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Home My WebLink About07-188 Resolution No. 07- 188 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH PADDOCK PUBLICATIONS, INC. FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and directed to execute a promotional agreement on behalf of the City of Elgin with Paddock Publication, Inc. for Hemmens 2007-2008 Performing Arts Season,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 25, 2007 Adopted: July 25, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 02 Daily Herald The Hemmens Cultural Center 2007-2008 Performing Arts Season PROMOTIONAL AGREEMENT T IS AGREEMENT is hereby made and entered into thiso day of --) k , 2007, by and between the CITY OF ELGIN, ILLINOIS, a municipa]1 corporation (hereinafter referred to as "City") and Paddock Productions, Inc. , parent company of The Daily Herald newspaper, an Illinois corporation (hereinafter referred to as "Paddock") . 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 Paddock 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. Paddock shall provide City with advertising in support of shows performed -at the Hemmens Cultural Center, commonly known as "Phil Vassar, Alan Parsons LIVE Project, Rachael Price & TS Monk, Arlo Guthrie, Herman's Hermits, Big Band Broadcast, Direct from Vegas, The Turtles, 1964, Chris Korblein, The Nylons, Gaelic Storm, Davy Jones, Brigid' s Cross, The Ides of March, Sarah Vowell and Jerry Stiller" (hereinafter referred to as "Sponsored Shows") , with advertising and promotional support (hereinafter referred to as "Advertising") . Such Advertising shall be equal in value to not less than $75, 000 .00. • 2. City shall provide Paddock with a Full page ad in the program for the Sponsored Shows. 3. City shall either provide up to two (2) 3' x 6' mutually agreed upon spaces in The Hemmens' outer lobby at Paddock Sponsored Shows for signage or project Paddock' s logo in The Hemmens' outer lobby. Signage shall be provided by Paddock. 4. City shall provide Paddock with an area in The Hemmens' outer lobby for sponsor promotions during shows which are not specifically sponsored by other newspapers . 5. City shall provide Paddock with ten (10) tickets for one performance of each of the Sponsored Shows for Paddock' s use. 6. City shall provide Paddock with logo placement in 100, 000 editions of City's season brochure next to the Sponsored Shows. 07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 03 7 . City shall provide Paddock credit for the Sponsored Shows in the SPIRIT, Elgin' s quarterly community newsletter. 8 . City shall provide Paddock with logo placement and hyperlink on the Hemmens ' website next to the Sponsored Shows until the shows run. 9. City shall provide Paddock with logo placement on all non-newspaper print advertising done for promotion of the Sponsored Shows. 10. City shall provide Paddock credit in radio and/or television advertising and promotion, including credit on City' s Government Access TV Channels on Comcast and Wide Open West for Sponsored Shows. 11. City shall provide Paddock credit on City' s *electronic • messaging center located at the intersection of Kimball Street and Grove Avenue in Elgin, Illinois. 12. This agreement shall expire on May 24, 2008 . • 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. • In no event shall City be liable for monetary damages for any reason, including, but not limited to, compensatory, consequential or incidental damage or attorney' s fees. 16. 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 . 17 . 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. -2- 07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 04 18 . 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. 19. This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 20. 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. 21. 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 P- .aoc • Productions, Inc. By City 'an.1111111 !111 /i(11f�-M ! / 4 ahri w" Attest: Attest: . ,._)„. .2_, :pki.ijAMCA..., City Clerk • • -3-