05-215 Resolution No. 05-215
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
EUCLID BEVERAGE LTD.
(Hemmens Cultural Center)
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 with Euclid Beverage Ltd. on behalf of the City of
Elgin for sponsorship in connection with 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: July 13, 2005
Adopted: July 13, 2005
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
•
EUCLID BEVERAGE LTD.
The Hemmens Cultural Center
2005-2006 through 2007-2008 Performing Arts Seasons
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this am-- day of 'Tut_ y ,2005,by and
between the CITY OF ELGIN, ILLINOIS, a municipal corporation (hereinafter referred to as "City")
and Euclid Beverage Ltd., of North Aurora, Illinois, a Delaware corporation(hereinafter referred to
as"Euclid Beverage").
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 Euclid Beverage 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. Euclid Beverage shall provide the City with$15,000 on or before July 15, 2005, and the additional
sum of$15,000 for the second year on July 14, 2006, and the additional sum of$15,000 for the third
year on or before July13,2007.
2. Euclid Beverage shall provide the City with promotional support in the form of advertising and on
site marketing equal to not less than $15,000 in value between June 10, 2005 and April 15, 2006, at
commercially reasonable values in the industry stipulated by Euclid Beverage. Euclid Beverage during
the second year of the contract will provide promotional support in the form of advertising and on site
marketing equal to not less than $15,000 in value before June 30, 2007, at commercially reasonable
values in the industry stipulated by Euclid Beverage. Euclid Beverage during the third year of the
contract will provide promotional support in the form of advertising and on site marketing equal to not less than
$15,000 in value before June 30, 2008, at commercially reasonable values in the industry stipulated by
Euclid Beverage.
3. 'City shall provide Euclid Beverage with logo placement listing it as a season sponsor in 250,000
editions of City's season brochure fix each sponsored season
4. City shall credit Euclid Beverage as a season sponsor fx each sponsored season on the
Hemmens/Centre electronic marquee located at the corner of Kimball Street and North Grove Avenue,Elgin,
Illinois.
5. City shall provide Euclid Beverage with a full page ad in all program books for 2005-2006,2006-2007
and 2007-2008 seasons.
6. ',City shall provide Euclid Beverage with twenty (20) tickets to all Hemmens Performing Arts
Season shows for each sponsored season
7. City shall provide Euclid Beverage with logo placement and hyperlink on the Hemmens'
Performing,Arts Season webpage for the length of the applicable seasons.
8. City shall credit Euclid Beverage as a season sponsor on Elgin's Government Access TV Channels
on ComcaSt and Wide Open Westfo-each sponsored season.
9. City shall include Euclid Beverage's logo on all print advertising for sponsored Hemmens
Perfoimin Arts Season shows(newspaper,magazines,newsletters,etc.)freach sponsored season.
1
101 City shall provide admission for up to twenty(20)people to a Sponsors Only Reception in
South Lobby of The Hemmens Cultural Center prior to each Hemmens Performing Arts Season
shows for each sponsored season.
11.E Miller Brewing shall have exclusive signage rights in the Hemmens Lobby and on the Hemmens
exterior breach sponsored season. Exclusivity will be limited to beer-related products.
12; 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.
13. 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
14.; 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.
15.E This agreement is for a term of thee years and shall terminate on June 30, 2008, unless
terminated earlier as provided below.
16., Annual Termination Option. Nothing herein to the contrary, either party for any reason
without liability may terminate this agreement by giving written notice to the other party within thirty(30)
days prior to the printing of the 2006-2007 Hemmens Performing Arts Season Brochure and within thirty
(30) days prior to the printing of the 2007-2008 Hemmens Performing Arts Season Brochure. Printing
schedule of such brochures to be determined exclusively by City staff and schedule to be provided to
Euclid no later than sixty(60)days prior to printing. Further,that in absence of such notice of termination
this agreement shall remain in full force and effect for the remaining term hereof
CITY OF ELGIN Euclid Beverage
By 4111k. ■��..lAy gr:77/YL.....___..7 Ci t Mana g' uex lil
114 is
Attest: Attest:
%.413\1,..„,<_ rk,,,,,,,_
City Clerk']
- 2 -
1