Res 1998-196 - Laserfiche WebLink

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SEP-23-8B 15,53 FROM: TANGER SAN MARCOS rD: PAGE 2 ST ATE OF TEXAS COUNTY OF HA YS This agreement is being entered into on this -~. day of October 1998. effective October J, 1998 between the City of San Marcos (the "City") and Tanger Propertíes Limited Partnership ("Tanger"). Tanger is the owner and operator of the Tanger Factory Outlet Center in San Marcos, Tex:as (the "Tanger Outlet Center",) The City derives significant revenues from retail business and tourism activity in the City. In order to ensure the continued success of the Tanger Outlet Center, and to enhance revenue to the City from retail business and tourism activity. the parties agree to conduct an advertising program as follows: I. The Cí1:y agrees to pay Tanger up to $100,000.00 during the period of time from October I, 1998 to September 30, 1999. Tanger agrees to use these funds solely for the payment of advertising to promote retail business and tourism actìvíty in the City generally. at attractions in the area of the City, and at the Tanger Outlet Center. 2. Tanger will submit to the City for prior approval aU of the advertising towards which City funds arc 10 be contributed. Tanger shall deliver to the City Manager at 630 E. Hopkins, San Marcos. Texas a preliminary advertisement/promotion concept. media schedule and advertising plan (collectively caUed the uProgram") for the period of this agreement. The City will have ten days to provide Tanger with changes or objections to the Program. after which all matters not changed or objected lO will be deemed approved by the City. Once the Program is approved by Tanger and the City, Tanger may execute annual advertising contracts in accordance with the Program. Tanger will also submit each proposed advertisement to the City, which the City will have five days to approve. Upon request or Tanger, the City will use its best efforts to respond to proposed advertisements within 48 huurs. due to the time sensitivity of advertising placement. In the event that advcrt.ising expenses are incurred by Tanger, but are not pre-approved by the City. the City will have no obligation to contribute towards the expenses. 3. Tanger agrees to match, doUar-for-doUar, the payments made by the City to 'fanger for advertising expenses incurred by Tanger, up to the sum of$IOO,OOO.OO during the period of this agreement. In lhe event that Tangcr desires to expend funds in excess of$1O0,000,OO to advertise the Tang~r Outlet Center, which is likely, the City will not be obligated to contribute towards those advcrtising expenses, and correspondingly Tanger would have no obligation to gain pre-approval by the City of those particular advertising endeavors. 4. Tanger wiJl pay for all advertising placed under this agreement, and Tanger will -