06-211 Resolution No.06-211
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
PADDOCK PUBLICATIONS (DAILY HERALD)
FOR THE HEMMENS 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 Paddock
Publications(Daily Herald)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: September 13, 2006
Adopted: September 13, 2006
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
DAILY HERALD
The Hemmens Cultural Center
2006 - 2007 Performing Arts Season
Capitol Steps, October 13, 2006
P.J. O'Rourke, October 14, 2006
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this day
of , 2006, by and between the City of Elgin, Illinois, a
municipal 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 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 . Paddock shall provide the City with $12, 000 in trade
advertising in the Daily Herald on or before October 14, 2006.
2 . City shall provide Daily Herald with logo placement next
to Capitol Steps October 13, 2006 and P.J. O'Rourke October 14,
2006 (Sponsored Shows) in 300, 000 copies of City' s season brochure.
3. City shall provide Daily Herald with a half page ad in
program book for Sponsored Shows, Capitol Steps October 13, 2006
and P.J. O'Rourke October 14, 2006.
4 . City shall provide Daily Herald with six (6) tickets to
each of the Sponsored Shows, Capitol Steps October 13, 2006 and
P.J. O'Rourke October 14, 2006.
5 . City shall provide Daily Herald with logo placement and
hyperlinks on the Hemmens' Adult Season website through October 16,
2006.
6. City shall include Daily Herald' s logo on all print
advertising for Sponsored Shows (newspaper, magazines, newsletters,
etc. ) .
7 . City shall provide Daily Herald with credit for Sponsored
Shows on the City' s Government Access Cable TV Stations .
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.
11. This agreement shall terminate on October 16, 2006 .
12 . No warranty or guarantee of quality, sufficiency,
quantity, or effectiveness of the advertising to be provided
pursuant to this Agreement is made by either party to each other or
to any third party.
13 . This Agreement creates no right or benefit to any third
party.
14 . Damages for any violation of any provision or obligation
of this Agreement shall be limited to $1.00 as the economic market
value of the advertising each party promises to provide herein. The
parties acknowledge the economic market value of advertising is
difficult and uncertain to quantify. The parties acknowledge this
is a liquidated damages clause for uncertain and difficult to
quantify damages. The parties further acknowledge each party waives
any consequential, economic, or punitive damages from a violation
of the Agreement.
15 . The parties may not assign, transfer, or delegate any of
the obligations of the Agreement without written consent of the
other party.
CITY OF ELGIN Paddock Productions nc .
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City Clerk
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