CM-2019-0047 - 2/8/2019SPONSORSHIP AGREEMENT
ROUND ROCK SPORTS CENTER
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This Sponsorship Agreement ("Agreement") is entered into as of f , 2011t, by
and among Burton Hotel Groun ("Sponsor"). a cotiloration, and the City of Round Rock, Williamson
County, State of Tcxas, 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 Tmil Drive,
Round Rock, Texas, for various sports and recreational events and activities; and
WHEREAS, Burton Hotel Group 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:
I. The term of this Agreement and the sponsorship rights granted hereunder shall
commence on a a L, 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 Four Thousand/Dollars
(5LOWI. Sponsor shall pay 50% of such sponsorship fee, along with material production costs, to the
City upon execution of this Agreement. Sponsor shall pay remaining 50ke of annual sponsorship fee to
the City no later than May I of each year
3. The Sponsor shall receive the following sponsorship benefits
✓ Gymnasium Banncr (Scating Scction):
Quantity: 2 [520001yr each]
1 banner in section 101, 1 banner in section 104
4. The Sponsor shall be responsible for the following:
Payment or annual sponsorship fee
Cost of banner production & Installation
5. The City shall be responsible for the following:
Coordinating banner artwork, production, and Installation with sponsor and City -
designated sign company
Displaying gymnasium banner above defined seating section
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 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
B. Sponsor, its agents, and employees shall use best efforts to comply with all applicable
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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. 1f 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-dcfaulting 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 rcccivcr, 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 purposc/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 arc 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 grunted 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).
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.
H. The rights of either party under this Agreement shall not be transferable or assignable
either in whole or in pan.
IN WITNESS WHEREOF, City and Sponsor have executed this Agreement on the dates
indicated.
City of Round Rock, Texas Burton Hotel Group
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City of Round Rock
?''ROUNDa Rocs Agenda Item Summary
Agenda Number:
Title: Sponsorship Agreement - Sleep Inn, Burton Hotel Group will sponsor cost of
production and installation of two gymnasium banners at the Round Rock
Sports Center. Dates of event are January 1, 2019 - December 31, 2019.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 2/812019
Dept Director: Chad McKenzie
Cost:
Indexes:
Attachments: CMAF Burton Hotel Group, Sleep Inn - Suites (2019)
Department: Sports Management and Tourism
Text of Legislative File CM -2019-0047
The Sponsor shall receive two seating section banners. One banner is section 101 and one
banner in section 104. The Sponsor shall be responsible for payment of annual sponsorship
fee and cost of banner production & installation. The City shall be responsible for coordinating
banner artwork, production and installation with sponsor and City -designated sign company
and displaying gymnasium banner above defined seating section.
City of Round Rock Pape 1 PHnted on 2/7!2019