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246574 ORIGINAL'�O CITY CLERK 246 5'�4 . CITY OF ST. PAUL FOENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM PRESEN7ED BY � COMMISSIONE DATF RESOLVED, That the proper City officials of the City o£ Saint Paul are hereby authorized and directed to enter into an agreement between the City of Saint Paul and Spencer Advertising Company, Division of Sherrill-Gibbes Corporation, said agreement covering the advertising ri�hts to the clock on the scoreboard in Saint Paul Municipal Stadium, a copy of said agreement is attached hereto and made a part hereof. � Q� fl ca I � � � a c� � � � � ���� COUNCILMEN Adopted by the Council �EC 19— Yeas Nays Carlson ���% �} 1�� � � pprove� 19— Meredith Tn Favor Peterson � � (J Mayor Sprafku A gainst Tedesco Mr. President, Byrne I�l,l�1.lSI#�, �.�.0 � �96� � WJPLICAiB'TO PRINTER �����4 CITY OF ST. PAUL OOENCIL NO. OFFICE OF THE CITY CLERK COUNCIL RESOLUTION—GENERAL FORM VRESEN7ED BY COMMISSIONER �AT RESOLVED, That the proper City o£fic3als of the City of Saint Paul are hereby authorized and directed to enter into an agreement between the City o£ Saint Paul and Sper�cer Advertising Company, Division of Sherrill-Gi�bes Corporation, said agreement covering the advertising rights to the clock on the scoreboard 3.n Saint Paul �4unicipal Stadium, a copy of said Pg�eement is attached hereto and made a part hsreof. COUNCILMEN Adopted by the Council �`�`�, �' `�t°��� 19— Yeas Nays - CarLson .��'� ��- Approved 19— Meredith � Tn Favor Peterson Sprafka �� Mayor A gainst Tedesco Mr. President, Byrne � � ` � A G � E E M E N T T�iIS AGREEM�NT, made and entered into this day of � , 1969, by and bet�veen the CITY OF SAINT PAUL, a municipal corporation, ?�ereinafter referred to as "First Party", and SPFNCER ADVERTISING CO�IPANY, DIVISION OF "SHERRILL—GIBBES CORPOR.ATION, a New York corporation, hereinafter referred to as 1fSecond Party"; ��'ITNESSETH: . I T I S HEREBY NIU�i'UALLY AGREED, a s f o 11 ows: 1 . The First Party agrees to make available to Second Party during the term of this Agreement the neces�ary space and all advertising rights incident and pertaining to the illuminated outdoor advertising clock (the "Cl�ck") which is located above and attached to the scoreboard in the Saint Paul Municipal Stadium (the "Stadium") and which shall remain so attached during the term of this Agreement. 2. The re�etting a� the Clack, as required, and electricity and electric service lines for the Clock shall be performed or provided by the First Party. The First Party assumes the responsi— bility for the operation and illumination of the Clock at all events in the Stadium. The routine maintenance, reconstruction or major overhauling ar.d repairs to the Clock during the term o� this Agreement shall �e made by the Second Par�y and�or Longines—Z�'ittnauer Watch Company, Inc. ( "Longines" ) and their respective agents and representat�ve shall be permitted to enter � the Stadium at any an� all reasonable times for that purpose. 3. The Seco�:�� Yartv a�rees that in theevent of fire or other damage to the Clocii it will pay all costs of restoration of the Clock to substantially the same condition it was in prior � to such damage; and the Second Party further agrees it will assume all responsibility for any injury or damage to persons or prop�rty with� r.espect to the Clock and will indemnify and hold harmless the First Party from any and all liability arising out of any injury or damage to persons or property to the extent that such liability arises out of the ownership, installation or operation of the Clock. - 4. The Clock shall be the sole and exclusive advertising Clock installed in the Stadium and shall be used as the sole Official Time Clock for all events at the Stadiuffi during the term of this Agreement. Any watch .or clock manufacturer to whom advertising rights in the Clock are granted by the Second Party and�or Longines shall be authorized to announce publicly at such�� times and places as it shall elect that it is the Official watch at the Stadium used for timing all events held at the Stadium. No other watch, cloek or timer identified by a brand name, product or company shall be publicly shown or displayed in the Stadium during the term of this Agreement. Nothing herein contained shall be considered as preventing the Second Party and�or Longines from changing the advertiser on the Clock from time to time and conferring on. any different advertiser the advertising rights herein granted, provided that the advertising matter on the Clock shall be accegtable to the City. 5. The Clock shall at all times remain ttie property of the Second Party and/or Longines. The Second Party and�or Longines hereby reserve the right to remove the Clock from the Stadium at the termination of this Agreement. The Second Party and�or Longines and their respective agents and representatives shall be permitted to enter the Stadium atany and all reasonable times Yor ±�v� �»rposP of i.nspectin�, repairing and/or re�ovin� the Clock, as provided in this Agreement. 2 6. In consideration for the advertising privileges and all covenants herein, the Second Party agrees to pay to the First Party the �snm of Two Hundred Dollars (�200.00) as rental therefore during each year of the term o� this Agreement, provided the First Party is �iot in defAUlt hereunder. Such rental shall be due and payable in September of each such year. 7. This Agreement shall be for a period of three (3) years commencing September 15, 1969, and terminating September 14, 19?2, provided, however, th�t if by reason of war, civil disturbance, government orders or restrictions, damage to the Stadium, or other cause beyond our control, during which time the Stadium cannot be used for sporting or other events, such as now are being held therein, the term of this Agreement shall be extended for a period comparable from the standpoint of att�ndance to the period during �vhich such interruption or suspension existed, based upon the attendance figures for the last calendar year of normal operations of the Stadium. During the period of such suspension of activity or inoperativeness of the Clock for any substantial period fo.r reasons beyond our contr�l , no payment shall be required from the Second Party. 8. The City represents that it is fully empowered to enter into this Agreement, that in making this Agreement it has observed all of the requirements imposed upon it by all agreements and laws affect�ng its operations and that the making o� this Agreement by it does not violate, nor is the same prohibited by, the pro— visions of any agreemen� affecting the Stadium to which the First Party is a party or which is binding upon it. - IN WITNE5S WHE�EOF, the parties hereto have set their hands and seals the day and year �irst above written. in r�zsenee �i CITY OF SAINT PAUL By Mayor Commissioner of Libraries, liuditorium and Civic Buildingg City Clerk 3 • . ,� � � � . � Countersigned: City Comptroller In Prensence of SPENCER ADV�RTSING COMPANY DIVISION OF SHERR�ILL—GIBBES CORPORATION . _ � \ �f/� ,7 •r ��� y�. 1.!1_%��-C-.f�,� ,..-.. B� , �,•Y-i� , 'v�!�l"-�:._r. .� %..�� ...., /i . 1 S '...�.-T',�i[ ' r"�"` (7 �-. �• � ./ - By Its Form Approved: Assistant Corporation Co�insel Approved as to form and execution this day of � , 1969 Assis�tant Corpor�,tion Counsel • 4 .