HomeMy WebLinkAboutR-1990-069 RESOLUTION NO. 69-90
A RESOLUTION OF THE CITY OF DANIA, FLORIDA,
APPROVING THE AGREEMENT BETWEEN FLORIDA
COCA-COLA BOTTLING COMPANY AND THE CITY OF
DANIA; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA,
FLORIDA:
Section 1 . That that certain Scoreboard Agreement between
Florida Coca-Cola Bottling Company and the City of Dania, a copy
of which is attached hereto as Exhibit "A" , be and the same is
hereby approved , and the appropriate city officials are hereby
directed to execute same.
Section 2. That this resolution shall be in force and take
effect immediately upon its passage and adoption.
PASSED and ADOPTED this 24th day of July , 1990.
'MAYOR - C MI ONER
ATTEST:
CITY CLERK - AUDITOR
APPROVED AS TO FURM AND CORRECTNESS :
(6. & V
FRANK C. ADLER, City Attorney
Resolution No. 69-90
SCOREBOARD AGREEMENT
AGREEMENT between Florida Coca-Cola Bottling Comoany
a corporation (hereinafter referred to as "Bottler" )
and city otDania
a corporation (hereinafter referred to as "Dealer" ) .
WHEREAS, Dealer owns and operates certain [athletic/other]
facilities at Nbdello Park
[arena/stadium/field] ( "Facility" ) and has the authority to offer
certain advertising and product availability rights in such
Facility over a Five ( 5 ) year term; and
WHEREAS, Bottler desires to advertise certain of its soft
drink products and that its soft drinks be made available for
sale in such Facility; 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, for the Facility, at a cost not
to exceed $ 2,160.00 , which cost shall be paid by Bottler
and Dealer 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 . Cause to be installed at the expense of City of Dania a
scoreboard as described on Exhibit A ( the "Scoreboard" ) in
,�.., the Facility at the location specified by City
in accordance with applicable building and electrical codes.
2 . Pay the cost of puruhasi1ng the Scoreboard, up to
One Thousand Six Eundr Ttwmty ( $ 1,620.00 )
including the freight charges . 25%
B. Responsibilities of Dealer. Dealer hereby promises
that it shall:
1. Cause the soft drinks Coca-Cola, Coca-Cola classic,
diet Coke (or TAB) and Sprite (or diet Sprite) purchased
from Bottler to be available in all vending machines,
concessions and coolers on the premises of the Facility and
at all other locations on the premises of the Facility where
soft drinks are sold or dispensed during the term of this
Agreement.
C
EXHIBIT "A"
2. Cause all menu boards, equipment and concessionaires
C 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.
3 . Grant exclusive soft drink advertising rights on the
Scoreboard 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.
4. Maintain the Scoreboard 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
Scorebcard, such changes to be in Bottler's sole discretion
and at Bottler' s expense.
5. Pay all costs of operating the Scoreboard, including,
but not limited to, all utility charges and lamp
replacement.
6 . Maintain the following insurances:
A. All risk property insurance in an amount equal to
the replacement cost of the Scoreboard 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.
(ALTERNATE FOR GOVERNMENTAL AGENCIES: The maximum insurance
coverages for property damage and personal injury which are
permitted by law. )
7. (Insert any provisions where Dealer is to repay all or
part of the cost of the Scoreboard - see alternate proposals
ucivw:
A. Dealer shall pay (all or some fraction) of the
cost of (installation and/or the Scoreboard) upon
termination of this Agreement.
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B. Dealer shall pay (all or some fraction) of the
e cost of (installation and/or the Scoreboard) in
equal installments payable by the first
day of every month/calendar quarter, beginning
and ending )
C. Ownership of the Scoreboard.
1. Alternate paragraphs.
A. The Scoreboard shall remain the personal property
of Bottler during the entire term of this
Agreement, and it is not intended to be affixed to
or become a part of any realty.
B. The Scoreboard shall remain the personal property
of Bottler, and it is not intended to be affixed
to or become part of any realty during the term of
this Agreement. On the last day of this Agreement
or upon payment in full by Dealer of the amounts
due pursuant to paragraphs B.7, E. 2, E. 3 and E. 4 ,
Bottler shall transfer to Dealer and Dealer shall
accept all Bottler ' s right, title and interest in
and to the Scoreboard.
C. The Scoreboard shall be the property of the
Dealer.
2. City of Dania will pay all taxes and permit and
license fees associated with the erection, use or ownership
of the Scoreboard.
3 . Upon request of Bottler, Dealer shall execute the
number of financing statements or similar instruments
requested by Bottler to evidence the transactions
contemplated by this Agreement and hereby authorizes Bottler
to file financing statements signed only by Bottler in
Jurisdictions where such is permitted.
4. THE PROVISION OF THE SCOREBOARD IS ON AN "AS IS" BASIS.
BOTTLER HEREBY DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED
WARRANTTF.0 TNri.TMTM WTm ',m. .tvr.......t....
iriOSE 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
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parties hereto, or any injury, damage or loss of property
arising out of its performance of this Agreement or claims
associated in any way with the purchase, use or operation of
the Scoreboard by Dealer or third parties.
2. This 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 Five ( 5 ) years.
2. If Dealer fails to performance any of the promises set
forth in this Agreement, Bottler may terminate this
Agreement, and Dealer shall pay to Bottler a pro rata
C portion of the amount Bottler has invested in the purchase
and installation of the Scoreboard.
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 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.
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.
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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 sold or otherwise conveyed by
Dealer without Bottler's written consent.
G. Other Agreements. (Use only if this replaces another
agreement. ) The Agreement dated between
Bottler and Dealer is hereby terminated.
H. Special Provisions.
BOTTLER: DEALER:
B t By:
Ti e: SP6eS Ceviett mi+v. Title:
Date• 7 ;)y �0 Date
CITY OF DANIA
: ...a` By:
Mayor - Commissioner
ATTEST: By:
City Manager
City Clerk - Auditor
APPROVED AS TO FORM AND CORRECTNESS
By:
Frank C. Adler, City Attorney
SODP=.DOC
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EXHIBIT A
c
Scoreboard Description
The model 128 is the complete scoreboard for any size hiqh school frield or recreation
park. this board is 20 ft. long by 8ft. hiqh, including the 8ft. by 8ft. ad panel. home
and visitor scores and innings register 0-19. All numerals includinq Balls, strikes and
outs are 24 inches high. Hit or gError is in-dicated by in dividual light bulbs.
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