Scoreboard @ Bill Burke
SCOREBOARD AGREEMENT
This Agreement is made this -/i-Ifday of
SALINA, KANSAS, a municipal corporation, (the I
a division of saIW~ SALES ENTERPRISES,
, 1994 between the CITY OF
') and TONYS PIZZA SERVICE,
., (the "Advertiser").
Recitals
A. The City owns and operates a youth baseball/softball facility known as Bill Burke
Park (the "Park").
B. The City desires to install electronic scoreboards on five of the playing fields located
in the Park (the "Scoreboards").
C. The City desires to pay the cost of the new billboards by allowing advertisers to
advertise on a 94" by 18" two-dimensional advertising panel (the "Ad Panel") to be
located on each scoreboard.
D. The Advertiser desires to acquire the right to advertise on one of the Scoreboards
upon the terms and conditions set forth in this Agreement.
NOW TIlEREFORE in consideration of the mutual covenants and promIses
contained herein, the parties agree as follows:
1. Granting of Advertising Rights. The City hereby grants the Advertiser the
right to display an commercial advertisement on the Ad Panel attached to the scoreboard
to be installed at Field No.4 for a term of five (5) years from the date the Ad Panel is
placed on the scoreboard.
2. Payment. In consideration for the advertising rights granted in paragraph (1.)
above, the Advertiser shall pay the City the sum of $1,220, which equals the price of the
scoreboard to be installed. Payment shall be due and payable to the City prior to the
placement of the Ad Panel on the scoreboard.
3. Installation of Scoreboard. The City reserves the right to locate the
Scoreboards where most suitable for players and spectators, based upon the manufacturer's
recommendations.
4. Term of Agreement. The City shall purchase and install the Scoreboards for
use commencing with the 1994 baseball/softball season. This Agreement shall be for a term
of five (5) years commencing upon the date the Ad Panel is placed on the applicable
scoreboard. Upon expiration of this Agreement, the Advertiser shall have the first right to
accept or refuse to continue advertising on the scoreboard upon terms to be established by
the City at that time.
5. Assignment. This Agreement shall not be assigned by the Advertiser nor shall
the Advertiser grant to any other person any of its rights without prior written consent of
the City.
6. Maintenance. The City shall be responsible for the ongoing maintenance of
the Scoreboards. Maintenance of the Ad Panel shall be responsibility and expense of the
Advertiser. The Advertiser shall maintain the Ad Panel in an aesthetically pleasing manner,
subject to the approval of the City. If the Advertiser fails to properly maintain the Ad
Panel, the City reserves the right to remove the Ad Panel from display on the scoreboard
until such time the Advertiser has restored the condition of the Ad Panel to the City's
satisfaction. The Advertiser shall be responsible for the cost of any modifications it chooses
to make to the Ad Panel during the term of this Agreement.
7. Independent Contractor. The Advertiser shall act at all times herein as an
independent contractor and nothing contained herein shall be construed to create the
relationship of principal/agent or employer/employee between the Advertiser and the City.
8. Entire Agreement. This Agreement contains the entire agreement between
the parties relating to the subject matter herein contained and no termination or
modification of this Agreement shall be valid unless in writing and approved by an executive
officer of the City and either attached to or endorsed onto this Agreement.
9.
Kansas.
Kansas law. This Agreement shall be governed by the laws of the State of
10. Notices. All notices required hereunder shall be deemed duly given if sent
certified mail to the following address:
City - City Clerk
City of Salina
P.O. Box 736
Salina, KS 67402-9?~J-
; D))S u~~
Advertiser - CommunicatbQ Administrator
Tony's Pizza Service, a division of Schwan's Sales
Enterprises, Inc.
3019 Scanlan Avenue
Salina, KS 67401
2
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IN WTI'NESS WHEREOF, the parties have hereunto set their hands the day and
year first above written.
CITY OF SALINA, KANSAS
~4&~
Jose A. Warner, Mayor
AITEST:
JU~~'~
TONY'S PIZZA SERVICE, a division of
SCHW AN'S SALES RPRISES, INe.
By:
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