Loading...
HomeMy WebLinkAbout06-189 Resolution No. 06489 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEXTMEDIA OPERATING, 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 Nextmedia Operating, 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 NEXTMEDIA Operating, INC. The Hemmens Cultural Center 2006-2007 Performing Arts Season Survivor, Kathy Griffin and Jim Peterik & World Stage PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 977/ day of i} LIG , 2006, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City") and NEXTMEDIA Operating, INC. , parent company of STAR105 . 5 and Y103 . 9 Radio Stations, an Illinois corporation (hereinafter referred to as "NEXTMEDIA" ) . 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 NEXTMEDIA 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 . NEXTMEDIA shall provide City with advertising in support of shows performed at the Hemmens Cultural Center, commonly known as "Survivor" , "Kathy Griffin" and "Jim Peterik & World Stage" (hereinafter referred to as "Sponsored Shows" ) , which advertising (hereinafter referred to as "Advertising") shall include, but not be limited to: • 45 Promotional Announcements on Star105 . 5; and • 45 Promotional Announcements on Y103 . 9; and • On-air ticket giveaways on both stations; and • Promotional announcements beginning three weeks prior to Sponsored Show. Such Advertising shall be equal in value to not less than $18, 000 . 2 . All advertising shall be calculated at the rates indicated in NEXTMEDIA' s rate card in effect at the time advertising is placed. All announcement schedules are subject to availability at time of offering and preemption by NEXTMEDIA in the event time is sold commercially or used for public service announcements or programs . 3 . NEXTMEDIA shall provide an introduction to the Sponsored Shows by a STAR105 . 5 and/or Y103 . 9 on-air personality, pending approval of Artist . 4 . City shall provide NEXTMEDIA with a half page ad in the program for the Sponsored Shows . 5. City shall provide up to two (2) 3' x 6' mutually agreed upon spaces in The Hemmens' outer lobby at NEXTMEDIA Sponsored Shows for signage. Signage shall be provided by NEXTMEDIA. 6. City shall provide NEXTMEDIA with six (6) tickets for one performance of each of the Sponsored Shows for Station use. 7. City shall provide NEXTMEDIA an additional ten (10) tickets to each of the Sponsored Shows for on-air ticket give-away promotion. 8 . City shall provide NEXTMEDIA with logo placement in 300, 000 editions of City' s season brochure next to the Sponsored Shows. 9. City shall provide NEXTMEDIA credit for the Sponsored Shows in the SPIRIT, Elgin' s quarterly community newsletter. 10 . City shall provide NEXTMEDIA with logo placement and hyperlink on the Hemmens' website next to the Sponsored Shows until the shows run. 11 . City shall provide NEXTMEDIA with logo placement on all print advertising done for promotion of the Sponsored Shows. 12 . This agreement shall expire on May 21, 2007 . 13 . The parties hereto agree to furnish reasonable monthly proof of performance. 14 . 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. 15 . Upon default with respect to any provision of this agreement, the non-defaulting party shall provide written notice of such default to the other party, who shall then have five (5) days to correct the default or to commence corrective action in the event such default cannot be corrected within five (5) days; whereby such correction shall be completed within a reasonable time thereafter. In the event such default is not cured, the non- defaulting party may then immediately terminate this agreement without further liability. 16. All advertisements, messages, products or services are subject to the prior approval of NEXTMEDIA and shall comply with NEXTMEDIA's rules, policies, standards and practices, and with all rules and regulations of the Federal Communications Commission, and any other governmental body having jurisdiction over the premises. 17 . 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 -2- connection with this agreement shall be in the Circuit Court of Kane County, Illinois . 18 . 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 . 19 . 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. 20 . This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 21 . This agreement shall not be construed so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto. 22 . The terms and provisions of this agreement shall be severable. In the event any of the terms or provisions 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. 23 . This agreement is the sole agreement between the parties hereto. There are no other implied or oral agreements between the parties hereto. This agreement may not be modified except by written agreement between the parties hereto. CITY OF ELGIN NEXT -DIA OPERATING, INC. By 410b By City Mager .� ,- Attest : Attest : P1-41t.r4Q_ 447,44,,,— Ci=y Clerk -3-