HomeMy WebLinkAbout9.a. Advertising Agreement with Hope Fieldhouse
EXECUTIVE SUMMARY
City Council Regular Meeting: August 5, 2019
AGENDA ITEM: Advertising Agreement with Hope
Fieldhouse
AGENDA SECTION:
New Business
PREPARED BY: Dan Schultz, Parks and Recreation
Director
AGENDA NO. 9.a.
ATTACHMENTS: Proposed Advertising Agreement APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve the attached advertising agreement
between the City of Rosemount and Hope Fieldhouse.
BACKGROUND
For the past several months City staff have been discussing the opportunities for advertising in the
proposed Hope Fieldhouse. The City has advertised with other local organizations including District 8
Hockey, ISD 196/Community Education, RHS Band and others. Most of the opportunities have been for
limited term advertising.
The opportunity being offered to the City from Hope Fieldhouse is to have a perpetual advertising on
their proposed track at a one-time payment of $50,000. The City Attorney has created the attached
advertising agreement. The agreement includes language that identifies if Hope Fieldhouse does not begin
construction of the Center by April 1, 2020; Hope Fieldhouse agrees to work with the City to mutually
agree to the terms of a new agreement. If the parties cannot negotiate the terms of a new agreement by
May 1, 2020, Hope Fieldhouse agrees to refund all amounts paid to it by the City and this Agreement will
expire.
RECOMMENDATION
Staff is recommending the City Council approve an Advertising Agreement between the City of
Rosemount and Hope Fieldhouse.
ADVERTISING AGREEMENT
THIS AGREEMENT, is made by and between the City of Rosemount, a Minnesota
municipal corporation ("City") and Hope Fieldhouse, a 501(c)(3) non-profit organization ("Hope
Fieldhouse").
RECITALS
WHEREAS, Hope Fieldhouse is intending to construct a gym and physical fitness center
(the "Center") in the City; and
WHEREAS, the Center will contain available spaces for signage for advertising
purposes; and
WHEREAS, the City has authority pursuant to Minn. Stat. § 469.189 to appropriate
money to advertise the municipality and its resources and advantages; and
WHEREAS, the City wishes to purchase space at the Center from Hope Fieldhouse to
advertise the City.
NOW, THEREFORE, the parties hereto agree as follows:
AGREEMENT
1. Term. This Agreement will begin upon approval by the Rosemount City Council and
will continue unless terminated earlier by the parties as set forth in paragraph 3. If the
parties wish to renew this Agreement after expiration of the initial term, they must do so
in writing, with approval by the Rosemount City Council.
2. Consideration. In consideration for priority advertising rightswrthe Hope Fieldhouse
w., the City agrees to make a one-time appropriation of $50,000 to Hope
Fieldhouse.
Early termination of Agreement. If Hope Fieldhouse does not begin construction of
the Center by April 1, 2020, Hope Fieldhouse agrees to work with the City to mutually
agree to the terms of a new agreement. If the parties cannot negotiate the terms of a new
agreement by May 1, 2020, Hope Fieldhouse agrees to refund all amounts paid to it by
the City and this Agreement will expire. Notwithstanding any other provision of this
Agreement, the Rosemount City Council retains the sole right to terminate this
Agreement at any time, for any reason, with 30 days written notice to Hope Fieldhouse.
4. Advertising placement and design. Hope Fieldhouse agrees to work cooperatively with
the City regarding design and placement of City signage and advertising. Hope
Fieldhouse, or its designee, will install all signage.
5. Removal of signs. Upon termination of this Agreement, Hope Fieldhouse will remove
all of City's advertising signage and return it to the City.
6. Indemnification. Hope Fieldhouse will indemnify and hold the City, its officers, agents,
and employees harmless from and against any claims, suits, demands, costs or expenses,
including reasonable attorneys' fees, sustained by reason of injury to or death of any
person, or loss or damage to property, arising from or related to Hope Fieldhouse's, or its
designee's, installation of signage advertising the City.
7. No property interest. This Agreement is not a lease and creates no landlord -tenant
relationship. Nothing in this Agreement will be deemed to create any property interest.
8. No waiver of immunities. Nothing in this Agreement shall be construed as a waiver of
any limits on liability or immunities to which the City may be entitled under law.
9. Execution in counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, but all of which together shall
constitute one and the same instrument.
10. Amendments. This Agreement may not be amended except by a writing authorized and
executed by all parties.
11. Governing law. This Agreement shall be governed by and construed in accordance with
the laws of Minnesota.
HOPE FIELDHOUSE CITY OF ROS MOUNT
By: ' ---' c� By:
Its: x e rz. C r William Droste, Mayor
Date: Date:
By: F)41 J 11 A
Erin Fasbender, City Clerk
Date: FI)1
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