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07-213 Resolution No. 07-213 RESOLUTION AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH EUCLID BEVERAGE LTD. 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 Euclid Beverage Ltd. 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: August 22, 2007 Adopted: August 22, 2007 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk 07/1&/2007 WED 7:51 FAX 630 801 4111 EUCLID BEVERAGE,LTD 001/002 8'577 9Y/- 5%�/o Eudlid Beverage The Hemmens Cultural Center 2007-2008 Performing Arts Season PROMOTIONAL AGREEMENT TH S AGREEMENT is hereby made and entered into this /�' day of T , 2007 , by and between the CITY OF ELGIN, ILLINOIS, a mun3.cipa corporation (hereinafter referred to as "City") and Euclid Beverage Ltd. , of North Aurora, Illinois, a Delaware corporation (hereinafter referred to as "Euclid") . WHEREAS, Ci•:y owns and operates a theater commonly known as the Hemmens Cultural Center; and WHEREAS, th parties hereto have each determined it to be in their best interests to enter into an agreement by which Euclid shall be listed as a sponsor for the aforementioned Hemmens Cultural Center. NOW, THEREFORE, in consideration of the mutual promises and covenants conta:.ned herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows; 1. Euclic, shall pay City the sum of $15,000 on or before July 13, 2007. 2. In addition to the $15, 000 provided for in paragraph 1 herein, Euclid shall provide City with free advertising and on-site marketing equal to not less than $15,000 in value between June 1, 2007 and May 2::, 2008 at commercially reasonable values in the industry as rea:;onably determined by Euclid. 2. City shall provide Euclid with a full page ad in all program books far the 2007-2008 season. 3. City shall provide up to two (2) 3' x 6' mutually agreed upon spaces in The Hemmens' outer lobby at Sponsored Show for signage. Signage shall be provided by Euclid. 4 . City shall provide Euclid with six(6) tickets for six (6) shows during City' s 2007-2008 Season of Euclid's choosing, with the exception of "1964", for Euclid use. 5. City shall provide Euclid with logo placement in 100,000 editions of City's season brochure. 6. City shall provide Euclid credit in the SPIRIT, Elgin' s quarterly community newsletter. • 7 . City shall provide Euclid with logo placement and hyperlink on tie Hemmens' website. 07/19/2807 WED 7:52 FAX 630101 4111 EUCLID BEVERAGE,LTD g00z/UOG 8. City shall provide Euclid with logo placement on all print advertisinc done for promotion of the Sponsored Show. 9. City :hall provide Euclid credit in radio and/or television advertisements and announcements, including credit on City' s Government Access TV Channels on Comcast and Wide Open West for Sponsored Show. 10. This aqreement shall expire on May 24, 2008. 11. This a;reement 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. 12. 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 agreemer..t shall remain in full force and effect. 13. This zgreement 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. 14. This agreement may be terminated by either party hereto upon thirty (30) days written notice, without liability. In no event shall City be liable for monetary damages for any reason, including, but not limited to, compensatory, consequential or incidental dama;e or attorney's fees. 15. 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. 16. 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 Eudlid Beverage arital"" BY titlh ' e, By Ci -""r' age:_ Atte- : Attest: -2- el<0OFEtC `'."0 '" Agenda Item No. City of Elgin g July 6, 2007 � r$ c -== TO Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager. f ~' Randy Reopelle,elle, Parks and Recteation Director SUBJECT: Euclid Beverage/Miller Brewing Sponsorship of The Hemmens Cultural Center 2007-2008 Performing Arts Season PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a sponsorship agreement with Euclid Beverage/Miller Brewing for The Hemmens 2007-2008 Performing Arts Season. RECOMMENDATION It is recommended that the City council approve the sponsorship agreement with Euclid Beverage/Miller Brewing as presented. BACKGROUND The staff of The Hemmens Cultural Center has developed a sponsorship program for City sponsored shows. The goal of the sponsorship program is to enable the Hemmens to bring in high quality performers, offer competitive ticket prices, and broaden the theatre's exposure in the community and beyond. To this end, an effort was made to target local and regional businesses for sponsorship opportunities. Euclid Beverage/Miller Brewing has again expressed interest in participating by sponsoring The Hemmens 2007-2008 Performing Arts Season. The main elements of the sponsorship agreement are as follows: 2007-2008 Performing Arts Season Sponsor Hemmens Cultural Center will provide: 1. Prominent placement of the Euclid Beverage/Miller Brewing logo in 100,000 brochures of The Hemmens' 2007-2008 Performing Arts Season, distributed to The Hemmens' subscriber mailing list and to venues throughout the area. erg Euclid Beverage/Miller Brewing Sponsorship of The Hemmens Cultural Center 2007-2008 rik Performing Arts Season July 6, 2007 Page 2 2. A full-page Euclid Beverage/Miller Brewing ad in program books for all Hemmens 2007- 2008 Performing Arts Season shows, valued at $1,500. 3. The Euclid Beverage/Miller Brewing logo on all print advertising and tagline for all radio advertising for each Hemmens 2007-2008 Performing Arts Season show. 4. Up to six (6) tickets to six (6) Hemmens 2007-2008 Performing Arts Season shows for Euclid Beverage/Miller Brewing to use. Valued at up to $1,800. 5. Logo and link (if applicable) on Hemmens' Performing Arts Season webpage for 2007- 2008 Performing Arts Season. 6. Recognition as a season sponsor in all television advertising, including on Elgin's government access Cable TV channels. 7. Space for signage in lobby of the Hemmens Center the night of each show. Euclid Beverage/Miller Brewing will provide their own signage for display and will have exclusive beer-related products signage rights. Euclid Beverage/Miller Brewing will provide: 1. Euclid Beverage/Miller Brewing will provide the City with $15,000 on or before August 11, 2007. 2. Promotional support in the form of advertising and on site marketing equal to, not less than$15,000 in value for the 2007-2008 Performing Arts Season. This agreement is the same as the agreement for the 2006-2007 Season except for a reduction in the number of tickets provided. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None CiyENANCIAL IMPACT The sponsorship agreement with Euclid Beverage/Miller Brewing stipulates that the City will provide tickets and program advertising totaling a value of up to $3,300 to Euclid Beverage/Miller Brewing. Euclid Beverage/Miller Brewing will provide the sum of$15,000 as well as $15,000 in advertising and promotional support. Euclid Beverage/Miller Brewing Sponsorship of The Hemrnens Cultural Center 2007-2008 Performing Arts Season July 6, 2007 Page 3 L GAL IMPACT None ALTERNATIVES 1. The Council may choose to approve the sponsorship agreement as presented. 2. The Council may choose not to approve the sponsorship agreement as presented. Respectfully submitted for Council consideration. bw attachment r r