1833 Signage at Sanford Memorial Stadium AGREEMENT FOR SIGNAGE AT HISTORIC SANFORD MEMORIAL STADIUM
THIS AGREEMENT is made by and between the between the CITY OF
SANFORD, FLORIDA, a municipality of the State of Florida (hereinafter the "City"),
whose mailing address is 300 North Park Avenue, Sanford, Florida 32771, and
FLORIDA COLLEGIATE SUMMER LEAGUE, INC., a not for profit corporate entity of
the State of Florida hereinafter the "Florida League"), whose mailing address is 2410
North Rio Grande Avenue, Orlando, Florida 32804.
Whereas, the City owns The Historic Sanford Memorial Stadium and the
stadium is operated as a City facility; and
Whereas, Section 94-154 of the City of Sanford City Code relates to specific
sign regulations relating to Historic Sanford Memorial Stadium and provides as follows:
Any sign which advertises or otherwise identifies a use of the Historic
Sanford Memorial Stadium, its related facilities or the city generally, as
well as products, activities or services that are sold, produced,
manufactured, located, provided or furnished within such facility, or any
sign upon which advertisement is related to a sponsor of an athletic team
which uses the Historic Sanford Memorial Stadium, or any sign erected
pursuant to a naming right or sponsorship agreement entered into by the
city with regard to the Historic Sanford Memorial Stadium may be installed
within the Historic Sanford Memorial Stadium subject to rules adopted by
the city manager under the authority of [section 94-155] to effectuate the
typical use signs of signage in the context of a sports stadium.
Additionally, without limiting the generality of the foregoing, banners and
signs pertaining to sponsorships or fundraising associated with the
stadium may be located on the exterior of the stadium consistent with the
rules adopted by the city manager. In aid of the provisions set forth herein,
the city attorney shall promulgate forms of agreements and other
documents to implement the provisions of this Ordinance and the rules
adopted by the city manager.
Whereas, the Florida League desires to collaborate with the City in placing
signs on the Historic Sanford Memorial Stadium at appropriate locations and in
appropriate dimensions subject to the terms and conditions set forth herein; and
Whereas, the City desires to maximize the public utility and benefit of the
Historic Sanford Memorial Stadium which was constructed in 1951 as the spring
training facility of the New York Giants and in which Major League stars such as Babe
Ruth, Jackie Robinson, Willie Mays, Tim Raines, and David Eckstein have played and
where Jackie Robinson first took to the field in 1946 to play baseball as a member of a
white Class AAA International League Team in Daytona Beach which was partnered
with the Montreal Royals; and
Whereas, the stadium previously served as a spring training facility for the
New York Giants and Atlanta Braves and, in 1942, the Boston Braves used the old field
as its primary training facility; and
Whereas, the Historic Sanford Memorial Stadium was refurbished in 2001 at
a cost of two million dollars, and now offers many modern amenities along with the
classic architecture of Stadiums' built in the early to mid-1900s; and
Whereas, the Florida League and the Sanford River Rats team have
participated in the Sanford community showcasing a wood bat collegiate summer
baseball league team which is a member of the Florida Collegiate Summer League (the
Sanford River Rats being an inaugural member) with games played at the Historic
Sanford Memorial Stadium; and
Whereas, the City recognizes that, from time-to-time, the City engages in
sponsorships and co-sponsorships of programs and activities and desires to continue to
engage in such actions in the future as it deems appropriate and in the public interest
2 1 P a g e
and for the public benefit including, but not limited to, sponsorships involving the
Historic Sanford Memorial Stadium; and
Whereas, the City desires to engage in sponsorships and co-sponsorships of
programs and activities and further desires to continue to engage in such actions in the
future as it deems appropriate and in the public interest and for the public benefit
including, but not limited to, sponsorships relating to the Historic Sanford Memorial
Stadium.
WITNESSETH:
In Consideration of the mutual covenants, promises, and representations
contained herein and other good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the parties hereto agree as follows:
Section 1. Grant Of Rights Relative To The Historic Sanford Memorial
Stadium.
(a). The City grants to the Florida League the right to enter sponsorship
agreements on behalf of the City granting licenses to place signs within the Historic
Sanford Memorial Stadium subject to the terms and conditions as provided herein.
(b). Subject to the terms and conditions set forth herein, the Florida League
may install and erect, use and maintain signs within the Historic Sanford Memorial
Stadium.
(c). This,Agreement shall be construed and applied in conjunction with the
use agreement(s) relating to the use of the Historic Sanford Memorial Stadium for the
play of the Sanford River Rats in the Florida Collegiate Summer League (referred to
3 1 Page
herein sometimes as the "facility use agreement").
Section 2. Effective Date; Term Of Agreement.
(a). The effective date of this Agreement shall be on the date of the last
signatory hereto (as set forth below) and shall expire on the same day after a term of 5
years has run; provided, however, that the Florida League shall not execute any
agreement providing for a sponsorship sign to be displayed within the Historic Sanford
Memorial Stadium that extends beyond that date.
(b). Notwithstanding the provisions of Subsection (a) of this Section, the
parties may enter extensions or renewals of this Agreement.
(c). The Florida League will receive exclusive right to sell sponsorship signs,
on behalf of the City, within the Historic Sanford Memorial Stadium during the term of
this Agreement.
Section 3. Standards Relating To Signage.
(a). Signs shall be designed and attached to the Historic Sanford Memorial
Stadium in accordance with styles, dimensions and standards agreed to by the parties.
(b). In general, signs will be 7' x 12' vinyl signs, anchored to the outfield wall
year round.
(c). Signs shall not contain no questionable images or text that is objected to
by the City in the context of government speech.
Section 4. Sponsorship Charges; Apportionment Of Payments And
Expenses.
(a). Sponsorship charges for signs placed within the Historic Sanford
4 1 -P a ci e
Memorial Stadium shall be as follows with the required amount being paid in full before
the installation of the sign:
(1). $1,500 for a 1-year sign sponsorship.
(2). $3,500 for a 3-year sign sponsorship.
(b). Revenues from sign sponsorship sign sales shall be distributed as follows:
(1). 25% of all revenues to the City.
(2). 75% of all revenues to the Florida League.
(c). Costs relating to the signs which are the subject of the sponsorship sign
sales program set forth herein shall be as follows:
(1). The Florida League shall be responsible for the fabrication and printing of
the signs.
(2). The Florida League shall be responsible for the installation of the signs.
(3). The Florida League shall be responsible for any and all sign maintenance
including, but not limited to, signs that need to be replaced due to wear and tear,
damage or any other cause.
(4). The Florida League shall maintain the sign in proper condition.
(5). The Florida League shall remove signs on or before the end of the term of
this Agreement.
(6). The City shall not be held responsible for stolen or vandalized signs.
Section 6. Termination.
This Agreement may be terminated by the City in the event of breach by the
Florida League. Upon termination, the Florida League shall remove all signs.
5 1 Pa9e
Section 6. Insurance.
The parties shall rely upon the facility use agreement relating to the Historic
Sanford Memorial Stadium in terms of liability insurance; provided, however, the Florida
League agrees to indemnify, defend and hold the City harmless and free from liability
arising out of the Florida League's use of the Historic Sanford Memorial Stadium and
the Florida League agrees to make no claim against the City or any of its officials,
officers, employees, agents or representatives for any loss or damage caused by the
Florida League's use or maintenance of the Historic Sanford Memorial Stadium.
Section 7. The Florida League's Mandatory Compliance with Chapter 119,
Florida Statutes, and Public Records Requests.
(a). In order to comply with Section 119.0701, Florida Statutes, public records
laws, the Florida League must:
(1). Keep and maintain public records that ordinarily and necessarily would be
required by the City in order to perform the service.
(2). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(3). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized by
law.
(4). Meet all requirements for retaining public records and transfer, at no cost,
to the City all public records in possession of the Florida League upon termination of
6 1 Page
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(b). If the Florida League does not comply with a public records request, the
City shall enforce the contract provisions in accordance with this Agreement.
(c). Failure by the Florida League to grant such public access and comply with
public records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Florida League shall promptly provide the City with a copy
of any request to inspect or copy public records in possession of the Florida League
and shall promptly provide the City with a copy of the Florida League's response to
each such request.
(d).
IF THE FLORIDA LEAGUE HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE FLORIDA LEAGUE'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT (407) 688-5012, CYNTHIA PORTER, CITY
CLERK, CITY OF Sanford, CITY HALL, 300 NORTH PARK
AVENUE, SANFORD, FLORIDA 32771)
PORTERC@SANFORDFL.GOV.
Section 8. General Provisions.
(a). Applicable Law, Venue. This Agreement shall be governed, enforced
and construed in accordance with the laws of the State of Florida. Venue for any legal
7 1 Page
dispute shall be in the Circuit Court in and for Seminole County, Florida.
(b). Legal Proceedings. In the event that either party hereto hires an
attorney to enforce any term of this Agreement, the party prevailing in said dispute,
enforcement action or legal proceeding shall be entitled to recover reasonable
attorneys', paralegals' and other professionals' fees (including those incurred on any re-
hearing or appeal) and cost incurred incidental thereto from the party not prevailing in
said legal proceedings.
(c). Entire Agreement, Modification or Termination. This Agreement
constitutes the entire agreement of the parties with regard to the subject matter hereof.
The terms and provisions of this Agreement may be modified or terminated only by a
written instrument signed by the parties hereto. This Agreement may be signed in
counterparts each of which shall be taken together to constitute but one document.
(d). Notices. Any notices which may be permitted or required hereunder
shall be in writing and shall be deemed to have been duly given as of the date and time
the same are actually received, whether same are personally delivered, transmitted
electronically (i.e. facsimile device with verification receipt capability) or sent by United
States Postal Service, postage prepaid by registered or certified mail, return receipt
requested, or sent by Federal Express or other overnight delivery service from which a
receipt may be obtained evidencing the date and time delivery was made, and
addressed as follows:
To the Florida League:
Mr. Rob G. Sitz
a a e
President
Florida Collegiate Summer League, Inc.
2410 North Rio Grande Avenue
Orlando, Florida 32804
Office: 321-206-9174 Cell: 407-694-6511
RSitz@floridaleague.com
To the City:
Mr. Norton Bonaparte, Jr., ICMA-CM
City Manager
City of Sanford City Hall
300 North Park Avenue
Sanford, Florida 32771
Any party may change, by written notice as provided herein, the address or person for
receipt of notices.
(e). Construction or Interpretation of the Agreement. This Agreement is
the result of bona fide arm's length negotiations between the parties and all parties
have contributed substantially and materially to the preparation of the Agreement.
Accordingly, this Agreement shall not be construed or interpreted more strictly against
any party hereto more than against any other party with both parties having participated
in the drafting of this Agreement.
(f). Assignment. The Florida League shall not sell or assign its rights
pursuant to this Agreement or permit the use of the Historic Sanford Memorial Stadium
or any part thereof by any other entity without the express prior written consent of the
City. Any unauthorized action in violation of this provision shall be void, and shall
terminate the Florida League's rights pursuant to this Agreement.
9 1 Page
(g). Limitation of Rights. The Florida League acknowledges that no
property or other right is created other than that specifically defined and limited by this
Agreement.
IN WITNESS WHEREOF, the CITY and the Florida League have executed this
instrument for the purpose herein expressed.
ATTEST.
CITY OF SANFORD
By:
Cynthia Porter Jeff Triplett
City*Clerk Mayor
Date: -T Lt
— 1 W-�7
Approved as to form and
legal sufficiency.
i1liam L. Colbert
CityAttorney
/A
ATTEST. FLORIDA COLLEGIATE SUMMER LEAGUE,
INC.
By:
RotHj. Sitz
Stefano F6ggi,( President
Vice President Dated: 2,
L.
10 . 1 Page