CM-2017-1534 - 11/3/2017PENDING FINAL SIGNATURE
FROM OTHER PARTY
SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
This Sponsorship Agreement ("Agreement") is entered into as of 110V —3!wi
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.
S. 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. l 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). Further, if this agreement is
terminated by City, the Sponsorship Fee shall be prorated by calendar month, and Sponsorship
Fee no yet earned by City shall be refunded to Sponsor.
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.
I0.6 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
Attest:
By: gler
—
Sara .%Lite,�ity
3
Luby's Fuddruckers Restaurants, LLC
By:
Printed Name:
Title:
Date Signed:
City of Round Rock
r
ROUND ROCK
T _. Agenda [tem Summary
Agenda Number:
Title: Consider authorizing a Sponsorship Agreement with Luby's Fuddruckers
Restaurants, LLC for advertising at the Round Rock Sports Center.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/3/2017
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: LAF, Agreement
Department: Sports Management and Tourism
Text of Legislative File CM -2017-1534
Consider authorizing a Sponsorship Agreement with Luby's Fuddruckers Restaurants,
LLC for advertising at the Round Rock Sports Center.
With this agreement the sponsor shall receive a Lower Level Banner (3' x 20' ; Court 4)
Cffy of Round Rock Page 1 Printed on 111212017