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HomeMy WebLinkAbout07-223 Resolution No. 07-223 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH ACME REFINING, 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 Acme Refining,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: September 12, 2007 Adopted: September 12, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk a Acme Refining The Hemmens Cultural Center 2007-2008 Performing Arts Season Bronze Sponsorship PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this 6(I day of A!, i/, •. , 2007, by and between the CITY OF ELGIN, ILLINOIS, a munici %al corporation (hereinafter referred to as "City") and Acme Refining, an Illinois corporation (hereinafter referred to as "Acme") . 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 Acme shall be listed as a Bronze Sponsor for The Hemmens Cultural Center's 2007-2008 Performing Arts Season (hereinafter referred to as "Sponsored Season") . 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 . Acme shall provide the City with payment of $3, 000 . 00 US Dollars. 2 . City shall provide Acme with a '/a page ad in all program books for Sponsored Season. 3 . City shall provide Acme six (6) tickets to each of six (6) shows during Sponsored Season. 4. City shall provide The Acme with logo placement and hyperlink on the Hemmens ' Performing Arts Season webpage during Sponsored Season. 5 . City shall credit Acme as a sponsor of Sponsored Shows on Elgin's Government Access TV Channels on Comcast and Wide Open West. 6 . 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 . 7. 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. • 8 . 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. 9 . 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. 10 . 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. 11 . This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. 12 . 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 . 13 . This agreement shall terminate on May 24, 2008 . 14 . This agreement is the sole agreement between the parties hereto regarding this matter. There are no other implied or verbal agreements between the parties hereto. The terms and provisions of this agreement may not be modified except by a written agreement between the parties hereto. CITY OF ELGIN Acme Refining B - elti, -- e (/By l3 y , City r ager (',h Lee- &(otr1GUo (.O flrn/(.eft Attest: Attest: 2*//...0t City Clerk -2- ■ OF E� �., Agenda Item No. e 1t, City of Elgin August 3, 2007 TO Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager /matt,.,,, i n rcrc al'd Randy Reopelle,elle Parks and Reafeation Director ( +lt,rrY'4,p4,r..+„re for,41 SUBJECT: Acme Refining Sponsorship of the 2007-2008 Hemmens Cultural Center Performing Arts Season PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sponsorship agreement with Acme Refining for The Hemmens Cultural Center's 2007-2008 Performing Arts Season. RECOMMENDATION It is recommended that the City Council approve the sponsorship agreement with Acme Refining as presented. BACKGROUND The staff of the Hemmens Cultural Center has developed a sponsorship program for City- sponsored shows in order to enable The Hemmens to bring in high quality performers, offer competitive ticket prices and broaden the theatre's exposure in the Elgin community and beyond. To this end, an effort was made to target local and regional businesses for sponsorship opportunities. Acme Refining has expressed interest in participating by sponsoring the 2007- 2008 Performing Arts Season as referenced above. The main points of the agreement are as follows: The Hemmens will provide: 1. One-quarter page ads in the program books for the sponsored season, valued at $500. 2. Six (6)tickets to each of six (6) selected shows, valued at up to $1,800. 3. Acme Refining's logo and a link to their webpage on the Hemmens Performing Arts Season webpage through the end of the 2007-2008 Performing Arts season. r Acme Refining"Bronze" Level Sponsorship of 2007-2008 The Hemmens Cultural Center Performing Arts Season August 3, 2007 Page 2 4. Credit as a show sponsor on Elgin's government access Cable TV channels. Acme Refining will provide: 1. Remuneration to the City totaling $3,000. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None F NANCIAL IMPACT The sponsorship agreement stipulates that the City will provide Acme Refining with tickets and program advertising totaling up to $2,300. Acme Refining will provide $3,000 to the City which will be credited to the Parks and Recreation Fund, account number 296-0000- 605.51-06. LEGAL IMPACT MAdone ALTERNATIVES, 1. The Council may choose to approve the sponsorship agreement with Acme Refining. 2. The Council may choose not to approve the sponsorship agreement with Acme Refining. Respectfully submitted for Council consideration. bw attachment '4111)