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R98-034RESOLUTION NO. R98-,-~'¢/ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE A SPORTS FESTIVAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND McDONALD'S OF BOYNTON BEACH, PROVIDING FOR JOINT ORGANIZATION OF A 1998 SPORTS FESTIVAL; AND PROVIDING AN EFFECTIVE DATE, WHEREASf the City of Boynton Beach and McDonald's of Boynton Beach are desirous of entering into a joint agreement to organize a Sports Festival to be held on April 17 through April 19, 1998, at Caloosa Park in the City of Boynton Beach; and WHEREAS, the City of Boynton Beach and McDonald's of Boynton Beach desire to donate half the net proceeds generated from the 1998 Sports Festival to Ronald McDonald House Charities of South Florida, and half the net proceeds to be split equally between the City's 1913 Schoolhouse Museum and therapeutic rams for children and adults with disabilities. NOWf THEREFORE~ BE IT RESOLVED BY '[HE CITY COMMISSION OF THE C~TY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The Mayor and City Clerk are hereby authorized to execute a Sports Festival Agreement between the City of Boynton Beach and McDonald's of Boynton Beach, which Agreement is attached hereto as Exhibit "A". Section 2~ That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Al'TEST: (uorR~t©~,,~. day of February, 1998. C[-I'Y OF BOYNTON BEACH, FLOR:IDA Vice Mayor ~2ommissioner Commissioner SPORTS FESTIVAL AGREEMENT THIS AGREEMENT made and entered into this ~ day of /~~~_x/ /~'~g by and between McDonald's of Boynton Beach, hereinafter referred to as "McDonald's" whose mailing address is 1810 South Federal Highway, Boynton Beach, Florida, 33435, and the City of Boynton Beach, Florida, a municipal corporation hereinafter referred to as "City," whose address is 100 East Boynton Beach Boulevard, Boynton Beach, Florida, 33435. ~REAS, the McDonald's wishes to join the City in organizing a Sports Festival to be held on April 17-19, 1998 at Caloosa Park in Boynton Beach, WHEREAS, the City and McDonald's desire to donate half the net proceeds generated from the 1998 Sports Festival to Ronald McDonald House Charities of South Florida, and the other half to be split equally between the City's 1913 Schoolhouse Museum and therapeutic programs for children and adults with disabilities. NOW THEREFORE, and in consideration of the mutual covenants and promises set forth herein, the parties to this agreement do hereby agree as follows: The City's Recreation & Park Department shall organize all the recreational/sports activities during the Sports Festival, including but not limited to: A Softball Tournament, Men's 30+ Soccer Tournament, Women's Soccer Tournament, Catch & Fetch Canine Frisbee competition. 2. McDonald's shall facilitate a sponsor agreement between the Sports Festival and local media with an in-kind value of no less than $4,500. 3. The Boynton Cultural Centre 1913 Schoolhouse Museum will organize the concession operation. A representative of the City and McDonald's shall meet on or before May 29, 1998, to review accounting reports for the 1998 Sports Festival. If for any reason ~)~re is a delay in compiling this information or disbursing funds, the City will keep McDonald s constantly apprised of the situation. Any and all advertising materials to be used in support of this fund-raiser shall be submitted to McDonald's for its review and approval prior to production. The City may not use any trademarks, service marks, or other property of McDonald's Corporation ("McDonald's") in any of its other advertising or promotional materials without the prior written approval of McDonald's. 6. The City shall be responsible for completing any co-venturer registrations or filings required by individual states in order to Conduct this program. . The City agrees to indemnify and hold harmless McDonald's from any and all third-party claims made in connection with the 1998 Sports Festival, and from any and all claims relating to pCurChases made by consumers from the City as part of this program. (The City shall enclose a ertificate of Insurance showing its current coverage with the return of this agreement.) o McDonald's agrees to indemnify and hold harmless the City from any and all third-party claims made in connection with the 1998 Sports Festival, and from any and all claims relating to purchases made by consumers from McDonald's as part of this program. (McDonald's shall enclose a Certificate of Insurance showing its current coverage with the return of this agreement0 9. The cost incurred by deducted &rom the 10. That the City and McDonald's shall religion, ancestry, national origin, age recruiting of volunteers or contracting agreement. and ~McDonald's shall be ; of race. in its 11. Each p~ shall forward to the other any complaints or comments it receives relating to this program. 12. That, in the event that litigation shall be necessary for the enforcement of this agreement on behalf of either party, then the prevailing party shall be entitled to reasonable attorney fees and costs incurred in said litigation. Venue for said litigation shall be Palm Beach County, Florida, and this agreement shall be interpreted under Florida Law. 13. That this agreement alone sets forth all the covenants, promises, agreements, conditions and understanding between the parties hereto. There are no covenants, promises,~ agreements, conditiOns or understandings, either oral or written between the parties other than those herein set forth. No agreement shall be binding upon the parties unless and until it is reduced to writing and signed by both McDonald's and the City. 14. If any term or provision of this agreement shall, to any extent, be deemed invalid or unenforceable, the remainder of this agreement shall be valid and shall be enforced to the fullest extent of the law. IN WITNESS WHE~OF, the parties hereto have caused this agreement to be executed on the day and year written above. ATTEST: By: J~, T~a..yl~, Mayor~ ~"~aul G. Raffa, Owl~/Operator McDonaid~s of Boynton Beach Approved as to formj3nd legal sufficiencY: ' // James Cherdf, Ci~ A~omey Ci~ of Boynton Beach 2/6/98 11:47 AM