07-223 Resolution No. 07-223
RESOLUTION
AUTHORIZING EXECUTION OF A PROMOTIONAL AGREEMENT WITH
ACME REFINING, 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 Acme Refining,Inc.
for the 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: September 12, 2007
Adopted: September 12, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
a
Acme Refining
The Hemmens Cultural Center
2007-2008 Performing Arts Season
Bronze Sponsorship
PROMOTIONAL AGREEMENT
THIS AGREEMENT is hereby made and entered into this 6(I day
of A!, i/, •. , 2007, by and between the CITY OF ELGIN, ILLINOIS, a
munici %al corporation (hereinafter referred to as "City") and Acme
Refining, an Illinois corporation (hereinafter referred to as
"Acme") .
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 Acme shall
be listed as a Bronze Sponsor for The Hemmens Cultural Center's
2007-2008 Performing Arts Season (hereinafter referred to as
"Sponsored Season") .
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 . Acme shall provide the City with payment of $3, 000 . 00 US
Dollars.
2 . City shall provide Acme with a '/a page ad in all program
books for Sponsored Season.
3 . City shall provide Acme six (6) tickets to each of six
(6) shows during Sponsored Season.
4. City shall provide The Acme with logo placement and
hyperlink on the Hemmens ' Performing Arts Season webpage during
Sponsored Season.
5 . City shall credit Acme as a sponsor of Sponsored Shows on
Elgin's Government Access TV Channels on Comcast and Wide Open
West.
6 . 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 .
7. 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.
•
8 . 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.
9 . The parties may not assign, transfer, delegate or offer
for resale any of the rights or obligations set forth in this
agreement without the written consent of the other party.
10 . 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.
11 . This agreement may be terminated by either party hereto
upon thirty (30) days written notice, without liability.
12 . In no event shall City be liable for monetary damages,
including, but not limited to, compensatory, consequential or
incidental damages or attorney' s fees, arising from or in any way
related to any breach or other violation of the terms of this
agreement .
13 . This agreement shall terminate on May 24, 2008 .
14 . This agreement is the sole agreement between the parties
hereto regarding this matter. There are no other implied or verbal
agreements between the parties hereto. The terms and provisions of
this agreement may not be modified except by a written agreement
between the parties hereto.
CITY OF ELGIN Acme Refining
B - elti, -- e (/By l3 y ,
City r ager (',h Lee- &(otr1GUo (.O flrn/(.eft
Attest: Attest:
2*//...0t
City Clerk
-2-
■
OF E�
�., Agenda Item No.
e 1t, City of Elgin
August 3, 2007
TO Mayor and Members of the City Council
FROM: Olufemi Folarin, City Manager /matt,.,,, i n rcrc al'd
Randy Reopelle,elle Parks and Reafeation Director ( +lt,rrY'4,p4,r..+„re for,41
SUBJECT: Acme Refining Sponsorship of the 2007-2008 Hemmens Cultural Center
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 Acme Refining for The Hemmens Cultural
Center's 2007-2008 Performing Arts Season.
RECOMMENDATION
It is recommended that the City Council approve the sponsorship agreement with Acme Refining
as presented.
BACKGROUND
The staff of the Hemmens Cultural Center has developed a sponsorship program for City-
sponsored shows in order to enable The Hemmens to bring in high quality performers, offer
competitive ticket prices and broaden the theatre's exposure in the Elgin community and beyond.
To this end, an effort was made to target local and regional businesses for sponsorship
opportunities. Acme Refining has expressed interest in participating by sponsoring the 2007-
2008 Performing Arts Season as referenced above. The main points of the agreement are as
follows:
The Hemmens will provide:
1. One-quarter page ads in the program books for the sponsored season, valued at $500.
2. Six (6)tickets to each of six (6) selected shows, valued at up to $1,800.
3. Acme Refining's logo and a link to their webpage on the Hemmens Performing Arts
Season webpage through the end of the 2007-2008 Performing Arts season.
r
Acme Refining"Bronze" Level Sponsorship of 2007-2008 The Hemmens Cultural Center
Performing Arts Season
August 3, 2007
Page 2
4. Credit as a show sponsor on Elgin's government access Cable TV channels.
Acme Refining will provide:
1. Remuneration to the City totaling $3,000.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None
F NANCIAL IMPACT
The sponsorship agreement stipulates that the City will provide Acme Refining with tickets and
program advertising totaling up to $2,300. Acme Refining will provide $3,000 to the City which
will be credited to the Parks and Recreation Fund, account number 296-0000- 605.51-06.
LEGAL IMPACT
MAdone
ALTERNATIVES,
1. The Council may choose to approve the sponsorship agreement with Acme Refining.
2. The Council may choose not to approve the sponsorship agreement with Acme Refining.
Respectfully submitted for Council consideration.
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