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HomeMy WebLinkAbout04-161 Resolution No. 04-161 RESOLUTION AUTHORIZING EXECUTION OF A HEMMENS CULTURAL CENTER PROMOTIONAL AGREEMENT WITH COMCAST BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,City Manager,and Dolonna Mecum,City Clerk,be and are hereby authorized and directed to execute a Promotional Agreement on behalf of the City of Elgin with Comcast for sponsorship of the Performing Arts Season at the Hemmens Cultural Center, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: June 23, 2004 Adopted: June 23, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this / day of w - , 2004, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City" ) and COMCAST of Illinois/ West Virginia, LLC, (hereinafter referred to as "Comcast" ) . WHEREAS, City owns and operates a theater commonly known as the Hemmens Cultural Center; and WHEREAS, the parties hereto have each determined it to be in their best interests to enter into an agreement by which Comcast provide sponsorship for the aforementioned Hemmens Cultural Center. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows : 1 . Comcast shall provide the City with $12, 500 on or before June 30, 2004 . 2 . City shall provide Comcast with prominent logo placement in 250, 000 editions of City' s season brochure in the Performing Arts for Young People Series section. 3 . City shall provide Comcast with a half page ad in City' s Adult/Family program for the applicable season. 4 . City shall provide space to Comcast at all Performing Arts for Young People shows for banner display. 5 . City shall provide Comcast with forty (40) tickets per show (not performance) for each of the Performing Arts for Young People shows . 6 . City shall provide Comcast with logo placement and hyperlink on the Hemmens' Performing Arts for Young People website for the length of the applicable season. 7 . City shall include Comcast in the Performing Arts for Young People ad in City' s Adult/Family program for the applicable season. 8 . This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes and the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 9 . The terms of this agreement shall be severable . In the event any of the terms or conditions of this agreement are deemed r to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect . 10 This agreement shall not be construed so as to create a joint venture, partnership, employment, or other agency relationship between the parties hereto except as specifically provided herein. 11 This agreement shall terminate on , 2005 CITY OF ELGIN COMCAST/5:2.01'BY .! 1L.L.Ill(11 r't a..� By A n,� ity Manag-r reds r Go.ci► -�"' ASAZrj Attest : Attest : City Clerk F:\Legal Dept\Agreement\Hemmens-Comcast.doc -2-