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HomeMy WebLinkAbout2011-12-04-R RESOLUTION NO. A RESOLUTION TO CONTRACT WITH FIRST COMMUNITY BANK FOR THE SPONSORSHIP OF ONE BALL FIELD AT FITZHUGH PARK WHEREAS, the City of Batesville owns and maintains Fitzhugh Park located at 1420 S. 20th Street; WHEREAS, First Community Bank is seeking sponsorship recognition on a ball field at Fitzhugh Park; WHEREAS, First Community is sponsoring the fields for the sum of$7,500.00 for a period of 5 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 First Community Bank for the sponsorship of a ball field at Fitzhugh Park. A copy of said contract 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 (W effectuate the agreement. PASSED AND APPROVED this 13th day of December, 2011. pp Rick Elumbaugh, Mayor ATTEST: 04 r-,,, cpp Denise M. Johnston, City berk k (W EXHIBIT A ADVERTISING AND SPONSORSHIP AGREEMENT FOR A FIELD AT FITZHUGH PARK This agreement is made by and between First Community Bank (SPONSOR) and the CITY OF BATESVILLE PARKS AND RECREATION DEPARTMENT (CITY), ON THIS 1 st Day of January, 2012 (the"Effective Date"). WHEREAS, the CITY is the owner of certain public park amenities known as "Fitzhugh Park", and hereafter referred to as the"FACILITIES"; and WHEREAS, SPONSOR and the CITY desire to enter this agreement for the purpose of evidencing the agreement of the parties with regard to advertising on a field at Fitzhugh Park by SPONSOR and the respective obligations of the parties regarding said advertisements at the Facilities: NOW, THEREFORE in consideration of the promises and the reciprocated covenants Land 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. H. 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 be put on: i. Sign to be erected on an athletic field of the SPONSOR'S choice at Fitzhugh Park for a period of 5 years at the price at $1,500.00 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 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 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 field signage will be uniform in size and no other sponsorship signage will be placed at the FACILITIES that exceeds 36" x 72". Scanned 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 SPONSOR'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 sponsorships the total sum of $7,500.00. i. A sum of$1,500.00 shall be paid no later than the I& 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 hereto. 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. 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 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. . L ® First Community Bank By: Name: ra IrA Title: MQ.1,1ihn�j, `rr Date: a Jai 111 City of Batesvil e By: Name:--A. Title: Date: _Z J_J ATTE By: vj-j Name: Title: �; G Date: •