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HomeMy WebLinkAboutBudget Tree Service, Inc. Addendum to Sponsorship Agreement 4th of July 2021 02 01 ADDENDUM TO SPONSORSHIP AGREEMENT THIS ADDENDUM_ TO SPONSORSHIP AGREEMENT("Addendum") is made and entered into as of the , day of ----r+ 1 2021 by and between the CITY OF WINTER SPRINGS,a Florida Municipal Corporation,("City")located at 1126 East State Road 434,Winter Springs, Florida 32708,and A BUDGET TREE SERVICE,INC.,a Florida Profit corporation ("Sponsor"), whose principal address is 710 East State Road 434, Winter Springs, Florida 32708. WITNESSETII: WHEREAS, the City holds certain annual events, inclusive of the "Celebration of Freedom" (41' of July event), "Hometown Harvest" (fall event), and "Winter Wonderland" (winter event) (collectively the "Events" or"Special Events"), for the benefit and enjoyment of its citizens;and WHEREAS, the parties entered into that certain Sponsorship Agreement dated May 10, 2018 ("Agreement")which secured Sponsor's contribution to the City as a sponsor of the Events over a three(3)-year period(2018,2019 and 2020)as further detailed therein;and WHEREAS, due to the status of COVID-19 at the time of each of the Events in 2020, the City decided to cancel the annual "Celebration of Freedom"(4'h of July event), Hometown Harvest" (fall event), and "Winter Wonderland", in accordance with Section 2.2 of the Agreement;and WHEREAS,the City intends to resume the Events for the 2021 calendar year;and WHEREAS, the Parties desire to amend the Agreement to provide for Sponsor to sponsor the 2021 Events in accordance with the terms and conditions of the Agreement. NOW THEREFORE, in consideration of the provisions contained in this Addendum, and other good and valuable consideration in which the parties acknowledge has been received, the parties agree as follows: 1.0 Incorporation of Recitals.The foregoing recitals are true and correct and by this reference are fully incorporated into this Addendum. 2.0 Term. Section 2.1 of the Agreement is hereby deleted in its entirety and replaced with the following: 2.1 Term. The term of this Agreement shall be for three annual special event seasons to be scheduled and conducted by the City. Specifically, this Agreement shall commence upon Effective Date and terminate when the parties have completed their respective obligations under this Agreement following the conclusion of the Winter Wonderland event to be scheduled and held by the City in the year 2021. Addendum to Sponsorship Agreement City of Winter Springs/A Budget Tree,Inc. Pagel of 3 3.0 Sponsorship Payment. Section 5.0 of the Agreement is hereby deleted in its entirety and replaced with the following: 5.0 Sponsorship Payment. For the sponsorship benefits provided by the City hereunder, Sponsor shall pay the City an amount equal to Eleven Thousand Dollars and 00/100 Dollars($11,000.00). Said sponsorship amount shall be paid by check made payable to the City of Winter Springs in the following installment schedule: (a) No later than May 15,2018,a payment of$3,666.66; (b)On May 1,2019,a payment of$3,666.66;and (c)On May 1,2021,a payment of$3,666.67. The sponsorship payment required by this Paragraph are related to the sponsorship benefits provided solely for the Events described in Paragraph 6.0 of this Agreement and does not extend to any other special events or promotional activities. Once payment is made to the City, the payment is non-refundable except for termination of any of the Events or this Agreement by the City pursuant to Paragraph 2.2 of this Agreement. 4.0 Special Events. Section 6.0 of the Agreement is hereby deleted in its entirety and replaced with the following: 6.0 Special Events. This Agreement shall be solely for the following City special events: (a) "Celebration of Freedom" (annual 4`' of July event held at Central Winds Park, 1000 Central Winds Drive, Winter Springs, Florida 32708) to be held on or about July 4,2018,July 4,2019,and July 4,2021. (b) "Hometown Harvest' (annual fall event held at the Winter Springs Town Center, generally located at the northwest corner of Bloomberg Boulevard and Tuskawilla Road)to be held during the fall season of 2018,2019,and 2021 at a date and time to be determined by the City. (c) "Winter Wonderland"(annual winter event held at the Winter Springs Town Center) to be held at a date and time to be determined by the City in the month of December of 2018,2019,and 2021). The City reserves the right to schedule and conduct the aforementioned special events in its sole and absolute discretion. If it becomes necessary to postpone any of the events due to inclement weather or other conditions beyond the City's control, the City may reschedule the events for another time and date. In such case, the Sponsor shall be entitled to the sponsorship benefits provided hereunder during the rescheduled event. Addendum to Sponsorship Agreement City of Winter Springs/A Budget Tree,Inc. Page 2 of 3 5.0 Notices. Section 15.9 of the Agreement is hereby deleted in its entirety and replaced with the following: 15.9 Notices. Any notice,request, instruction,or other document to be given as part of this Agreement shall be in writing and shall be deemed given under the following circumstances: when delivered in person; or three (3) business days after being deposited in the United States Mail, postage prepared, certified or registered; or the next business day after being deposited with a recognized overnight mail or courier delivery service; or when transmitted by facsimile or telecopy transmission,with receipt acknowledged upon transmission; and addressed as follows (or to such other person or at such other addresses, of which any party hereto shall have given written notice as provided herein): TO THE CITY: Mr. Shawn Boyle,City Manager City of Winter Springs 1126 East S.R.434 Winter Springs,FL 32708-2799 Phone:(407)327-5957 Fax:(407)327-6686 TO SPONSOR: Mr.Dale E.Meagher A Budget Tree Service,Inc. 710 E. State Road 434 Winter Springs,FL 32708 Phone: (407)327-2520 Email:dale Ca gbudgettreeservice.com 6.0 Other Terms and Conditions. Any other term or condition of the Agreement not expressly modified by this Addendum shall remain in full force and effect. IN WITNESS WHEREOF,the parties hereto have executed this Addendum on the day and year written above. CITY OF WINTER R1N S, A BUDGE EE SERVICE,INC. FLORID _ ?p By: By: Shawn Boyl ity Manager Dale eagher,President Addendum to Sponsorship Agreement City of Winter Springs/A Budget Tree,Inc. Page 3 of 3