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Home My WebLink AboutResolution - 2003-R0133 - Sponsorship Agreement For Mackenzie Amphitheatre - Coca Cola Enterprises, Inc. - 03_27_2003Resolution No. 2003-RO133 March 27, 2003 Item No. 40 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute on behalf of the City of Lubbock a Sponsorship Agreement for the Mackenzie Amphitheater with Coca Cola Enterprises, Inc., and any associated documents, which Sponsorship Agreement is attached hereto and which shall be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 27th day of s March ,-4 / , 2003. Mc90UGAL, MAYOR ATTEST: Rebecca Garza, City Secretary APPROVED ASTQ Cq..k�TENT: Randy T esdell, Parks and Recreation Director APPROVED AS TO FORM: Linda L. Chamales, Supervising Attorney AmpAdCokeRes -ccdocs March 11, 2003 Resolution No. 2003-RO133 March 27, 2003 Item No. 40 SPONSORSHIP AGREEMENT This Agreement, entered into this 27th day of March , 2003, by and between the City of Lubbock (herein called "City") and Coca Cola Enterprises, Inc. (herein called "Sponsor"). Whereas, the City of Lubbock, through it's Civic Centers Department, operates and maintains the Lubbock Memorial Civic Center and Municipal Auditorium -Coliseum complex; and Whereas, the citizens of Lubbock approved the construction of the Mackenzie Amphitheater; and Whereas, the Mackenzie Amphitheater will be a joint project between the Civic Centers Department and the Parks and Recreation Department; and Whereas, Sponsor has pouring rights in City of Lubbock facilities through August 25, 2009, and will have pouring rights at the Mackenzie Amphitheatre; and Whereas, the City, through the Civic Centers Department, has the right to sell sponsorships in the Civic Center, Auditorium, and/or Coliseum, as well as the soon to be constructed Mackenzie Amphitheater; and Whereas the City desires to grant. certain sponsorships for the Mackenzie Park Amphitheater; and Whereas, Sponsor desires to purchase a sponsorship in conjunction with events held at the Mackenzie Park Amphitheater: NOW, THEREFORE, for and in consideration of the mutual promises and covenants expressed herein, the parties agree as follows: 1. Definitions 1.01 "Advertising Copy" shall mean any words, slogans, themes, leitmotivs, designs, logos or comparable creative effort with respect to the advertising of Sponsor's products. 1.02 "Sponsor Package" shall mean the Signage locations conforming to the descriptions thereof noted in Exhibit "A" of this Agreement. 1.03 "Agreement" shall mean this Sponsorship Agreement entered into by the parties hereto. Sponsorship Agreement — Page 1 1.04 "City" shall mean the City of Lubbock, Texas, a municipal corporation, located in Lubbock County. 1.05 "Signage" shall mean the advertising space or panel as set forth in Exhibit "A" of this Agreement on which will be displayed Advertising Copy. 2. Term 2.01 This Agreement shall become effective upon execution of the contract and terminate at 12 midnight ten years from date of completion of the installation of the signage. 3. Grant of Sponsorship Rights 3.01 The City hereby grants to Sponsor the non-exclusive right to display the Advertising Copy on the signage included in the Sponsor Package as outlined in Exhibit "A" of this Agreement during the term of this Agreement; provided, however, it is expressly understood and agreed that the City is not in any way restricted by this Agreement from granting sponsorship rights to others and may determine, in its sole discretion, the location, content, and form of all such advertising of others. 4. Obligations of City 4.01 City will be responsible only for the initial installation of the Advertising Copy on the Signage. Any subsequent expenses for removal, replacement and reinstallation required as a result of changes of the Advertising Copy or otherwise, shall be borne by Sponsor. This does not include lighting required for backlit signage. All repair or replacement of the Signage shall be performed by the City as soon as practicable following notice of malfunction, damage or destruction. All utility costs attributable to the operation of the Signage shall be the responsibility of the City. 4.02 City will display and/or illuminate Advertising Copy at all public events held in the Mackenzie Park Amphitheater. 4.04 The fact that the production and staging requirements for some events at which Advertising Copy will be displayed may partially or totally obstruct Advertising Copy from view of some seats will not be a breach of City's obligations under this Agreement. 5. Sponsor's Obligations 5.01 Terms and Payment: As consideration for the obligations to be performed by the City, Sponsor will pay to the City the following: 2 An initial installment of $5,000 is due within sixty (60) days of the execution of the contract. Nine subsequent installments of $5,000 per year will be due on April 30 of each year thereafter. The total amount will not be less than $50,000. 5.02 Advertising Copy and Signage 5.02a Sponsor will provide copy and camera-ready art to City. The content and form of copy and camera-ready art will be subject to the Parks and Recreation Director's approval. Such approval shall not be unreasonably withheld. The initial Advertising Copy will be placed at the expense of the City. The Advertising Copy may be changed at any time thereafter; provided, however, that the specifications for such changes have been approved by the Parks and Recreation Director, which approval shall not be unreasonably withheld, and all costs necessary or incidental thereto shall be borne by Sponsor and paid in advance. 5.02b Sponsor agrees that the Signage on which the Advertising Copy will be displayed hereunder is the sole property of the City and shall remain in the possession of the City upon termination of this Agreement. 5.02c All Advertising Copy, including any logos or label designs and product identification of Sponsor, Sponsor's official decals and artwork, and Sponsor's advertising, marketing, and promotional concepts as referred to herein, shall be and remain the property of Sponsor. Any and all rights under trademarks, service marks, copyrights, or other property rights of Sponsor shall inure to the benefit of Sponsor. The City's right to use the above pursuant to this Agreement shall continue only for the term of this Agreement, and Sponsor represents and agrees that the City may use any of the foregoing in the Advertising Copy. 5.02d Except as expressly provided herein, neither party shall have the right to use in any way the corporate or tradename, trademark(s), service mark (s), logo(s) or other identification of the other party or its affiliates without the other party's prior written consent. 6. Renewal 6.01 Sponsor will have the first right to negotiate with the City for the display of Advertising Copy in the manner provided for in this Agreement for periods subsequent to the term of this Agreement. The period for such negotiation shall begin no later than 12 months prior to the expiration date of this Agreement. If no agreement for renewal with Sponsor is reached within 6 months prior to the expiration date of this Agreement, the City may offer such sponsorship rights to any other potential sponsor on such terms as the City deems appropriate. 3 7. Licenses, Permits, Regulations and Taxes 7.01 Each party will obtain and maintain in effect at its sole expense all licenses or permits that are required for that party's performance of this Agreement and will comply with all applicable federal, state, and local laws. 7.02 Sponsor shall pay any and all taxes, levies and assessments imposed by any taxing authority on any portion of the advertising rights granted herein. 8. Indemnification 8.01 Sponsor shall indemnify and hold harmless the City and City's officers, agents, and employees from any and all expenses, costs, and liability from claims, causes of action, or judgments for libel, slander, copyright infringement, plagiarism, patent infringement, misrepresentation of rights or claims arising from the character, content, subject matter or display of any Advertising Copy; and for injury or death of a person or damage to property that arises directly or indirectly from the negligent or intentional acts or omissions of Sponsor and its officers, agents, employees, or subcontractors in the performance of this Agreement. 9. Termination and Default 9.01 Sponsor agrees to pay City for space leased according to the prices herein specified. All payments to be made to City in accordance with the provisions stated in Section 5.01 of this Agreement. In the case of default of such payment, the City may, at its option, terminate this contract without prejudice to any right to compensation and damages for breach thereof and any unpaid balance shall immediately be recoverable by City from Sponsor as liquidated damages. In the event of breach by Sponsor, the City is authorized, but not obligated, to cease providing advertising space to Sponsor for the whole or any part of the term of this Agreement and upon such terms and conditions as the City may determine. 10. Force Majeure 10.01 Delay, interruption or diminution of the performance of this Agreement from any cause beyond the control of either party hereto, including, without limitation, power blackout, war, state of national emergency, act of God, strike, civil disorder, work stoppage, tornado, picketing, damage or concerted action by any employees, shall not constitute a ground for cancellation of this Agreement by the other party. 11. Dispute rd 11.01 Should advertiser default hereunder, City may elect to cancel this Agreement and seek all applicable damages in connection therewith or, at its discretion, City may seek to specifically enforce the performance and obligations of Sponsor for the remainder of the term of this Agreement. 11.02 If any dispute arises under this Agreement necessitating a legal remedy or if the City is required to specifically enforce this Agreement, then, in all such events, the City shall be entitled to collect from Sponsor its reasonable attorneys' fees and court costs incurred in connection therewith. 12. Assignment 12.01 Advertiser may not assign any of its rights under this Agreement without the written consent of the Parks and Recreation Director, and no assignment of its rights hereunder shall discharge Sponsor from any of its obligations or liabilities under the terms of this Agreement. 13. Merger and Amendment 13.01 The provisions of this Agreement constitute the entire Agreement between the parties with regard to the subject matter hereof and no prior or contemporaneous agreement, written or oral, shall affect the terms hereof. No amendment to this Agreement shall be effective unless reduced to writing and signed by the authorized representative of each party. 14. Notice 14.01 Any notice given by either party shall be in writing and delivered either in person or by certified mail, return receipt requested, addressed to the party and addresses indicated below: To: City Randy Truesdell Parks and Recreation Director Lubbock Parks and Recreation 1010 9th Street Lubbock, TX 79401 To: Sponsor Na Title Address��( City, State, Zip 5 16. Governing Law 16.01 The validity, interpretation, performance, and enforcement of this Agreement shall be governed by the laws of the State of Texas. 17. Joint Venture 17.01 This agreement shall not be deemed a joint venture for any purpose nor shall either party be deemed a partner or employee of the other party. CITY OF LUBBOCK, TEXAS MAYOR ATTEST: Rebecca Garza, City Secretary /—""'—i5-onald G. Vandiver, First Assistant City Attorney APPRO ED AS TENT: Ra Truesdell, Parks and Recreation Director COC OLA ENTERP T SES, C. BY: �W Name:3�®W N � F I'm , � . t\ Title: ')u�k 01 Sponsorship Agreement — Page 6 D(HIBIT "A" - Resolution No. 2003-R BRONZE PLAQUE TO BE LOCATED AT HIGHLIGHTED AREA ON CONCOURSE, i .,u+ +oc.wow j DDDDDD MACKENZIE PARK 1��I AMPHITHEATER • 1 we ur MUAi�Va.! �Ylr-EMI m .r.w�m! ru anwar UJI11100K TOM fill �