CM-2019-0023 - 1/25/2019 SPONSORSHIP AGREEMENT
ROUND ROCK MULTIPURPOSE COMPLEX
This Sponsorship Agreement("Agreement")is entered into as o- 9- `2019
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by and among Shade Tree Lemonade ("Sponsor"), a corporation, and the City o' and 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, Shade Tree Lemonade desires to be a sponsor of the Multipurpose Complex
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 March 1, 2019 and continue through December 31, 2019 ("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 and No/100 Dollars
($1,000.00. Sponsor shall pay such sponsorship fee,along with material production costs,to the City
upon execution of this Agreement or in installments as agreed upon by both parties. Invoice shall be
paid in full no later than December 1,2019.
3. The Sponsor shall receive the following sponsorship benefits:
✓ Interior Fence Banner(7'x20'):
Quantity: 1 [$1,000 four 10 months]
4. The Sponsor shall be responsible for the following:
Payment of annual sponsorship fee and banner replacement when needed
5. The City shall be responsible for the following:
Displaying banner on Field S or Field 10 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.
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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 detennines 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 Shade Tree Lemonade
By: X4 By:
Printed a e: Printed Name:
Title: Title: o�g/t — c,7.k t2
Date Signed. Date Signed: Z—
Attest:
By:. 144 1
Sara L. White, City Cler
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City of Round Rock
ROUND ROTEXAS �'� Agenda Item Summary
Agenda Number:
Title: Consider executing a Sponsorship Agreement with Shade Tree Lemonade
to be a sponsor of the Multipurpose Complex for various sports and
recreational events and activities. The term of this agreement shall
commence on March 1, 2019 and continue through December 31, 2019.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 1/25/2019
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: CMAF Shade Tree Lemonade, Sponsorship Agreement 2019- Shade Tree
Department: Sports Management and Tourism
Text of Legislative File CM-2019-0023
Shade Tree shall receive one interior fence banner at the Multipurpose Complex. The City shall
be responsible for displaying banner on Field 8 or Field 10 of the Multipurpose Complex.
City of Round Rock Page 1 Printed on 1/24/2019