Res 2006-216 - Laserfiche WebLink

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ADVERTISING PROGRAM AGREEMENT This agreement (the "Agreement"} is being entered into effective October 1, 2006, between the City of San Marcos (the "City"), Tanger Properties Limited Partnership ("Tanger"), San Marcos Factory Stores, Ltd. and Prime Outlets-San Marcos GP, LLC ("Prime"), and the San Marcos Area Chamber of Commerce (the "Area Chamber"). RECIT ALS 1. WHEREAS, Tanger is the owner and operator of the Tanger Factory Outlet Center in San Marcos, Texas (the "Tanger Outlet Center"), and Prime is the owner and operator of Prime Outlets at San Marcos in San Marcos, Texas (the "Prime Outlets"); and 2. WHEREAS, the City derives significant revenues from retail business and tourism activity in the City; and 3. WHEREAS, the City provides funding to the San Marcos Area Chamber of Commerce to promote the tourism industry in the City; and 4. WHEREAS, in order to ensure the continued success of the San Marcos outlet mall area, and to enhance revenue to the City from retail business and tourism activity, Tanger and Prime have offered to use their professional services and efforts to facilitate a joint advertising program (the "Program") with the City and the Area Chamber. 5. WHEREAS, the Program will be the result of the combined efforts, resources and input of the four participants involved in the Program. AGREEMENT NOW THEREFORE, in consideration of the mutual promises and covenants contained herein and good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Development of Advertising Program. A. Tanger will facilitate the media planning and buying for the Program, developed in collaboration with the City and Prime, towards which City funds, Area Chamber funds (provided by the City) and Prime funds are to be contributed, in coordination with the City Manager, the Area Chamber's Convention and Visitors Bureau Director (the "CVB Director"), and the Marketing Manager of Prime. Tanger agrees to use these funds with its best professional efforts for the implementation of the Program to promote retail business and tourism activity in the City generally, at attractions in the area of the City, and at the Tanger and Prime outlet malls. The Program will include a preliminary advertisement/ promotion concept, media schedule and advertising plan for the period from the date of this Agreement through December 31, 2007. B. Once initial development of the Program is complete, Tanger will prepare a proposal and provide a copy to the City Manager, to the CVB Director at 202 C.M. Allen Parkway, San 1