07-187 Resolution No. 07-
187
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
CITADEL COMMUNICATIONS, INC. FOR HEMMENS PERFORMANCES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Olufemi Folarin,City Manager,and Diane Robertson, City Clerk,be and are hereby authorized and
directed to execute a promotional agreement on behalf of the City of Elgin with Citadel
Communications, Inc. (formerly ABC Chicago FM Radio, Inc.) for Hemmens performances by
Herman's Hermits, 1964-The Tribute, Davy Jones, The Ides of March and Jerry Stiller, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: July 25, 2007
Adopted: July 25, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
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Citadel Communications, Inc.
The Hemmens Cultural Center
2007-2008 Performing Arts Season
Herman' s Hermits, 1964- The Tribute, Davy Jones, The Ides of
March and Jerry Stiller
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this /3 m day
of TOO( , 2007, by and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation (hereinafter referred to as "City") and
Citadel Communications, Inc r Yamrer9t nv olfn WZZN, 94 .7 FM, Chicago's
True Oldies Radio Station, am-Illinois corporation (hereinafter
referred to as "Station" ) .
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 Station
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 . Station shall provide City with advertising in support of
shows performed at the Hemmens Cultural Center, commonly known as
"Herman' s Hermits, 1964- The Tribute, Davy Jones, The Ides of March
and Jerry Stiller" (hereinafter referred to as "Sponsored Shows") .
Such Advertising shall be equal in value to not less than $7, 500. 00
per show.
2 . City shall provide Station with a 3/4 page ad in the
program for the Sponsored Shows .
3 . City shall provide up to two (2) 3' x 6' mutually agreed
upon spaces in The Hemmens' outer lobby at Sponsored Shows for
signage. Signage shall be provided by Station.
4. City shall provide Station with ten(10) tickets for
Sponsored Shows for Station use .
5 . City shall provide Station with logo placement in 100, 000
editions of City' s season brochure next to the Sponsored Shows .
6. City shall provide Station credit for the Sponsored Shows
in the SPIRIT, Elgin' s quarterly community newsletter.
7. City shall provide Station with iago---placement and---- --
hyperlink on the Hemmens ' website next to the Sponsored Shows until
the shows run.
07/16/2007 MON 08:38 FAX 312 984 5357 WZZN RADIO SALES 1 003
8 . City shall provide Station with logo placement on all
print advertising done for promotion of the Sponsored Shows.
9 . City shall provide Station credit in television
advertisements and announcements, including credit on City' s
Government Access TV Channels on Comcast and Wide Open West for
Sponsored Shows.
10 . City shall provide consideration for paid commercial
schedules on Station for selected shows during City' s 2007-2008
Performing Arts Season with radio/broadcast budgets .
11. This agreement shall expire on May 24, 2008 .
12 . The parties hereto agree to furnish reasonable monthly
proof of performance.
13 . 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.
14 . 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. In no event shall City be liable for
monetary damages for any reason, including, but not limited to,
compensatory, consequential or incidental damage or attorney's
fees.
15 . 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 .
16 . 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 .
17 . 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.
18 . —1h a - termina-ted by either party hereto
upon thirty (30) days written notice, without liability.
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07/16/2007 MON 08:39 FAX 312 984 5357 WZZN RADIO SALES U004
19 . 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 .
20 . 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.
Crr/4,1)EG. Ca 1AiO t)/C 4?iotiS
CITY OF ELGIN ADC Chicage FM Radie, Inc.
BY �, 01110W By �('/Gf�f��L LtditossE
City Ma :gr R+�K �112E7A lt)Z2J/ Fe
Attest: - Attest :
City Clerk
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