AGREEMENT RE SCOREBOARDS AT EDDIE C. MOORE COMPLEX & ROSS NORTON PARK TO 2/19/2000
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AGREEMENT
THIS AGREEMENT entered into this \~~~ day of February, 1992, by and
between the CITY OF CLEARWATER, FLORIDA, hereinafter "City," and PEPSI-COLA
BOTTLING COMPANY OF TAMPA, whose office is located at 11315 N. 30th Street,
Tampa, Florida 33612, hereinafter "Pepsi-Cola."
WHEREAS, the parties desire to enter into an a9reement whereby Pepsi-Cola
will provide the City with the six baseball/softball scoreboards, dispensing
equipment, and fountain products and supplies at the City's Eddie C. Moore
Softball Complex and Ross Norton Park, as provided herein; now, therefore,
IN CONSIDERATION of the premises, undertakings and agreements on the part
of the parties as set forth herein, the parties do hereby promise, undertake and
agree as follows:
1. Pepsi-Cola shall provide:
(a) Four Electromech Model 118-99 Baseball/Softball scoreboards for
placement at the City's Eddie C. Moore Softball Complex, and two Electromech
Model 118-99 Baseba ll/Softba 11 scoreboards for placement at the City's Ross
Norton Park, including all necessary control cable, control panels, and
installation brackets.
(b) An inventory of replacement parts and components (excluding light
bulbs) to be used for necessary scoreboard repairs by City personnel. Pepsi-Cola
shall provide assistance in scoreboard repairs, when necessary.
(c) Sufficient Premix dispensing equipment as needed for use in the
concession stands.
(e) Fountain products, at a $1.00 discount off the prevailing wholesale
price.
(f) Carbon dioxide and cups at the prevailing wholesale price.
2. The City shall:
(a) Install and maintain the above-described scoreboards.
(b) Ensure the exclusivity of Pepsi-Cola products, including vending,
premix, carbon dioxide, and cups, at the Eddie C. More Softball Complex and Ross
Norton Park during the term of this agreement.
(b) Allow Pepsi-Cola to attach Pepsi-Cola brand identification to all
scoreboards purchased by Pepsi-Cola and provided to the City pursuant to this
agreement; provided, that such brand identification shall face the diamond and
otherwise comply with the si9n code of the City.
3. The City shall not attach signage that, in the opinion of Pepsi-Cola,
detracts from the advertising value of the scoreboard, such as, but not limited
_ to, the name or logo of another corporation or product.
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4. The scoreboards and dispensing equipment described herein and
furnished by Pepsi-Cola shall remain the property of Pepsi-Cola throughout the
term of this agreement unless sooner terminated as provided herein. Upon the
expiration or termination of this agreement, Pepsi-Cola may enter the premises
and remove the scoreboards and dispensing equipment unless the parties reach an
agreement regarding the further possession and use thereof.
5. The term of this agreement shall be eight (8) years, commencing on
the date of this agreement and expiring on the eighth anniversary thereof.
6. Pepsi-Cola may also provide additional scoreboards for future major
complexes as built by the City, as the parties may agree.
7. The term and provisions of this agreement may be extended by mutual
agreement of the parties.
8. This agreement shall take effect upon execution by both parties and
shall remain in effect for the term hereof unless terminated by either party upon
ten days written notice to the other.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as
of the day and year first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
sioner
ty Manager
Approved as to form correctness:
Attest:
, City Attorney
Witnesses:
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PEPSI-COLA BOTTLING COMPANY OF TAMPA
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PEPSI-COLA COMPANY
March 5, 1992
Mr. Terry Schmidt
Senior Recreation Supervisor
City of Clearwater Parks & Recreation Dept.
P.O. Box 4748
Clearwater, Florida 34618-4748
Dear Mr. Schmidt:
I would like to take this moment to thank you for the opportunity
you have given us with regards to the Eddie Moore and Ross Norton
Park Complexes. We are very excited about the relationship
between pepsi-Cola and The City of Clearwater and look forward to
working with you.
As you requested, I would also like to inform you that Mark Brown
is authorized on behalf of pepsi-Cola to sign contracts. Should
you have further questions, please feel free to contact Mark or
myself at 1-800-226-6005. Once again, thank you for your
business and support.
Sincerely,
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Scott E. Thewes
Sales Manager
Pepsi-Cola company South
RECE!VED
MAR 1.11992
CITY ATTORNEY
11315 N. 30th STREET. TAMPA, FL 33612 . (813) 971.5755