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Agenda - 06-16-2009 - 4ff
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Agenda - 06-16-2009 - 4ff
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Last modified
6/12/2009 2:37:57 PM
Creation date
6/12/2009 2:37:56 PM
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BOCC
Date
6/16/2009
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
4dd
Document Relationships
2009-065 Rec & Parks - Sports Endeavors, Inc. - Facility Naming and Sponsorship Agreement Public Private Partnerships - West Ten Soccer Center
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
2009-067 Rec & Parks - Triangle Orthopaedic Associates - Naming Rights And Sponsorship Agreement - West Ten Soccer Fields
(Linked From)
Path:
\Board of County Commissioners\Contracts and Agreements\General Contracts and Agreements\2000's\2009
Minutes - 20090616
(Linked From)
Path:
\Board of County Commissioners\Minutes - Approved\2000's\2009
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Draft 5-28-09 <br />3.4. Use of Facility. <br />3.4.1. Sports Endeavors Inc. shall have the right, subject to the provisions of this Section, to <br />utilize the Facility for company events. Sports Endeavors Inc. shall provide Orange <br />County with not less than thirty (30) days notice of any such request to utilize the Facility. <br />Such usage shall be on the dates mutually agreed upon by the parties, based on Facility <br />availability. Sports Endeavors Inc. shall reimburse Orange County for any related fees or <br />costs typically charged or incurred by Orange County associated with the company events <br />(i.e. set up, security, supervision, clean up, etc.). <br />3.5. Advisory Board. <br />3.5.1. In the event an Advisory Board is created with regard to use of the Facility by Orange <br />County, Sports Endeavors Inc. shall have the option, at its sole discretion, to place at least <br />one (1) member on such Advisory Board. <br />4. PAYMENTS. Sports Endeavors Inc shall, on or before thirty (30) days following the date of this <br />Agreement, pay Orange County the amount of Thirty Thousand and No/100 Dollars ($ 30,000.00) <br />This amount shall also be paid by Sports Endeavors Inc. during the month of July in each of the <br />following four years. In addition, Sports Endeavors shall pay Orange County up to $30,000 and <br />No/100 Dollars ($30,000) per year for five years within 30 days from receipt of matching funds, as a <br />matching contribution of the amount that Orange County is able to match this amount with funds <br />provided by other businesses and/or donors to the Facility. <br />5. INTELLECTUAL PROPERTY <br />5.1. Sports Endeavors Inc. grants Orange County the right to use its trademarks, trade names and <br />service marks, including the Sports Endeavors Inc. and Eurosport logos ("Sports Endeavors <br />Marks") solely in connection with the identification of the Facility and related fields and use on <br />the Promotional Media. Prior to use of the Sports Endeavors Marks in the Promotional Media <br />or on signage, Orange County shall provide Sports Endeavors Inc. with examples of proposed <br />uses prepared by or for Orange County for review and approval. Orange County acknowledges <br />that its use of the Sports Endeavors Marks shall inure to the sole benefit of Sports Endeavors <br />Inc. and shall not create any right, title or interest in same in favor of Orange County. Orange <br />County agrees to comply with Sports Endeavors' guidelines as may be provided to Orange <br />County from time to time concerning use of Sports Endeavors Marks. Sports Endeavors Inc. <br />reserves the right to prohibit the use of Sports Endeavors Marks, or to modify any materials <br />depicting Sports Endeavors Marks, if in its sole judgment such use may be illegal, misleading or <br />inappropriate. <br />5.2. Orange County grants Sports Endeavors Inc. the right to use the Facility name and images for <br />marketing purposes, in any media, subject to prior and timely review by Orange County. Such <br />review is intended to help ensure accuracy and coordination of marketing and public relations <br />efforts between Sports Endeavors Inc. and Orange County related to the Facility. <br />5.3. Orange County grants Sports Endeavors Inc. the right to use the Orange County seal (logo), <br />which is a registered mark with the North Carolina Secretary of State's office, solely in <br />connection with the identification of the Facility. Sports Endeavors Inc. acknowledges that its <br />use of the Orange County seal (logo) shall inure to the sole benefit of Orange County and shall <br />not create any right, title or interest in same in favor of Sports Endeavors. Sports Endeavors <br />Inc. agrees to comply with Orange County's guidelines as may be provided to Sports Endeavors <br />Inc. from time to time concerning use of its seal (logo), or to modify any materials depicting its <br />seal, if in its sole judgment such use may be illegal, misleading or inappropriate. <br />Page 3 of 7 <br />
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