CM-2017-1487 - 10/6/2017SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
This Sponsorship Agreement ("Agreement") is entered into as of C -200-1-7,
by and among Cou , and by Marriott — Round Rock ("Sponsor"), a corporation, and the City o Rf ound
Rock, Williamson County, State of Texas, a home -rule municipal corporation, ("City"), for the
purposes of contracting certain sponsorship rights as set forth herein concerning the City of Round
Rock's Facility known as the Round Rock Sports Center ("Sports Center").
WHEREAS, City owns, operates and leases Sports Center, located at 2400 Chisholm Trail
Drive, Round Rock, Texas, for various sports and recreational events and activities; and
WHEREAS, Cou , and by Marriott — Round Rock desires to be a sponsor of the Sports Center
based upon the terms set forth below.
NOW THEREFORE, in consideration of the terms, conditions and covenants herein
contained, the parties agree as follows:
1. The term of this Agreement and the sponsorship rights granted hereunder shall
commence on October 1, 2017 and continue through December 31, 2018 ("Expiration Date") at which
time the sponsorship rights granted hereunder shall automatically terminate.
2. In consideration of the grant of specified sponsorship rights under this Agreement,
Sponsor shall pay the following sponsorship fee: the sum of Two Thousand Eight Hundred and No/100
Dollars ($2,800). Sponsor shall pay such sponsorship fee, along with material production costs
(included), to the City upon execution of this Agreement or in installments as agreed upon by both
parties.
The Sponsor shall receive the following sponsorship benefits:
✓ Gymnasium Banner (Seating Section 104):
Quantity:I [$2,800/yr]
4. The Sponsor shall be responsible for the following:
Payment of annual sponsorship fee
5. The City shall be responsible for the following:
Displaying banner in section 104 (or better, if available) of the Sports Center
6. The parties may agree in writing, subject to the approval of the City's authorized agent,
to extend the Agreement prior to the expiration of the initial term or any subsequent extended term.
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7. Each party shall indemnify, and hold the other party harmless from and against all suits,
actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all
other costs or fees arising out of, or incident to, concerning or resulting from the fault of the other
party. Nothing herein shall be deemed to limit the rights of the parties (including, but not limited to
the right to seek contribution) against any third party who may be liable for an indemnified claim.
8. Sponsor, its agents, and employees shall use best efforts to comply with all applicable
federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with
all applicable rules and regulations promulgated by local, state and national boards, bureaus and
agencies.
9. This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,
exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed
by and construed in accordance with the laws and court decisions of the State of Texas.
10. If any party breaches any of the terms and conditions of this Agreement and fails to
rectify such default in accordance with a written notice from a non -defaulting party within ten (10)
days after the date of such notice (or a longer period if all parties agree to same in writing), a non -
defaulting party may terminate this Agreement at any time thereafter.
10.1 City may terminate this Agreement immediately if any of the following occur:
10.1.1 Sponsor is wound up or dissolved, becomes insolvent or enters into an
agreement with its creditors, or if a receiver, manager or liquidator is appointed in
respect of Sponsor;
10.1.2 Sponsor's business operations or the business or activities of any
associated company are contrary to any City of Round Rock policy;
10.1.3 City determines that, for whatever reason, it should no longer use the
sponsored purpose/product or be associated with Sponsor.
10.2 Sponsor may terminate this Agreement immediately if it determines that, for
whatever reason, it no longer wishes to continue sponsorship as set forth herein.
10.3 The rights and remedies herein conferred are cumulative and not exclusive of
any other rights or remedies, and shall be in addition to every other right, power and remedy
that Sponsor may have, whether specifically granted herein, or hereafter existing at law, in
equity or by statute, and any and all such rights and remedies may be exercised from time to
time and as often and in such order as Sponsor may deem expedient. No delay or omission in
the exercise or pursuance of any right, power, or remedy shall impair any such right, power, or
remedy or be construed to be a waiver thereof.
10.4 If this Agreement is terminated, Sponsor shall not be required to pay any unpaid
installments of the sponsorship fee (if payment is by installment).
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10.5 The termination of this Agreement shall not prevent any party from taking
action to enforce a term or condition of this Agreement in respect of any breach occurring prior
to such termination.
10.6 Upon the occurrence of default, the defaulting or breaching party agrees to pay
all damages, costs, and expense, including without limitation, reasonable attorneys' fees and
legal expenses, incurred by the non -defaulting or non -breaching party in recovering such
damages, costs, and expenses or in enforcing or exercising any remedies under this Agreement.
11. The rights of either party under this Agreement shall not be transferable or assignable
either in whole or in part.
IN WITNESS WHEREOF, City and Sponsor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas
elz-
By:
Printed Name: C)
Title: f'C S.5 -f .('01V 11 -'LGA t. �
Date Signed: 1c, - cr -f
Attest:
By: --
Sara L. White, City Clerk
3
Courtyard by Marriott - Round Rock
By: cL.CG�UCUZGZ�
Printed Name: l
Title:
Date Signed:
City of Round Rock
i
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement with Courtyard by Marriott -
Round Rock for advertising at the Round Rock Sports Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/6/2017
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: LAF, Agreement
Department: Sports Management and Tourism
Text of Legislative File CM -2017-1487
Consider authorizing a Sponsorship Agreement with Courtyard by Marriott - Round Rock
for advertising at the Round Rock Sports Center.
With this agreement the sponsor shall recieve one gymnasium banner ( Seating Section
104).
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