HomeMy WebLinkAboutPK1998-0 - Original - Jerry Baker Signs - Golf Course Signage - 08/07/1998 THIS AGREEMENT is entered into between JERRY BAKER SIGNS, dba JERRY
BAKER SALES ("the Company"), and the CITY OF KENT, a Washington Municipal
Corporation pursuant to Title 35A RCW ("the City'.
WHEREAS, the Company is in the business of marketing, advertising, and promoting
distinctive recreational signs and display advertising; and
WHEREAS, the City operates a 18 hole golf course and is desirous of utilizing the
Company's signs and advertising to enhance the depiction of its fairways and course layout; and
WHEREAS, the Company is mutually desirous of enhancing the City's fairways and
layout;
NOW THEREFORE, in consideration of one dollar ($1.00) and other goods and
valuable consideration and mutual covenants and agreements herein contained, the parties hereto
agree for the benefit of themselves, their heirs, executors, successors and assigns as follows:
1. The City operates and maintains a 18 hole golf course named and styled
Riverbend Golf Course, and which is located at 2020 West Meeker, Kent, Washington.
2. The Company will provide fairway markers which depict the tee location, green
location, general location of existing hazards and course foliage, tee to green distances for men
and women(Championship if desired), men's and women's par, handicaps (optional) and club or
course logo (optional), at its own expense and cost, except where otherwise stated. In addition to
the descriptive data, the markers will include sponsorship display signs. All fairway markers
will be constructed of clear A, #1 Grade Cedar wood or like material and will be installed in
either a vertical or horizontal position. They will be installed on double 4" x 4" posts of stained
Redwood or like material.
3. The City shall provide the Company with any and all available design plans,
sketches, course layout materials, scorecards, aerial photographs or any other items which it has
available to it and which may assist the Company in accurately depicting the layout of the
individual fairways on the court.
4. The City will provide a knowledgeable individual or course representative to
assist in coordinating the location of each fairway marker at the time of installation. The City
will also provide reasonable support personnel and equipment to accomplish the installation so
as not to interfere with the Course's normal operations. The Company will not be responsible
for damage or costs of repair to underground utilities, pipes, sprinkler systems' sewer or water
lines-or other fixtures (hereinafter 'Txtures'l which may be encountered during the installation
of fairway markers as installation will be coordinated with a representative of the City,
knowledgeable about the location of any underground fixtures.
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5. The Company will be responsible for the maintenance of the markers and will
maintain them in good repair and appearance at no cost to the City.
6. The City is expected to maintain a certain amount of diligence and security to
prevent unnecessary damage to the fairway markers by its agents, golfers, guests, employees or
users.
7. All fairway marker will remain the property of the Company.
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8. The AgreemenM. W in effect for an initial term of six (6) years and shall
commence on the date the f�rree t is executed as set forth above ("the Commencement Date")
and shall end on Februarys".)!, 0 ("the Termination Date"). At the option of the City, the
Agreement may continue for one additional three (3) year term at the end of the initial six (6)
year term. The Company will be the exclusive advertiser on the 18 hole golf course during the
above six(6) year term. The exclusive advertising agreement on the 18 hole golf course does not
include the pro shop, score cards, or any temporary signage (i.e., tournaments) 18 hole golf
course that the course may determine to use.
9. Both parties agree that and acknowledge that the Company's costs and profits in
producing the fairway markers and marketing the same is based upon the sale of sponsor space
thereon.
(a) The City hereby agrees and consents to such sponsorship space to be
installed directly below the fairway makers; not to exceed twelve (12) inches in height
and the identical length of the fairway and to be made of a like material.
(b) The Company hereby agrees that it will sponsor messages for such
persons, businesses, or other entities that are in good taste, non-suggestive, above moral
reproach, and non-offending to the decency of the community in which the course is
located.
10. The Agreement is contingent upon the Company obtaining a sponsor for each fairway
marker. In the event the Company is unable to obtain sponsors for each fairway marker within
ninety(90) days after execution of the Agreement,the Company may:
(a) Terminate the agreement without recourse from the City; or
(b) Install all fairway makers for the course and continue to procure sponsors.
11. Both parties' representatives warrant and represent that they have authority, as
individuals, to contract for and bind their respective business entities in the capacity of officer
and/or director, agent, partner, sole proprietor or representative.
12. Each party agrees to perform. Other communications shall be in writing and be
deemed to have been duly given if personally delivered or mailed by registered mail, and
addressed as follows:
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The Company: Mark Baker
JERRY BAKER SIGNS
2526 Valley View Drive
Missoula, Montana 59803
Parks& Recreation
CITY OF KENT
220 Fourth Avenue South
Kent, Washington 98032
or at such other address as the parties may subsequently designate in writing.
13. This Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective heirs, successors and assigns.
14. This Agreement may be terminated by either party upon one (1) year prior,
written notice. In the event of termination, the Company will be responsible for the immediate
removal of the markers and restoration of the fairways to the same condition prior to the
placement of any fairway markers. The City must notify the Company of the need for the repair
of the signs and allow a reasonable period of time to be completed.
15. In the event the City terminates this Agreement during the initial six (6) year
term, the City will reimburse Jerry Baker Sales for the lost revenue from only the existing
advertisers on the 18 hole golf course on the date of termination amortized over the remainder of
the initial six (6) year term. The City shall not be liable for any other costs, or general, special,
or incidental damages as a result of termination.
16. The City reserves the right to approve sponsors. Such approval shall not be
unreasonably withheld. The City is primarily interested in assuring sponsors whose advertising
is appropriate for a public facility used by all age groups of the public including minors.
Approval of sponsors will be the responsibility of the Parks Director.
IN WITNESS WIEREOF,the parties below have executed this Agreement.
JERRY BAKER SALES THE CITY OF KENT
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DATE: � �! DATE:
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