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HomeMy WebLinkAbout2014-06-01-R RESOLUTION# 2014-06-01-R A RESOLUTION TO CONTRACT WITH OZARK MOUNTAIN POULTRY FOR THE SPONSORSHIP OF TWO SIGNS AT THE NORTH COMPLEX WHEREAS,the City of Batesville owns and maintains the North Compl x located at 3045 E. Main St.; WHEREAS, Ozark Mountain Poultry is seeking sponsorship recognition on two signs at the North Complex; WHEREAS, Ozark Mountain Poultry is sponsoring the signs in the amount of$15,000.00 for a period of 5 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 Ozark Mountain Poultry for the sponsorship of two signs at the North Complex. A copy of said co itract is attached as Exhibit A. SECTION 2: The Mayor, Rick Elumbaugh and City Clerk, Denise John Ston 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 12th day of June, 2014. RICK ELUMBAUGH, MAYOR ATTEST: DENISE M. JOHNSTON, CITY CLERK EXHIBIT A ADVERTISING AND SPONSORSHIP AGREEMENT FOR SCOREBOARD SIGNAGE AT NORTH COMPLEX This agreement is made by and between Ozark Mountain Poultry(S ONSOR)and the CITY OF BATESVILLE PARKS AND RECREATION DEPARTMENT(CITY),ON THIS 27th Day of May,2014(the"Effective Date"). WHEREAS,the CITY is the owner of certain public park amenities known as the"North Complex",and hereafter referred to as the"FACILITIES";and WHEREAS, SPONSOR and the CITY desire to enter into this agree ent for the purpose of evidencing the agreement of the parties with regard to advertising on a fie:'ds at the North Complex by SPONSOR and the respective obligations of the parties regardit g said advertisements at the Facilities: NOW,THEREFORE in consideration of the promises and the reciprocated covenants and obligations contained herein,the parties agree as follows: `,. I. Term a. The term of this Agreement is for a period of 5 YEARS commencing on the Effective Date and ending at midnight on the fifth anniversary thereof II. Advertisement at Facilities a. It is agreed between the parties hereto, in return for the covenants and conditions set forth herein that the SPONSOR'S name and/or logo shall tie put on: i. A sign to be erected on two athletic fields at the NorthComplex for a period of 5 years at the price of$1,500.00 per year,pe sign. b. It is agreed between the CITY and the SPONSOR that the sigr size shall be 24"x 120"and the CITY will be responsible for the maintenance an I 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 to be 1 any expense should changes be requested to the sign during the term of thiE agreement. c. It is agreed between the CITY and the SPONSOR that all sign ige will be uniform in size and no other sponsorship signage will be placed on sco eboards that exceeds 24"x 120". • 1 I 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 kept ibnctional 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 the part of the SPONSOR. £ It is agreed between the CITY and the SPONSOR that the SPONSOR shall pay over a period of 5 years for the signs and sponsorships the tor al sum of $15,000.00. i. A sum of$3,000.00 shall be paid no later than the I Oh day of February for a period of 5 years during the effective dates of this 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 person or entity. IV. Miscellaneous Provisions a. No modification of this Agreement shall be effective unless it is made in writing and signed by the authorized representatives of the parties he to. b. This Agreement shall be construed under and in accordance with the laws of the State of Arkansas and venue for any litigation concerning this Agreement shall be in Independence County, Batesville, Arkansas. �r 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 res ect,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 signing 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 the day and year set forth below. 2 OMP By: Name: - Title: Off- City of Batesville By: Title: ✓ ,� Date: ��� ATT By: Name: ' z Title: 'dCi Date: 1�;,-/-r-Y-6901 • 3