04-162 Resolution No. 04-162
RESOLUTION
AUTHORIZING EXECUTION OF A HEMMENS CULTURAL CENTER
PROMOTIONAL AGREEMENT WITH NEXTMEDIA GROUP, INC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
David M.Dorgan,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 Group,
Inc. for sponsorship of the Performing Arts Season at the Hemmens Cultural Center,a copy of which
is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: June 23, 2004
Adopted: June 23, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this y7-/{ day
of Z- oiNJ O, 2004, by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City") and
NEXTMEDIA GROUP, INC. , an Illinois corporation (hereinafter
referred to as "STAR") .
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 shall
provide sponsorship 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. STAR shall provide City with a show sponsorship
advertising support program (hereinafter referred to as
"Advertising") , which shall include but not be limited to $10, 000
in trade advertising.
2 . All advertising shall be calculated at the rates
indicated in STAR 's rate card in effect at the time advertising is
placed. City may use station time on a spot announcement basis
only. All announcement schedules are subject to availability at
time of offering and preemption by STAR in the event time is sold
commercially or used for public service announcements or programs.
3 . STAR shall provide promotional announcements four (4)
weeks leading up to the sponsored show, on-air ticket give-away
promotion, and an introduction to the sponsored show by a STAR
personality.
4. City shall provide STAR with a half page ad in the
sponsored show program.
5. City shall provide space at a STAR sponsored show for a
booth and/or exit sampling of products .
6. City shall provide STAR with six (6) tickets for one
performance of the sponsored show for station use.
7 . City shall provide STAR an additional twenty-four (24)
tickets to the sponsored show for on-air ticket give-away
promotion.
8. City shall provide STAR with logo placement in 250, 000
editions of City's season brochure next to the sponsored show.
1,
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9. City shall provide STAR with logo placement and hyperlink
on the Hemmens ' website next to the sponsored show until the show
runs .
10 . City shall provide STAR with logo placement on all print
advertising done for promotion of the sponsored show.
11 . This agreement shall expire on April 23, 2005 . Either
party may terminate this agreement upon thirty (30) days written
notice for any or no reason. In the event of such termination upon
written notice, a reasonable period, not to exceed ninety (90)
days, shall be allowed for equalization of reciprocal expenditures
as provided for herein. Such equalization of reciprocal
expenditures shall be determined in a mutual agreement. Should a
mutual agreement not be reached within thirty (30) days , such
equalization of reciprocal expenditures shall be calculated in
City 's sole reasonable discretion. Upon the expiration of the term
of this agreement, any merchandise or service due to STAR shall be
forfeited without recourse unless an extension of time has been
mutually agreed upon in writing.
12 . The parties hereto agree to furnish reasonable monthly
proof of performance.
13 . 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, or otherwise used in any way other
than in accordance with the terms of this agreement.
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 . All advertisements, messages, products or services are
subject to the prior approval of STAR and shall comply with STAR'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 .
16. City shall provide STAR admission for up to 10 people to
Sponsor Only Reception the night of the show.
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
connection with this agreement shall be in the Circuit Court of
Kane County, Illinois .
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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 shall terminate on April 23, 2005 .
CITY OF ELGIN NEX .r IA OUP, INC .
By By OPP Ait
ity Manager
Attest: Attest:
City Clerk --- ___--�
F:\Legal Dept\Agreement\Hemmens-star 105.5 FM.doc
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