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05-185 • . • Resolution No.05-185 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH THE ELGIN COURIER NEWS (2005-2006 Performing Arts Season) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,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 the Elgin Courier News for the Hemmens 2005-2006 Performing Arts Season,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: June 8, 2005 Adopted: June 8, 2005 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • Elgin Courier News Hemmens Cultural Center 2005-2006 Performing Arts Season PROMOTIONAL AGREEMENT THIS AGREEMENT is hereby made and entered into this v day of IVf1? ., 2005, by and between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City") and Suburban Chicago Newspapers, the parent company of The Elgin Courier News, an Illinois corporation (hereinafter referred to as "The Courier") . 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 The Courier 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 . The Courier shall provide the City with advertising equal to not less than $30, 000 in value between May 12, 2005 and April 15, 2006, for the purpose of promoting the 2005-2006 Performing Arts Season. 2 . City shall provide The Courier with logo placement listing it as a season sponsor in 250, 000 editions of City' s season brochure. 3. City shall credit The Courier as a season sponsor on the Hemmens/Centre electronic marquee located at the corner of Kimball Street and North Grove Avenue, Elgin, Illinois . 4 . City shall provide The Courier with a full page ad in all program books for The Hemmens Cultural Center' s 2005-2006 Performing Arts Season shows . 5. City shall provide The Courier ten (10) tickets to all of The Hemmens Cultural Center' s 2005-2006 Performing Arts Season shows . 6. City shall provide The Courier with logo placement and hyperlink on the Hemmens' Performing Arts Season webpage for the length of the applicable season, which shall end on April 15, 2006. 7 . City shall credit The Courier as a season sponsor on Elgin' s Government Access TV Channels on Comcast and Wide Open West. 8 . City shall include The Courier logo on all print advertising for The Hemmens Cultural Center' s 2005-2006 Performing Arts Season shows (newspaper, magazines, newsletters, etc. ) . 9. City shall provide admission for up to twenty (20) people to a Sponsors Only Reception in the South Lobby of The Hemmens Cultural Center prior to the performance of The Hemmens Cultural Center' s 2005-2006 Performing Arts Season shows . 10. 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 . 11 . 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. 12 . 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. 13 . This agreement shall terminate on April 16, 2006 CITY OF ELGIN The El•in Courier News By 4111144 , By 411111 •• City Man.gLr A,e , miik Air Attest: Attest: 19/3141-k'''C / y City Clerk -2-