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R-90-1447 - 5/10/1990j .PC.PF7 Wf' G'F ✓.FFFNJ[ j ///E � o,Pf7QGE � ES ... /N J J (_ry9//111L94 el7l/J77 //SEE GA/ AfirD Jl-?/icrJ 9 JN/ GTGN / 2 c J �s1��tir 696,,e6 00,511 /6" ep 24 ). i ✓�"Fivu F AJN,NGTav, „D. C% ///G �Urv/J.PAOGE ".5NC,QcTA.P)7 d/c %GG' � C1-79,717 /77 O��yC1 Gl35EGC ,�l-NATF [%Fig /C4 ��OG. W s L�� ✓7. e. �ui,o 9 ///E ,Z e pq/Je i PFG 6.4/e /4/ _ '9/7 (/N/van, Jam ,1E ��.�G CC/.�J/f /rrGEGSV _%' „20,3 � ✓Ac //ff � - THE f1i.P /d.YIN c'7C /a 615:,✓NOw /J Ul✓E' �/ff/Cf' �G�'i e. _ e03%S WHEREAS, the City of Round Rock desires to install scoreboards at the youth baseball fields, and WHEREAS, Austin Coca Cola Bottling Company has agreed to provide said scoreboards, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Austin Coca Cola Bottling Company to install scoreboards at the youth baseball fields, said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 10th day of May, 1990. ATTEST: RS05100C y Secretary RESOLUTION NO. / ! G // MIKE ROBINSON, Mayor City of Round Rock, Texas SCOREBOARD AGREEMENT AGREEMENT between Austin Coca -Cola Bottling Company, a Tennessee corporation (hereinafter referred to as "Bottler ") and City of Round Rock Parks and Recreation (hereinafter referred to as "Dealer "). ld WHEREAS, Dealer owns and operates certain athletic facilities has O Old Settlers Park, 3300 Palm Valley Road, Round Rock, Texas ( "Facility ") and authority to offer certain advertising and product availability rights in such Facility over a ten (10) year term; and and Bottler desires to advertise certain drinks be made availablefor ale in such Facil ty n products and WHEREAS, in order to accomplish the aforesaid objectives, Dealer is in need of a scoreboard, and Bottler desires to assist in the purchase of a scoreboard and ad panels, for the Facility, at a cost not to exceed $3,876.85, which cost shall be paid by Bottler as set forth herein. NOW, THEREFORE, in consideration of the acts and promises contained herein, the parties hereby agree as follows: A. Responsibilities of Bottler. Bottler hereby promises that it shall: 1. Pay the cost of purchasing the Scoreboard, up to three thousand one hundred twenty -four dollars and seventy -five cents ($3,124.75), including the freight charges and pay the cost of purchasing eight t panels for existing scoreboards up to a cost of $752.10 ( "Panels "), g freight charges. 2. For the rights granted (8) years herein, beginning Bottler anuary shall 992, wit h per year for eight (8) g� be made in January 1999. 3. Bottler shall provide $200.00 per league for activity development, not to exceed $600.00. 4. Bottler shall support Dealer as a corporate sponsor of "Sportsfest 90 ", as set forth in the sponsorship information attached as Exhibit A. B. Responsibilities of Dealer. Dealer hereby promises that it shall: 1. Cause to be installed a scoreboard and ad panels as described on Exhibit B (the "Scoreboard ") in the Facility at the location specified by Dealer, in accordance with applicable building and electric codes. 2. Cause the soft drinks Coca -Cola, Coca -Cola Classic, diet Coke (or TAB), Sprite (or diet Sprite), Dr Pepper and other available brands purchased from Btlr to be coole s g the premises of Facility and at machines, allother locati locations on the premises of the Facility where soft drinks are sold or dispensed during the term of this Agreement. 1 3. Cause all menu boards, equipment and concessionaires dispensing soft drink products on the premises of the Facility to carry advertising panels supplied by Bottler which are clearly visible to the purchasing public. 4. Grant exclusive soft drink advertising rights on the Scoreboards and in the Facility to Bottler and not grant advertising rights on the premises of the Facility to any manufacturer or distributor of carbonated soft drinks other than Bottler during the term of this Agreement. 5. Maintain the Scoreboard and Panels in good condition and repair during the term of this Agreement and to allow access by Bottler personnel to change the advertising message on the Scoreboard and Panels, such changes to be in Bottler's sole discretion and at Bottler's expense. 6. Pay all costs of operating the Scoreboard and Panels, including, but not limited to, all utility charges and lamp replacement. 7. Maintain the following insurances: A. All risk property insurance in an amount equal to the replacement cost of the Scoreboard and Panels and naming the Bottler as an additional insured as its interest may appear. B. General Liability Insurance in the amount of $500,000 per *occurrence, including contractual liability for this Agreement. C. Certificates of Insurance confirming the existence of such coverages shall be provided to the Bottler annually and contain a 10 -day notice of cancellation provision. C. Ownership of the Scoreboard. 1. The Scoreboard and Panels shall be the personal property of Dealer during the entire term of this Agreement. 2. Dealer will pay all taxes and permit and license fees associated with the erection, use or ownership of the Scoreboard and ad Panels. 3. THE PROVISION OF THE SCOREBOARD IS ON AN "AS I5" BASIS. EOTTLER DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR THE INTENDED PURPOSES, AND BOTTLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGE. D. Indemnification. 1. Dealer agrees to defend, indemnify and hold Bottler harmless from and against all claims, suits, liabilities, costs and expenses, including reasonable attorneys' fees, for any injury, damage or loss to persons, including death, whether they be third persons or employees of either of the parties hereto, or any injury, damage or loss of property arising out 2 of its performance of this Agreement or claims associated in any way with the purchase, use or operation of the Scoreboard or Panels by Dealer or third parties. 2. The indemnity shall survive the termination of this Agreement and shall not apply to any injury, damage or loss caused in whole by the negligence of Bottler. 3. Compliance by Dealer with the insurance provision in Section B.6 of this Agreement shall not relieve Dealer of its obligations under this indemnity provision. 4. Whenever the term "Bottler" is used in this Section D, it shall include parents, subsidiaries, affiliates, officers, agents, servants and employees of Bottler. E. Term and Termination. 1. The term of this Agreement shall commence on the date the last party executes this Agreement and shall be for a period of ten (10) years Bottler shall have a right of first refusal to renew the rights granted herein at a mutually agreeable cost. If no Agreement can be reached, then the rights granted herein shall not be offered to any third party upon more favorable terms or conditions without first offering same to Bottler. 2. If Dealer fails to perform any of the promises set forth in this Agreement, Bottler may terminate this Agreement, and Dealer shall pay to Bottler a pro rata portion of the amount Bottler has invested in the purchase and installation of the Scoreboard and Panels. 3. Notwithstanding the other provisions of this Agreement, if any federal, state or local law, rule, regulation or order prohibits, restricts, or in any manner interferes with the use of the Scoreboard or Panels by Dealer or with the sale or advertising of carbonated soft drinks and related beverages at any time during the term of this Agreement or if for any reason the use of the Facility declines, then Bottler may terminate this Agreement and Dealer shall pay to Bottler a pro rata portion of the amount Bottler has invested in the purchase and installation of the Scoreboard and Panels. 4. Dealer represents and warrants that it has full right and authority to enter into this Agreement and to grant and convey to Bottler the rights set forth herein. Upon expiration or revocation of such authority, Bottler may terminate this Agreement, and Dealer pay to Bottler a pro rata share of the amount Bottler has invested in the purchase and installation of the Scoreboard and Panels. F. Miscellaneous. This Agreement constitutes the entire understanding of the parties and no terms may be altered or waived except by the mutual written consent of both parties. This Agreement may not be assigned nor the Scoreboard or Panels sold or otherwise conveyed by Dealer without Bottlers written consent. 3 BOTTLER Date: 3/9/94 DEALER: By: 1 Title: 010.11/ Date: GI )0,/9q0 4 AUSTIN COCA - COLA /DR PEPPER COMMITS TO SUPPORT THE ROUND ROCK PARKS AND REC- REATION DEPARTMENT AS A CORPORATE SPONSOR FOR "SPORTSFEST '90" IN THE AMOUNT OF $5,000, AS OUTLINED IN THE SPONSORSHIP INFORMATION. AUTHORIZED SIGNATURE EXHIBIT A SPONSORSHIP CITY OF ROUND ROCK PARKS & RECREATION DEPARTMENT AUSTIN COCA - COLA /DR PEPPER BOTTLING COMPANY Attach: EXHIBIT B Scoreboard Description I. Spectrum Corporation Scoreboard Model 11108 Size: 9'9" L x 9'9" H Features: 9'9" L x 2'3" H Coca -Cola Ad Panel Porcelain Finish Sun Filter Screens Scores and Innings to 19 Ball, Strike, Out, Hit, and Error Indicators II. Coca -Cola Ad Panels from Spectrum Scoreboard Company for existing Scoreboards 8 Panels: 36" H x 54" L (Coca -Cola Trademark) DATE: May 8, 1990 SUBJECT: City Council Meeting, May 10, 1990 ITEM: 13C. Consider a resolution authorizing the Mayor to enter into an agreement with Austin Coca - Cola Bottling Company regarding scoreboards at the youth hageball fields and Sportsfest. STAFF RESOURCE PERSON: SHARON PRETE STAFF RDODMMENDATIONS: Staff and the Youth Association presidents solicited proposals from Coke and Pepsi representatives for the purchase of score- boards and program sponsorships. Staff recommends that we enter into an agreement with Austin Coca -Cola Bottling Company because their proposal provided the best value for the City. the outright purchase of one (1) scoreboard and advertising signs totaling $3,876.85. a payment of $1,416.75 per year for eight (8) years (the value of eight (8) scoreboards. - a contribution of $600.00 to the associations for program development. - a contribution to SPORTSFEST '90 totaling $5,000.00. In addition, Austin Coca-Cola has provided ice machines, menu boards and clocks for the concession facilities. ECONOMIC IMPACT: The total value of Austin Cocacola's proposal is $20,810.85.