CM-2017-1493 - 10/13/2017SPONSORSHIP AGREEMENT
ROUND ROCK MULTIPURPOSE COMPLEX
This Sponsorship Agreement ("Agreement") is entered into as of ca - /—_-� '2017
by and among Andy's of Central Texas, LLC ("Sponsor"), a corporation, and the City of Round 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 Multipurpose Complex ("Multipurpose Complex").
WHEREAS, City owns, operates and leases Multipurpose Complex, located at 2001 N
Kenney Fort Blvd, Round Rock, Texas, for various sports and recreational events and activities; and
WHEREAS, Andy's desires to be a sponsor of the Multipurpose Complex based upon the
terms set forth below.
NOW THEREFORE, in consideration of the terns, 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 One Thousand Five Hundred and No/100
Dollars ($1,500.00). Sponsor shall pay balance of such sponsorship fee, along with applicable material
production costs, to the City in four installments as outlined in the invoice. Invoice shall be paid in
full no later than December 1, 2018.
The Sponsor shall receive the following sponsorship benefits:
✓ Interior Fence Banner (7'x20'):
Quantity: 1 [$1,500 for 15 months]
4. The Sponsor shall be responsible for the following:
Payment of annual sponsorship fee and banner replacement when needed
The City shall be responsible for the following:
Displaying banner on Field 1 of the Multipurpose Complex
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.
7. Each party shall indCnulify, 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) it, any third party who may be liable for an indemnified claim.
ti. 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 n ith
all applicable rules and regulations promulgated by local, state and national boards, burCaus and
'IL
Cllcies.
). This Agreement shall be enforceable in Round Rock, Texas, and if legal action is
necessary by either party with respect to the enforcement ofany or all of the terms orconditions herein,
exclusive venue for sante shall lie in Williamson County, [exas. 'phis Agreement shall he 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 falls to
rectify such default in accordance with a written notice: ti•on1 a nun-delaulting party within ten (10)
days after the date of such notice (or a longer period if all partic, 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 ifany of the following occur
10.1. I Sponsor is wound up or dissol%cd, becomes insolvent or enters into an
agreement with its creditors, or if a receiver, manager or liquidator is appointed n1
respect of Sponsor;
10.1.2 Sponsor's business operations of the business or acti%ities 01 ,111V
associated company are contrary to any City of Round Rock policy;
10. 1.3 City determines that, for %%hate\cr reason, it should no Ionizer Ilse the
sponsored pttrposC/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 riuhts and remedies herein conferred are cumulative and not eeclusite of
any other rights or remedies, and shall be in addition to c%cry other right, power and rented}
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 fioln time to
time and as often and in such order as Sponsor may deem expedient. No delay or unnssion to
the exercise or pursuance ofany 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 tic required to pay any unpaid
installments of the sponsorship fee (if payment is by installment).
1O.5 The termination of this Agreenfent shall not prevent any party from taking
action to enforce a term or condition ofthis Agreement in respect of any breach occurring prior
to such termination.
10.6 Upon the occurrence of detault. the defaultin!, or breaching Party agrees to pad
all damages, costs, and expense. including without limitation, reasonable attotnevs' fees and
legal expenses, incurred by the non -defaulting of non -breaching party in recovering such
darnages, costs, and expenses or in enforcing or exercising anN remedies under this Agteement.
H. The rights of either party under this Agreement shall not be transferable of assignable
either in whole or in part..
IN WITNFSS WHEREOF. City and Sponsor have c\ecuted this A�,reement on the dates
indicated
Cite of Round Rock, Texas
By: f�liG
Printed an C. _ � Y
Title. C�
Date Signe
Attest:
Bv-
Sara L White. City Clerk
3
AndN Is of Central Texas
P
Printed Namc:� rs f'IN�.e__._.
Title: p drr1--- - —_
Date Sir red
City of Round Rock
ROUND ROCK
TEXAS Agenda Item Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement allowing Andy's of Central
Texas, LLC to advertise at the Round Rock Multipurpose Complex.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 10/13/2017
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: LAF, Agreement
Department: Sports Management and Tourism
Text of Legislative File CM -2017-1493
Consider authorizing a Sponsorship Agreement allowing Andy's of Central Texas, LLC to
advertise at the Round Rock Multipurpose Complex.
With this agreement the sponsor shall receive an Interior Fence Banner (7'x 20')
Uny or mound Kock Page 1 Printed on 10/1212017