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Scoreboard @ Bill BurkeSCOREBOARD AGREEMENT This Agreement is made this day al corporation, of `����e t , 1994 between the CITY OF SALINA, KANSAS, a munici p rporation , (the "Cin UMB NATIONAL BANK OF AMERICA, (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. 13. 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 THEREFORE 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 ght to display an commercial advertisement on the Ad Panel attached to the scoreboard C be installed at Field No. 6 for a term of five (5) years from the date the Ad Panel is laced on the scoreboard. 2. Payment. In consideration for the advertising rights granted in paragraph (1.) bove, the Advertiser shall pay the City the sum of $1,220, which equals the price of the coreboard 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 yards where most suitable for players and spectators, based upon the manufacturer's 4. Term of Agreement. The City shall purchase and install the Scoreboards for commencing with the 1994 baseball/softball season. This Agreement shall be for a term 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 Scoreboards. Maintenance of the Ad Panel shall be responsibility and expense of the ivertiser. The Advertiser shall maintain the Ad Panel in an aesthetically pleasing manner, eject to the approval of the City. If the Advertiser fails to properly maintain the Ad nel, the City reserves the right to remove the Ad Panel from display on the scoreboard til such time the Advertiser has restored the condition of the Ad Panel to the City's isfaction. The Advertiser shall be responsible for the cost of any modifications it chooses 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 Aueement. This Agreement contains the entire agreement between he parties relating to the subject matter herein contained and no termination or odification of this Agreement shall be valid unless in writing and approved by an executive fficer of the City and either attached to or endorsed onto this Agreement. 9. Kansas law. This Agreement shall be governed by the laws of the State of kansas. 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 67402-0736 Advertiser - Ronald L. Green, Senior Vice President UMB National Bank of America 100 South Santa Fe P.O. Box 560 Salina, KS 67402-0560 2 IN VATNESS WI-EEREOF, the parties have hereunto set their hands the day and year first above written. ATTEST: CITY OF SALINA, KANSAS 40PR16• 4 Warner, Mayor UMB NATIONAL BANK OF AMERICA By: a s t Ronald L. G en, Senior Vice President 3