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Service Solicited - 2023 - GWC Capital, LLC - GWC Capital - $5,000 Donation to be used for Library SPONSORSHIP AGREEMENT THIS SPONSORSHIP AGREEMENT("Agreement")I s made and entered into this 13 day of September 2023 by and between the CITY OF EAGLE, IDAHO,with a mailing address of 660 E. Civic Lane Eagle,Idaho,an Idaho municipal corporation("City")and GWC CAPITAL,LLC a Utah limited liability company having a mailing address of 730 N. 1500 W.,PO Box 1955 Orem,Utah 84057 ("Sponsor"). City and Sponsor are sometimes collectively referred to herein individually as a"Party,"or collectively as the"Parties". RECITALS WHEREAS,the Sponsor has desires of donate monies to the City of Eagle; and WHEREAS,the Sponsor desires for the monies to be directed for used for services provided by the City; and WHEREAS,it is the preference of the Sponsor that the monies be utilized at the Eagle Public Library, but acknowledges that the City has final authority to distribute funds where they may best serve the citizens of Eagle; and WHEREAS,the donation will further the City's mission,goals and priorities for the City; WHEREAS,Sponsor desires to donate monies,the City desires to accept the donation of monies,and in accordance with the terms and conditions of this Agreement. AGREEMENT NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the parties agree as follows: 1. Incorporation of Recitals.The above Recitals are a material part of this Agreement and are incorporated as though they were folly set forth herein. 2. Sponsorship. Subject to and upon the terms of this agreement, Sponsor hereby agrees to donate the sum of$5,000(five thousand dollars)to the City,and with the preference stated that the funds be used to support Library services, specifically"The Family Place"section. 3. Recognition and Duration. a) Sponsorship recognition on promotional materials and on social media. b) Signage: With approval of signage design City,the Sponsor intends, at Sponsor's sole expense, to procure signage to be installed at a location authorized by the City recognizing the sponsorship. Signage will become property of the City of Eagle. Upon termination of the terms of this agreement the City may allow the donor 30 days to retrieve the signage.If the Sponsor declines or the sign remains unclaimed by the Sponsor the City may dispose of the signage as it sees fit. c) Signage will remain in place for a minimum of twenty-four(24)months,from the date of the installation of the signage. 4. Notice.Communication between the Parties regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served,or mailed in the United States mail,addressed as follows: City of Eagle GWC Capital,LLC Attn: City Clerk Attn: Robert Behunin, PhD P.O. Box 1520 730 N. 1500 W. Eagle,ID 83616 Orem,UT 84057 Phone: (208)489-8781 Phone: (801)-580-4852 e-mail: clerks@cityofeagle.org email: rbehunin@gwccap.com k:\clerks\contract-agreements\23-24\sponsorship agreement -gwc 09-2023.docx 5. Assignment.This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 6. Attorney's Fees.The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney 1 s fees in addition to other relief which a court of competent jurisdiction may award. 7. Governing Law.This Agreement will be construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction ofldaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 8. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing. 9. Heirs and Assigns.This Agreement and the terms and conditions hereof shall apply to and are binding upon the heirs, executors, administrators and assigns of the Parties hereto. 10. Severability. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement,or the application of such provision to persons or circumstances other than those as to which it is held invalid,shall not be affected thereby. 11. Approval. The City and Sponsor each acknowledge that this Agreement, even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. SPONSOR: GWC CAPITAL,LLC a Utah limited liability company /eec4¢tit-g¢/�cusui 13 September 2023 Rob Behunin, PhD Date Director,Business Services CITY OF EAGLE an Idaho municipal corporation 9/8/23 Jas Pie ce, Date Mayor ••••••,,,,,,,,,,,, .t OF E,q ,,,, A est: C� spoRq���' * : SEAL Tracy Osborn,City Clerk ;'t, 4.:• `P rt:R.PoRATc`;\.•Q Council Approval: c1'12\2,3 °•., OF ID k:\clerks\contract-agreements123-241sponsorship agreement - gwc to epl.docx