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HomeMy WebLinkAbout09-0112 Hawks Baseball . 1 01/06/2009 17:42 18158852204 ROCKFORDRIVERHAWKS PAGE 05/07 SPONSORS HIP AGREEMENT THIS AGREEMENT is hereby made and entered into this ,Q /1 day of ,Jo.va.my . 2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "Elgin") and Hawks Baseball, LLC, an Illinois limited liability company (hereinafter referred to as "Hawks"). WHEREAS, Hawks owns a baseball team known as the "Rockford River Hawks". based in Rockford, Illinois; and WHEREAS. Elgin owns a theater/cultural center known as "The Hemmens Cultural Center": and WHEREAS, the parties hereto have each determined to be in their best interests to enter into a sponsorship agreement for the advertisement and promotion of the 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. The above recitals are incorporated into and made a part of this agreement. 2. Elgin shall pay to Hawks the sum of Eight Thousand Five Hundred Dollars ($8,500) on or before February 20, 2009. 3. Hawks shall provide to Elgin the following: (A) A 32" x 32" sign by the Rockford River Hawks' Customer Service Window identifying it as "The Hemmens Customer Service Window" from March 20, 2009 to October 20, 2009. (B) A minimum of 5 mentions of"The llemmens Customer Serivce Window" over the Rockford River Hawks facility PA during each Rockford River Hawks home game. (C) Two thirty-second radio spots during each Rockford River Hawks home game. (D) Participation in the Rockford River Hawks July 2, 2009 "Give-Away Night" including: ■ 1,000 patriotic themed promotional items (TBD) for give-away; 01/06/2009 17: 42 18158852204 ROCKFORDRIVERHAWKS PAGE 06/07 • 50 tickets for the game; • Opportunity for representatives of Elgin to throw the first pitch; • Opportunity for the cast of Elgin Summer Theatre to sing the National Anthem; and • Opportunity for the cast of Elgin Summer Theatre to sign the 7`" inning stretch at the July 2, 2009 "Give-Away Night". (E) A link to wtvw.hemmens.org from the River Hawks website. (F) Inclusion of Hemmens name in River Hawks 2009 Pocket Schedule. 4. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with the provisions or performance of this agreement shall be in the Circuit Court of Kane County. Illinois. 5. This agreement shall not be construed so as to create a joint venture. employment, partnership or other agency relationship between the parties hereto. 6. The terms of this agreement shall be severable. In the event that 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_ 7. In the event any of the provisions or benefits to Elgin of this agreement are canceled or rendered impracticable due to the cancellation of any Rockford River Hawks home game, or if Hawks fail to provide advertising or other promotional benefits as provided for herein for any reason. Hawks shall provide Elgin with a substantively comparable advertising or benefit replacement or opportunity at a mutually agreeable Rockford River Hawks home game date. 8. To the fullest extent permitted by law, Hawks shall hold harmless and indemnify Elgin, its boards and commissions, agents, employees and volunteers from and against any and all suits, claims for damages, causes of action or any and all other liability arising out of or resulting from any or alleged to have arisen out of or resulted from, Elgin's performance of this agreement, including, but not limited to, attorneys' fees and costs. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. 9. This agreement shall terminate on September 6, 2009. 10. in no event shall Hawks be entitled to any monetary damages from Elgin based on any alleged breach of this agreement, claim for damages, suits, alleged torts, or for any other matter in any forum whatsoever. 11. Elgin shall provide to Hawks advertising copy no later than thirty (30) days prior to Rockford River Hawks' opening day, 2009. in the event Elgin fails to provide Hawks with advertising copy by such date, Hawks shall provide advertising copy reasonably acceptable to Elgin not less than ten (10) days prior to said opening day game. Failure of Elgin to provide -2 - 01/06/2009 17:42 18158852204 ROCKFORDRIVERHAWKS PAGE 07/07 such advertising copy shall not be construed as a breach of this agreement, and Hawks shall not be entitled to any damages resulting from such failure. CITY OF ELGI HAWKS BA EBALI., L LC By By / Attest; Attest: - 3 -