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Home My WebLink About07-214 Resolution No. 07-214 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH NEXTMEDIA OPERATING, 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 NextMedia Operating, Inc., for the 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: August 22, 2007 Adopted: August 22, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk NEXTMEDIA Operating, INC. The Hemmens Cultural Center 2007-2008 Performing Arts Season Direct from Vegas - The Rat Pack, The Turtles and Performing Arts for Young People Season PROMOTIONAL AGREEMENT of � THIS .AGREEMENT is hereby made and entered into this day 1J� S�' , 2007, by and between the CITY OF ELGIN, ILLINOIS, a munici 1 corporation (hereinafter referred to as "City") and NEXTMEDIA Operating, INC. , parent company of STAR 105 . 5 (STAR) and Y-103 . 9 . 9 Radio Stations Radio Station, 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 STAR and Y 103 . 9 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 as follows : Advertising for show, commonly known as "Direct from Vegas - The Rat Pack" (hereinafter referred to as "Sponsored Show") shall be equal in value to not less than $7, 500. 00 on STAR; and Advertising for show, commonly known as "The Turtles" (hereinafter referred to as "Sponsored Show") shall be equal in value to not less than $7, 500 . 00 on Y 103 . 9; and Advertising for remaining shows in City's Performing Arts Season shall be equal in total value to not less than $25, 000. 00 on STAR and/or Y 103. 9 to be used at City's discretion. The format, content and timing of said advertising shall be at the discretion of City and subject to the approval of NEXTMEDIA, which approval shall not be unreasonably withheld. 2 . City shall provide NEXTMEDIA with program advertisements as follows : STAR shall receive a 3/4 page ad in the program for "Direct from Vegas - The Rat Pack"; and Y 103 . 9 shall receive a 3/4 page ad in the program for "The Turtles"; and NEXTMEDIA shall receive a total of four (4) additional 3/4 page ads for STAR or Y 103 . 9, with one (1) additional 3/4 page ad to be included in the programs for four (4) of the following shows : "Phil Vassar, " "Alan Parsons LIVE Project, " "Rachael Price & TS Monk, " "Arlo Guthrie, " "Herman's Hermits, " "Big Band Broadcast, " "Chris Korblein, " "The Nylons, " "Gaelic Storm, " "Davy Jones, " "Brigid's Cross, " "The Ides of March, " "Sarah Vowell" or "Jerry Stiller . 3 . City shall provide up to two (2) 3 ' x 6 ' mutually agreed upon spaces in The Hemmens ' outer lobby at Sponsored Shows for signage. Signage shall be provided by NEXTMEDIA and subject to the approval of City, which approval shall not be unreasonably withheld. 4 . City shall provide NEXTMEDIA with ten (10) tickets for Sponsored Shows for Station use. 5 . City shall provide NEXTMEDIA with tickets for Performing Arts for Young People (hereinafter referred to as "PAYP") as follows : STAR shall receive a total of twenty (20) tickets to one (1) performance of each production of "The Lion, the With and the Wardrobe, " "Max & Ruby, " "Winnie the Pooh, " "A Christmas Carol, " "Junie B. Jones, " "Charlotte's Web, " "Dr . Dolittle" and "The Mystery of King Tut"; and Y 103 . 9 shall receive a total of twenty (20) tickets to one (1) performance of each production of "Winnie the Pooh, " "A Christmas Carol" and "Charlotte's Web. " 6 . City shall provide STAR and Y 103 . 9 with logo placement in 100, 000 editions of City' s season brochure next to the respective Sponsored Shows and PAYP. 7 . City shall provide STAR and Y 103 . 9 credit for the respective Sponsored Shows and PAYP in the SPIRIT, Elgin's quarterly community newsletter . 8 . City shall provide STAR and Y 103 . 9 with logo placement and hyperlink on the Hemmens ' website next to the respective Sponsored Shows and PAYP until the shows run. 9 . City shall provide STAR and Y 103 . 9 with logo placement on all print advertising done for promotion of the respective Sponsored Shows and PAYP. 10 . City shall provide STAR and Y 103 . 9 credit in television advertisements and announcements, including credit on City's Government Access TV Channels on Comcast and Wide Open West for the respective Sponsored Shows and PAYP. 11 . This agreement shall expire on May 14, 2008 . 12 . NEXTMEDIA agrees to furnish reasonable proof of its performance of the obligations set forth in this agreement, upon the request of City. -2- 13 . The parties may not assign, transfer, delegate or offer for resale any of the rights or obligations set forth in this agreement without the written consent of the other party. 14 . 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. 15 . 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. 16 . In no event shall City be liable for monetary damages, including, but not limited to, compensatory, consequential or incidental damages or attorney' s fees, arising from or in any way related to any breach or other violation of the terms of this agreement . 17 . 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. 18. This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 19 . 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 . 20 . 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 a F ELGIN NEXTMEDI perating, INC. 1 By i - . - - By City Man.;er Attest : Attest :