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HomeMy WebLinkAbout2014-09-01-R RESOLUTION / — 0 • A RESOLUTION TO CONTRACT WITH CENTENNIAL BANK F R THE SPONSORSHIP OF ONE BALL FIELD AT THE NORTH COMPL 1.X WHEREAS, the City of Batesville owns and maintains the North Complex located at 3045 E. Main St.; WHEREAS, Centennial Bank is seeking sponsorship recognition on a 11 field at the North Complex; WHEREAS, Centennial Bank is sponsoring a ball field at the North Co plex for the sum of $7,500.00 for a period of 5 years; NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCI OF THE CITY OF BATESVILLE, ARKANSAS SECTION I: That the City of Batesville, Arkansas shall contract with Centennial Bank for the sponsorship of a ball field at the North Complex. A copy of said contract is attached as Exhibit A. ! SECTION 2: The Mayor, Rick Elumbaugh and City Clerk, Denise Johns on 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 91h day of September, 2014. RICK EL HA U GH, MAYM ATTEST: 1 • NISE M. JOHNSTON, OTV CLERK 0y1(k • EXHIBIT A ADVERTISING AND SPONSORSHIP AGREEMENT FOR A FIELD AT NORTH COMPLEX This agreement is made by and between Centennial Bank (SPON OR) and the CITY OF BATESVILLE PARKS AND RECREATION DEPARTMENT(CITY), DN THIS 91h Day of September, 2014 (the "Effective Date"). t 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 this agree nt for the purpose of evidencing the agreement of the parties with regard to advertising on a field at North Complex by SPONSOR and the respective obligations of the parties regarding said advertisements at the Facilities: F NOW, THEREFORE in consideration of the promises and the rec procated covenants • and obligations contained herein, the parties agree as follows: 1. 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. 11. Advertisement at Facilities a. It is agreed between the parties hereto, in return for the co enants and conditions set forth herein that the SPONSOR'S name and/or logo shall be put on: i. Sign to be erected on an athletic field of the SPON OR'S choice at North Complex for a period of 5 years at the price at $1,5 0.00 per year b. It is agreed between the CITY and the SPONSOR that the sign size shall be 36"x 72"and the CITY will be responsible for the maintenance ind 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 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 all lield signage will be uniform in size and no other sponsorship signage will be p aced at the FACILITIES that exceeds 36"x 72". • • 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 SP NSOR's signage and obtain a new sponsor in the event of failure of payment on the part of the SPONSOR. } f. It is agreed between the CITY and the SPONSOR that the SPONSOR shall pay over a period of 5 years for the erected signs and sponsorslips the total sum of $7,500.00. 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 unles3 it is made in writing and signed by the authorized representatives of the parties ereto. b. This Agreement shall be construed under and in accordan 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 E overning 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. Centennial Ba By: Name: w'n S . QosQ Title: N a.tA.+t- Pr,i;dr,}- Date: 18_1��( City of Bates 'lle By: Name: W'icj Title: of- Date: AT By: �-v Name: rK (16h Title: Date: