilities: NOW, THEREFORE in consideration of the promises and the re procated 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 commencing on the Effective Date and ending at midnight on the sixth anniversary thereof. II. Advertisement at Facilities f a. It is agreed between the parties hereto, in return for the ca enants and conditions set forth herein that the SPONSOR'S name and/or logo sh ll be put on: i. Signs to be erected on scoreboards on seven athleti fields at the North Complex for a period of 6 years at the price of$6,(00.00 per year. b. It is agreed between the CITY and the SPONSOR that the sign size shall be 24"x 120" and the CITY will be responsible for the maintenance and upkeep of the sign. In addition, CITY will pay for the sign including any graphics on the sign. However, it shall be the responsibility of the SPONSOR tc bear any expense should changes be requested to the sign during the term of this agreement. c. It is agreed between the CITY and the SPONSOR that allsignage will be uniform in size and no other sponsorship signage will be placed on scorebaords that exceeds 24"x 120". • 1 • d. It is agreed between the CITY and the SPONSOR that the FACILITIES will be maintained by the CITY and that FACILITIES will be ker t functional and maintained on a regular basis. e. It is agreed that the CITY reserves the right to remove SF NSOR's signage and obtain a new sponsor in the event of failure of payment on the part of the SPONSOR. I f. It is agreed between the CITY and the SPONSOR that the SPONSOR shall pay over a period of 6 years for the signs and sponsorships the total sum of $36,000.00. i. A sum of$6,000.00 shall be paid no later than the Ot" day of February for a period of 6 years during the effective dates of th contract. III. Assignability and Exclusivity a. This agreement is a privilege for the benefit of SPONSOR only and may not be assigned in whole or in part by SPONSOR to any other pe son or entity. IV. Miscellaneous Provisions a. No modification of this Agreement shall be effective unles 3 it is made in writing and signed by the authorized representatives of the parties ereto. b. This Agreement shall be construed under and in accordanc with the laws of the • State of Arkansas and venue for any litigation concerning his 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 immune from liability. d. In case any one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. e. Each party represents to the other that the individual signir g 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 e day and year set forth below. • 2 First Com ity By: Name:����� �I e_ �o c— Title: &A C-M A J � Date: 3- -/a,7�/y City of Batesville By. --- Name: Title: Date: ATTE By: Name: t� Title: Uer Date: L L 3