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' <br />ADVERTISING PROGRAM AGREEMENT <br />This aagrec.a?tent (the "Aorecnaent") is being entered is t{ 'i ctit October 1? 2009. <br />between the City cal' San Marcos' (the -City') and San Marc(,,, ? icrN [.1 D as Prim <br />Outlets-Stan Marcos GP. L1.C("Prime°"), <br />RECITALS: <br />W111,RE S. Prini is the t..)wn r and operator of the Prime ()utlc:ts in San Marcos, <br />Texas (the "San Marcos llactoa°v St,-a-, .",?, arnct, <br />I VvilERFAS, tl;, Cl?v derives revenues [i-om retail business and tourisin <br />activity in the City-, and. <br />5. in ,rder to en-vrc tl°,e continued success ofthk! S .an Marcos outlet mall <br />area, to tl.lt 1I1 t' z `,tilci ` tt7 the C iv la.}i?1 h.:tail business and tourism <atlvity. and to Increase tlae <br />number ri tc} ,ta\ing in tl-:? t it s hotel and motel facilities, Prime has oi'icred to use its <br />pro cssional idver isiit., s,rvices and efforts to facilitate at join, program ftbe <br />I>a°ca rat a'°) with the City, <br />AGREEMENT <br />NOW `1111Fl Ely(}R_1:, in consideration of the r:iuwal promises and covenants contained <br />in and ,good and valuable consideration, receipt taf ,,,, lii,`- is hereby acknowledged, the parties <br />?t_?t?cc` Lt? ltallca?s. <br />1. Development of Advertising Program. <br />A, ]'nine will taacil°itaale the media pl annitl,! ;and batying for the Program. developed In <br />collaboration with the City toy\ards which City I'Mids :tre to b contributed, in coordination with <br />the City Manager or his <lt iac°e. Prune 7tu to use these funds with its best professional <br />effearts tor the implementation of the Prt}oixn ht promote retail bmi tcss and tourism activity in. <br />the City generally, at atttaict14,it? in the area of the City. and at the San Marcos Factor Stores. <br />The Proararn will include a preliminary a ddvert.isetnent promotion concept.. rnedi:a schedule and <br />advertising plan for the p, t iod from January 1, 2()10, through December 1, 2010 <br />B. Once initial ?J, ? topment of the. Pro(,ram is complete, Prime will prepare a proposal <br />and provide a copy to the Cit. The City Nlanagcr (or designee) will prof isle his <br />comments. char gcs, and objec:tlor , i ' any, can the 1'rr ttt ?? to Prime within teat businesQ 1,11 <br />after receiving the proposed Program, alter which all matters not changed or tahjecled to will he <br />de,etned approved by the City Once the Program i.s approved Prime may execute advertising <br />contracts in accordance with the. Prov-rain. <br />i,;t i A4