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HomeMy WebLinkAbout06-185 Resolution No. 06-185 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ABC CHICAGO FM RADIO, INC. (2006-2007 Performing Arts Season) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 ABC Chicago FM Radio,Inc. for the Hemmens 2006-2007 Performing Arts Season,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: August 9, 2006 Adopted: August 9, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk ABC Chicago FM Radio, Inc . The Hemmens Cultural Center 2006-2007 Performing Arts Season Eric Burdon & The Animals PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 9 r'({ day of A u G. 2006, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City") and ABC Chicago FM Radio, Inc. , parent company of Chicago' s True Oldies Station, 94 . 7 FM, an Illinois corporation (hereinafter referred to as "ABC") . 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 ABC shall be listed as a sponsor 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 . ABC shall provide City with advertising in support of shows performed at the Hemmens Cultural Center, commonly known as "Eric Burdon & The Animals" (hereinafter referred to as "Sponsored Show") , which advertising (hereinafter referred to as "Advertising") shall include, but not be limited to: • Twenty-five (25) 15-second Promotional Announcements to run between 5: 00am and 10 : 00 am October 30, 2006 through November 11, 2006 . (Value : $3, 750 . 00) • Two (2) live ticket giveaways each morning between 6:00 am and 10 : 00 am November 6, ' 2006 through November 10, 2006 (10 tickets total) . (Value: $1, 500 . 00) • Special Event listing on 947trueoldies . com. (Value: $250 . 00) • Logo and link on 947trueoldies .com to www.hemmens .org. (Value: $500 . 00) 2 . City shall provide ABC with a half page ad in the program for the Sponsored Show. 3 . City shall provide space at Sponsored Show for signage radio station-related giveaways . Signage shall be provided by ABC. 4 . City shall provide ABC with six (6) tickets for one performance of each of the Sponsored Show for Station use . 5 . City shall provide ABC an additional ten (10) tickets to each of the Sponsored Show for on-air ticket give-away promotion. 6 . City shall provide ABC with logo placement in 300, 000 editions of City' s season brochure next to the Sponsored Show. 7 . City shall provide ABC credit for the Sponsored Show in the SPIRIT, Elgin' s quarterly community newsletter. 8 . City shall provide ABC with logo placement and hyperlink on the Hemmens ' website next to the Sponsored Show until November 13, 2006 . 9 . City shall provide ABC with logo placement on all print advertising done for promotion of the Sponsored Show. 10 . This agreement shall expire on November 13, 2006 . 11 . In no event shall the rights of such advertising time be assigned, transferred or offered for resale by City to any third party, agency or time broker. 12 . 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 . 13 . The terms of this agreement shall be severable. In the event any of the terms or conditions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 14 . 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. CITY OF ELGIN ABC Chicago FM Radio, Inc. B El lb Y \ ._� By .4 ' _ d I fl City Ma •ager • °IOLA* /` ' °19 i✓eLi-b.r Attest : Attest : City Clerk -2-