07-188 Resolution No. 07-
188
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
PADDOCK PUBLICATIONS, INC.
FOR THE HEMMENS 2007-2008 PERFORMING ARTS SEASON
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 Paddock Publication,
Inc. for Hemmens 2007-2008 Performing Arts Season,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
07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 02
Daily Herald
The Hemmens Cultural Center
2007-2008 Performing Arts Season
PROMOTIONAL AGREEMENT
T IS AGREEMENT is hereby made and entered into thiso day
of --) k , 2007, by and between the CITY OF ELGIN, ILLINOIS, a
municipa]1 corporation (hereinafter referred to as "City") and
Paddock Productions, Inc. , parent company of The Daily Herald
newspaper, 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 City with advertising in support of
shows performed -at the Hemmens Cultural Center, commonly known as
"Phil Vassar, Alan Parsons LIVE Project, Rachael Price & TS Monk,
Arlo Guthrie, Herman's Hermits, Big Band Broadcast, Direct from
Vegas, The Turtles, 1964, Chris Korblein, The Nylons, Gaelic Storm,
Davy Jones, Brigid' s Cross, The Ides of March, Sarah Vowell and
Jerry Stiller" (hereinafter referred to as "Sponsored Shows") , with
advertising and promotional support (hereinafter referred to as
"Advertising") . Such Advertising shall be equal in value to not
less than $75, 000 .00.
• 2. City shall provide Paddock with a Full page ad in the
program for the Sponsored Shows.
3. City shall either provide up to two (2) 3' x 6' mutually
agreed upon spaces in The Hemmens' outer lobby at Paddock Sponsored
Shows for signage or project Paddock' s logo in The Hemmens' outer
lobby. Signage shall be provided by Paddock.
4. City shall provide Paddock with an area in The Hemmens'
outer lobby for sponsor promotions during shows which are not
specifically sponsored by other newspapers .
5. City shall provide Paddock with ten (10) tickets for one
performance of each of the Sponsored Shows for Paddock' s use.
6. City shall provide Paddock with logo placement in 100, 000
editions of City's season brochure next to the Sponsored Shows.
07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 03
7 . City shall provide Paddock credit for the Sponsored Shows
in the SPIRIT, Elgin' s quarterly community newsletter.
8 . City shall provide Paddock with logo placement and
hyperlink on the Hemmens ' website next to the Sponsored Shows until
the shows run.
9. City shall provide Paddock with logo placement on all
non-newspaper print advertising done for promotion of the Sponsored
Shows.
10. City shall provide Paddock credit in radio and/or
television advertising and promotion, including credit on City' s
Government Access TV Channels on Comcast and Wide Open West for
Sponsored Shows.
11. City shall provide Paddock credit on City' s *electronic
•
messaging center located at the intersection of Kimball Street and
Grove Avenue in Elgin, Illinois.
12. This agreement shall expire on May 24, 2008 .
• 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. • 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.
16. 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 .
17 . 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.
-2-
07/16/2007 06:24 8474274608 DAILY HERALD: PROMO PAGE 04
18 . 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.
19. This agreement may be terminated by either party hereto
upon thirty (30) days written notice, without liability.
20. 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.
21. 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 P- .aoc • Productions, Inc.
By City 'an.1111111
!111 /i(11f�-M !
/ 4
ahri w"
Attest: Attest: .
,._)„. .2_, :pki.ijAMCA...,
City Clerk
•
•
-3-