HomeMy WebLinkAbout2014-05-02-R RESOLUTION# o&)
A RESOLUTION TO CONTRACT WITH INTIMIDATOR/BAD DAWG
ACCESSORIES FOR THE SPONSORSHIP OF ONE BALL FIELD ' T THE NORTH
COMPLEX
WHEREAS, the City of Batesville owns and maintains the North Comple located at 3045 E.
Main St.;
WHEREAS, Intimidator/Bad Dawg Accessories is seeking sponsorship ecognition on a ball
field at the North Complex;
WHEREAS, Intimidator/Bad Dawg Accessories is sponsoring a ball fie at the North
Complex 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 l: That the City of Batesville, Arkansas shall contract with In i idator/Bad Dawg
Accessories 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 n 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 ELUMt
ATTEST:
DENISE M. JOHNSTO , CITY CLERK
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EXHIBIT A
ADVERTISING AND SPONSORSHIP AGREE ENT
FOR A FIELD AT NORTH COMPLEX
This agreement is made by and between Intimidator& Bad Dawg ccessories
(SPONSOR)and the CITY OF BATESVILLE PARKS AND RECREATI N DEPARTMENT
(CITY), ON THIS 6th Day of May, 2014 (the"Effective Date").
WHEREAS, the CITY is the owner of certain public park ameniti known as the"North
Complex",and hereafter referred to as the"FACILITIES"; and
WHEREAS, SPONSOR and the CITY desire to enter this agreem t for the purpose of
evidencing the agreement of the parties with regard to advertising on a fie 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 recip ocated 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 co ening on the
Effective Date and ending at midnight on the fifth annivers y thereof.
11. Advertisement at Facilities
a. It is agreed between the parties hereto, in return for the cov ants and conditions
set forth herein that the SPONSOR'S name and/or logo shal be put on:
i. Sign to be erected on an athletic field of the SPONS R'S choice at the
North Complex for a period of 5 years at the price atl 1,500.00 per year
b. It is agreed between the CITY and the SPONSOR that the siE n size shall be 36"x
72" and the CITY will be responsible for the maintenance an, upkeep of the sign.
In addition, CITY will pay for the sign including any graphic on the sign.
However, it shall be the responsibility of the SPONSOR to b ar any expense
should changes be requested to the sign during the term of tl i agreement.
c. It is agreed between the CITY and the SPONSOR that all fig signage will be
uniform in size and no other sponsorship signage will be pla¢ d at the.
FACILITIES that exceeds 36"x 72".
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d. It is agreed between the CITY and the SPONSOR that the CILITIES will be
maintained by the CITY and that FACILITIES will be kep� ctional and
(, maintained on a regular basis.
e. It is agreed that the CITY reserves the right to remove SPQ SOR's signage and
obtain a new sponsor in the event of failure of payment on It a part of the
SPONSOR.
f. It is agreed between the CITY and the SPONSOR that the S ONSOR shall pay
over a period of 5 years for the erected signs and sponsorsli s the total sum of
$7,500.00.
i. A sum of$1,500.00 shall be paid no later than the l; `h day of February for
a period of 5 years during the effective dates of thisii ontract.
III. Assignability and Exclusivity
a. This agreement is a privilege for the benefit of SPONSOR 10 y and may not be
assigned in whole or in part by SPONSOR to any other pers 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 h reto.
b. This Agreement shall be construed under and in accordance -th 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 C TY or its respective
agents or representatives liable in situations it is otherwise i 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 r� pect, such invalidity,
illegality, or unenforceability shall not affect any other proud ion 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 signing his Agreement
below has been duly authorized to do so by its respective gd erning body and that
this Agreement is binding and enforceable as to each party.
IN WITNESS THEREOF thearties have executed this Agreement on the a and year set forth
p g � Y
below.
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Intimidator&Bad Dawg Accessories
By:
Name: ri 5 t rs ol�
Title: P'l�S Z W-04
Date:
City of Bat sv4le
By:
Name:
Title: 44J d
Date:
ATTE
By:
Name: r
Title: C-,; L
Date: S-
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