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<br />January 13, 2009 <br /> <br />( 'FRTU'"I(';\TI' <br /> <br />rhe urllkrsigl1cd Clerk nf the ('Ity ('UUllClI tlf the ('ity or Martlllsvillc, Vlrgillid <br />1Jt.:rchy certi 11<':s that the l()n:gOll1g IS a true, corn:ct alld complete c\.)py of a resolutIOn <br />duly adupkd hY" <I lnajority llf the llIcmhns ur till: ClI)' Council of tile '- 'ity III <br />Milrtinsvilk, Virginia present and vutlng dUring the lllCdlllg duly' called and hdd un <br />January , 2n09, and that such resolution k.ls not hCC"1l n..'pealed. .'evoked, reSCinded (1I <br />amcnded, hut is in ful! ll.lfl.-'C and effect on the <..LJ1<.: hereof. A summary of tile members <br />pre'sent PI" absc'[J! at sLlch Incl."ling. and the n.'c(lldcd V(lle \vllh respect In the f{ln"t~()lllY. <br />resolutlllll. I" Set fonh In;!nw: <br /> <br />\'(1'1'1'\<: <br /> <br />J\lF\IBFH :'\1.\i\1I <br /> <br />pl<I<SI-:....'1 <br /> <br />\USFYI <br /> <br />YES <br /> <br />No <br /> <br />\ B.'-iT.\ L"H:\( . <br /> <br />Kathy I ,;}\V~;Ol1 <br />Kl1llhk l<.eVl)olds <br />M. (1t.'IK'Tc<tt!llC <br />\iLlr!.; ( Stflllld, Sl <br />()annv 'J UrllL'] <br /> <br />\Vlll'-d:SS Ill\ ILllHI dlld tilL' ~;cd ll!lhl' lUllllt\ illl.'-; <br /> <br />tbv \,l".J:11111:11 \ -'(H)') <br /> <br />( 'J! \' <- '1<.:lk, ( 'J! \ ( "Hllll'll <br />('Ily oj ;\,1 artJJls\'ll k. Vllglll];1 <br /> <br />ISI-,\I) <br /> <br />After comments by Assistant City Manager Leon Towarnicki and Amanda <br />Witt, President of the Chamber, and on a motion by Gene Teague, seconded by <br />Danny Turner, Council approved with a 5-0 vote the following contract with the <br />City of Martinsville and Martinsville-Henry County Chamber of Commerce <br />regarding Martinsville Mustangs: <br /> <br />THIS AGREEMENT made this _ day of December, 2008 by and between the MARTlNSVILLE-HENRY COUNTY CHAMBER OF <br />COMMERCE ("Chamber"), a Virginia Non-Stock Corporation, and the Crn OF MARTlNSVILLE ("City"), a municipal <br />corporation of the Commonwealth of Virginia: <br />WHEREAS the City owns a municipal baseball team named the "Martinsville Mustangs" and wishes to maximize the revenue <br />generated by this teilln; illld <br />WHEREAS the Chamber desires to assist the City in maximizing said revenue <Uld agrees to use its best efforts and its customer illld <br />client base in doing so; <br />Now THEREFORE WITENSSETH: that for in consideration of $15,000.00 paid by City to Chillnber. within 45 days of the execution <br />hereoC the sufliciency of which is hereby acknowledged, <br />I. Chamber shall undertake its best efforts to (a) sell advertisements to illlY and all interested parties, for display during the <br />Mustangs' season and (b) maximize paid attendance, souvenir, and concessions purchases at the Mustangs' games. The Chamber <br />shall enjoy complete discretion in the n1<Ulner and form of achieving these goals. <br />2. Once advertising revenue achieves $60.000.00. the parties shall divide additional advertising revenue up to $5,000 equally, <br />resulting in a potential "bonus" of $2,500 to the Chamber. <br />3. Once the total of beer. souvenir, gate. and concession sales exceeds $75.515.00 (2008 totals), the parties shall divide additional <br />sales up to $5,000 equally. resulting in a potential "bonus" of $2,500. <br /> <br />4. Total compensation to the Chillnber shall not exceed $20,000 for the 2009 season. <br />5. The City shall continue to expend its fixed costs for advertising. attendance and concessions, as determined by the average of <br />such expenditures for the years 2006.2007 and 2008. as calculated by the City. <br />6. The Chamber may at its own expense undertake such additional expenditures as it deems necessary to maximize revenue. <br />7. This agreement shall be governed by the laws of the Commonwealth of Virginia; any dispute arising ii'om its interpretation or <br />application shall be venued in the Circuit Court of the City of Martinsville. It shall endure for a term of one year and shall not be <br />renewed unless agreed upon by both parties. <br />Witness the following duly authorized signatures: <br />City Chamber <br /> <br />Clarence C. Monday <br />City Manager <br /> <br />Amanda C. Witt <br />President <br />