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04-163 Resolution No. 04-163 RESOLUTION AUTHORIZING EXECUTION OF A HEMMENS CULTURAL CENTER PROMOTIONAL AGREEMENT WITH PADDOCK PRODUCTIONS, 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 Paddock Productions,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 DAILY HERALD PROMOTIONAL AGREEMENT A irlY r \ T IS AGREEMENT is hereby made and entered into this / day of '`C, , 2004, by and between the CITY OF ELGIN, ILLINOIS, a mu ' cipal corporation (hereinafter referred to as "City") and Paddock Productions, Inc. , 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 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 . Paddock shall provide the City with $5, 000 in trade advertising in Daily Herald on or before September 24 , 2004 . 2 . City shall provide Daily Herald with logo placement next to sponsored show in 250, 000 copies of City' s season brochure. 3 . City shall provide Daily Herald with a half page ad in program book for sponsored show, Bob Newhart . 4 . City shall provide Daily Herald with six (6) tickets to sponsored show, Bob Newhart . 5 . City shall provide Daily Herald with logo placement and hyperlinks on the Hemmens' Adult Season website for the length of the applicable season. 6 . City shall include Daily Herald' s logo on all print advertising for sponsored show (newspaper, magazines, newsletters, etc . ) . 7. City shall provide admission for up to 10 people to a Sponsors Only Reception in South Lobby of Hemmens Cultural Center prior to the performance of sponsored show. 8 . 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 . 9 . 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 . 10 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. �� l ( Zoo 5_ 11 This agreement shall terminate on � / , ,' %.493 ' CITY OF ELGIN -' Paddock Pr _ BY BY AOL■ City Manager IF Attest : Attest: A City Clerk -2-