06-189 Resolution No. 06489
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
NEXTMEDIA OPERATING, INC.
(2006-2007 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 Nextmedia
Operating, Inc. for the Hemmens 2006-2007 Performing Arts Season, a copy of which is attached
hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: August 9, 2006
Adopted: August 9, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
NEXTMEDIA Operating, INC.
The Hemmens Cultural Center
2006-2007 Performing Arts Season
Survivor, Kathy Griffin and Jim Peterik & World Stage
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this 977/ day
of i} LIG , 2006, by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City") and
NEXTMEDIA Operating, INC. , parent company of STAR105 . 5 and Y103 . 9
Radio Stations, an Illinois corporation (hereinafter referred to as
"NEXTMEDIA" ) .
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 NEXTMEDIA
shall be listed as a sponsor 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 . NEXTMEDIA shall provide City with advertising in support
of shows performed at the Hemmens Cultural Center, commonly known
as "Survivor" , "Kathy Griffin" and "Jim Peterik & World Stage"
(hereinafter referred to as "Sponsored Shows" ) , which advertising
(hereinafter referred to as "Advertising") shall include, but not
be limited to:
• 45 Promotional Announcements on Star105 . 5; and
• 45 Promotional Announcements on Y103 . 9; and
• On-air ticket giveaways on both stations; and
• Promotional announcements beginning three weeks prior to
Sponsored Show.
Such Advertising shall be equal in value to not less than $18, 000 .
2 . All advertising shall be calculated at the rates
indicated in NEXTMEDIA' s rate card in effect at the time
advertising is placed. All announcement schedules are subject to
availability at time of offering and preemption by NEXTMEDIA in the
event time is sold commercially or used for public service
announcements or programs .
3 . NEXTMEDIA shall provide an introduction to the Sponsored
Shows by a STAR105 . 5 and/or Y103 . 9 on-air personality, pending
approval of Artist .
4 . City shall provide NEXTMEDIA with a half page ad in the
program for the Sponsored Shows .
5. City shall provide up to two (2) 3' x 6' mutually agreed
upon spaces in The Hemmens' outer lobby at NEXTMEDIA Sponsored
Shows for signage. Signage shall be provided by NEXTMEDIA.
6. City shall provide NEXTMEDIA with six (6) tickets for one
performance of each of the Sponsored Shows for Station use.
7. City shall provide NEXTMEDIA an additional ten (10)
tickets to each of the Sponsored Shows for on-air ticket give-away
promotion.
8 . City shall provide NEXTMEDIA with logo placement in
300, 000 editions of City' s season brochure next to the Sponsored
Shows.
9. City shall provide NEXTMEDIA credit for the Sponsored
Shows in the SPIRIT, Elgin' s quarterly community newsletter.
10 . City shall provide NEXTMEDIA with logo placement and
hyperlink on the Hemmens' website next to the Sponsored Shows until
the shows run.
11 . City shall provide NEXTMEDIA with logo placement on all
print advertising done for promotion of the Sponsored Shows.
12 . This agreement shall expire on May 21, 2007 .
13 . The parties hereto agree to furnish reasonable monthly
proof of performance.
14 . 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.
15 . 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.
16. All advertisements, messages, products or services are
subject to the prior approval of NEXTMEDIA and shall comply with
NEXTMEDIA'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.
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
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connection with this agreement shall be in the Circuit Court of
Kane County, Illinois .
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 may be terminated by either party hereto
upon thirty (30) days written notice, without liability.
21 . This agreement shall not be construed so as to create a
joint venture, partnership, employment or other agency relationship
between the parties hereto.
22 . The terms and provisions of this agreement shall be
severable. In the event 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.
23 . This agreement is the sole agreement between the parties
hereto. There are no other implied or oral agreements between the
parties hereto. This agreement may not be modified except by
written agreement between the parties hereto.
CITY OF ELGIN NEXT -DIA OPERATING, INC.
By 410b
By
City Mager .� ,-
Attest : Attest :
P1-41t.r4Q_ 447,44,,,—
Ci=y Clerk
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