HomeMy WebLinkAboutResolution - 2003-R0132 - Naming Agreement With Alon USA, L.P - 03_27_2003Resolution No. 2003-R0132
March 27, 2003
Item No. 39
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock an Agreement with Alon
USA, L.P., entitled "Crossroads in Time Sculpture Garden Naming Agreement" and all
related documents. Said Agreement is attached hereto and incorporated in this
Resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this 27th day of March
UGAL. MAYOR
ATTEST:
J
Rebecca Garza, City Secretary
APPROVED AS T CO TE T:
C4�
Corbin Pemberton, Community rojects Manager
APPROVED AS TO FORM:
_�tiM1 -�\ j.,.�� ��� ! ..�.... J i'sZ�--Y•'1 +tom/i1'��............
Linda L. Chamales, Supervising Attorney
Office Practice Section
City att / Linda / Res - Alon USA
Resolution No. 2003-RO132
March 27, 2003
Item No. 39
CROSSROADS IN TIME SCULPTURE GARDEN
NAMING AGREEMENT
CROSSROADS IN TIME SCULTURE GARDEN NAMING AGREEMENT effective
as of this 27th day of March , 2003, by and between the City of Lubbock, a
corporate body politic of the State of Texas (the "City") and Alon USA, LP, a Texas
limited partnership ("Naming Sponsor").
WHEREAS, the City Council of the City of Lubbock was authorized in a Capital
Improvements Bond Election, September 18, i999, by the citizens of Lubbock to issue
general obligation bonds of the City in the principal amount of $14,765,000 for
permanent public improvements and public purposes to acquire or improve, or both
land for park purposes; and
WHEREAS, one of the proposed public improvement projects for the park
presented to the voters at that time was the development of an amphitheatre in
Mackenzie Park; and
WHEREAS, the Millennium Advisory Committee, created by the City Council of
the City of Lubbock December 9, 1999, was tasked with recommending ways in which
the new amphitheater could become a world class, multi -dimensional facility that meets
the needs of numerous user groups and celebrates the new millennium by reflecting the
art, architecture, heritage, and history of Lubbock and the Llano Estacado; and
WHEREAS, the Committee, choosing "Crossroads in Time" as its theme and
working with a local architecture firm and a local artist to develop a concept, secured
funding for and recommended as a project a unique Sculpture Garden that will reflect
Lubbock's rich history and heritage; and
WHEREAS, the Sculpture Garden is scheduled to be installed in November 2003,
and City desires to grant the Naming Rights for this project described herein to Naming
Sponsor, and Naming Sponsor desires to acquire the Naming Rights from City, all as
hereinafter described in more detail, and for the consideration set forth herein.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
intending to be legally bound, the parties agree as follows:
i. Definitions. The following capitalized terms will have the meaning indicated:
"City" means the City of Lubbock, Texas
"Naming Rights" means the rights granted by City to Naming Sponsor
hereunder with respect to the naming of the sculpture garden, as described in
Section 6.
"Naming Sponsor" means Alon USA, LP.
"Naming Sponsor Fee" means the amount which Naming Sponsor has agreed
to pay for the Naming Rights, as set forth in Section 3.
"Sculpture Garden Name" means "FINA / ALON USA Crossroads in Time
Sculpture Garden".
2. Term
This agreement shall, unless sooner terminated in accordance with the
provisions set forth elsewhere in this Agreement, be effective on the date
hereof and shall continue for a period of thirty (30) years or so long as the City
continues to operate the Sculpture Garden, whichever is less.
3. Naming Sponsor Responsibilities
Naming Sponsor agrees to acquire the Naming Rights granted hereunder for
the period from the date hereof until the City no longer operates the outdoor
Amphitheatre and Sculpture Garden in Mackenzie Park. In consideration for
such rights, Naming Sponsor agrees to pay to City for construction costs of the
Amphitheatre and for sponsorship of the fundraiser gala referenced in item
(b) below, One Hundred Fifty Thousand Dollars ($150,000.00) per the
following schedule:
(a) Fifty thousand dollars ($50,000.00) to be paid upon the official
opening of the sculpture garden which is anticipated to be
November, 2003;
(b) Fifty thousand dollars ($50,000.00) paid by January 15, 2004,
after a fundraiser gala (described in the attached Exhibit 1) to be
held prior to January 1, 2004; and
(c) Fifty thousand dollars ($50,000.00) to be paid upon the official
opening of the amphitheater.
4. City Responsibilities
(a) City will install a sculpture garden, substantially in accordance with
the design attached as Exhibit 2, at the site of the historic County
Precinct Building on East Broadway, which is the entrance to the
soon to be constructed outdoor amphitheatre in Mackinzie Park;
(b) City will provide support services for the fundraiser gala described
in Exhibit 1; support services, promotions, products and collateral
materials for the grand opening event for the sculpture garden; and
Naming Sponsor name recognition status at the opening of the
amphitheater;
PAGE 2of12
(c) City will operate the Sculpture Garden in good working order and in
a clean, sanitary and safe condition in accordance with all
applicable laws, ordinances and regulations;
(d) As funding is available, City will continue to develop Mackenzie
Park with the Centennial Project that will graphically interpret
Lubbock's rich history and heritage, including working toward
locating the 4th U.S. Cavalry Regiment Memorial re-enactment
group at the Outdoor Center and the locating of an Agricultural
Heritage Museum in Mackenzie Park to prominently display a
collection of rare and antique farm implements.
5. Trademarks and Licensing
(a) Naming Sponsor warrants that it is a licensed user of the marks "ALON
USA" and " FINA" for petroleum products and associated goods and
services (the "Designated Products.") Naming Sponsor's marks,
business name and logos (the "Marks") are famous, enjoy very
substantial and favorable public acceptance, and represent invaluable
goodwill to Naming Sponsor. Naming Sponsor shall be the owner of
the Sculpture Garden Name and any logo, trademark, service mark,
trade name or other identifications of the Sculpture Garden that
incorporates any portion of the Marks or Sculpture Garden Name that
may be hereafter developed (collectively, the "Sculpture Garden
marks").
(b) City acknowledges that Naming Sponsor is the sole owner of the Marks
and the Sculpture Garden Marks, and that all goodwill relating to the
Marks and the Sculpture Garden Marks shall be and remains the sole
and exclusive property of Naming Sponsor. City does not and shall not
have any right, title, interest or claim of ownership in the Marks or the
Sculpture Garden Marks, except for the license granted to them under
this agreement. City agrees to use the Sculpture Garden Marks only in
accordance with the terms of this Agreement. City agrees not to use
the Sculpture Garden Marks in an altered or modified form, not to
misuse the Sculpture Garden Marks, and not to bring the Sculpture
Garden Marks into disrepute.
(c) Naming Sponsor hereby licenses City to use and authorizes City to
sublicense others to use the Sculpture Garden Marks, and to
subcontract others to manufacture products incorporating or bearing
the Sculpture Garden Marks, and to subcontract others to manufacture
products incorporating or bearing the Sculpture Garden Marks, for
Sculpture Garden supplies, furniture, and equipment, novelties,
souvenirs, publications and other products used in the operation of the
Sculpture Garden, the promotion of City, the Amphitheatre, and the
Sculpture Garden, such products being of the types listed on Exhibit 3,
attached hereto and incorporated as if fully set forth herein, or as may
PAGE 3 of 12
be approved from time to time by Naming Sponsor. All of such
products may be used, consumed, or given away or may be sold or held
for sale. This license shall be a non-exclusive license to City. City shall
not be obligated to pay or to cause any sublicense to pay any royalty or
other fee to Naming Sponsor with respect to any such use.
(d) Naming Sponsor will negotiate with City on the terms of the standards
for the use of the Sculpture Garden Marks. Naming Sponsor shall have
the right to supplement or change the standards for the use of the
Sculpture Garden Marks from time to time upon agreement by City.
City agrees that it will use the Sculpture Garden Marks in accordance
with the terms of this agreement and such standards. City further
agree that in sublicensing the use of the Sculpture Garden Marks it will
i). Not sublicense the use of the Sculpture Garden Marks other than in
accordance with this agreement;
ii) Make reasonable efforts to choose sub licensees who are financially
and by experience likely to meet the standards then in effect, to
comply with the terms of such sublicense, not to use the marks
other than in connection with licensed products and to follow in all
material respects any graphics guidelines as to color and display of
those marks; and
iii) In the event that they become aware that a sub licensee has violated
the terms of its sublicense or has violated the rights of Naming
Sponsor in the Marks or the Sculpture Garden Marks, notify the sub
licensee that it must cease and desist from such violation, and
thereafter, if such violation is not terminated, cooperate with
Naming Sponsor to obtain compliance; and
iv) In the event that Naming Sponsor notifies City that a sub licensee is
using a Mark, or the Sculpture Garden Name in a manner that it
does not want the Mark or the Sculpture Garden Name to be used,
whether or not such use is in accordance with the terms of a
sublicense or does not violate the terms of this Agreement, City will
make reasonable attempts to obtain the agreement of sub licensee
to cease use of the Mark or the Sculpture Garden Name in such a
manner.
(v) The Naming Sponsor agrees and understands that the City must
comply with all federal and state laws in granting a sublicense to a
potential sub license. Nothing in this agreement prohibits the City
from granting a sublicense in accordance with federal and state law.
(vi) Unless otherwise agreed, neither party shall have the right to use in
any way the corporate or trade name(s), trademark(s), service
PAGE 4 of 12
mark(s), logo(s) or other identifications of the other parry or its
affiliates without the other parry's prior written consent.
6. Naming Rights.
The City grants to Naming Sponsor, subject to the terms and conditions hereof,
the Naming Rights described in this Section.
(a) Naming Sponsor shall have the right to designate the name of the
Sculpture Garden (the "Sculpture Garden Name"). Naming Sponsor
has designated "FINA / ALON USA Crossroads in Time Sculpture
Garden" as the Sculpture Garden Name. City shall cause the name of
the Sculpture Garden to be so designated and will not employ
nicknames or encourage others to employ nicknames or other names
for the Sculpture Garden.
(b) Naming Sponsor shall have the right, subject to approval by the Zoning
Board of Adjustment of the City of Lubbock when required, to have the
Sculpture Garden Name and/or the Sculpture Garden Marks on all
signage identifying the Sculpture Garden.
7. Future Name Change.
(a) Naming Sponsor agrees that it shall have no right to change the
Sculpture Garden Name except as provided herein. During the
entire term of this A#ftrfient, Naming Sponsor shall have the right
to cause the natht of the Sculpture Garden to be changed once in
compliance with all the terms of this Section. In order to change
the name of the Sculpture Garden, Naming Sponsor shall notify
City that it desires to change the name of the Sculpture Garden and
disclose the new name. City shall not unreasonably withhold
approval of the new name if the following conditions are satisfied:
(i) The new name may only be the brand name under which
Naming Sponsor, or its successor in interest, actively
markets the Designated Products, or a significant portion
thereof, then being marketed by Naming Sponsor or its
successor in interests.
GO The new name cannot be of a nature which would seriously
offend the reasonable sensibilities of the public at large, or
which would violate Federal, state or local law.
(b) In any other circumstances in which the conditions of Section 7(a)
are not satisfied, either because the name has already been changed
PAGE 5 of 12
once or the name chosen does not satisfy the above criteria, or for
any other reason, City will consider requests by the Naming
Sponsor to change the name. However, Naming Sponsor
acknowledges that the continuity of the name of a facility such as
the Sculpture Garden, once it has been established is of primary
importance and that consent to change is not likely to be granted.
(c) If City consents, it agrees to evidence its consent in writing within
forty-five days and promptly submit all necessary requests for the
approval of all governmental agencies whose approval is necessary
at such time.
(d) In the event that Naming Sponsor proposes to change the Sculpture
Garden Name, Naming Sponsor agrees that it will be solely
responsible for all costs and expenses that may be incurred by City,
or of y of its affiliated entities as a result of such change.
(e) If the Sculpture Garden Name is changed, the new name shall
become the Sculpture Garden Name for all purposes of this
Agreement from that day forward, including, without limitation, the
licenses granted hereunder to use the Sculpture Garden Name.
8. Termination
(a) Upon the termination of this Agreement, the licenses granted under
this Agreement shall immediately terminate, and City and its
respective sublicenses shall cease to use the Sculpture Garden Marks,
including, but not limited to, the making of necessary physical
changes to the Sculpture Garden and its components and the
discontinuance of the use of promotional materials then on hand. In
the event of a termination under paragraph (b) below, City shall have
a reasonable time, not to exceed ninety (go) days, in which to comply
with the foregoing sentence. During the period prior to termination
or expiration of this Agreement, the parties will each comply with all
of the requirements of the Agreement.
(b) The following shall constitute "Naming Sponsor Defaults."
(i) Failure to make payment of the fee required in Paragraph 3
upon execution of this Agreement;
(ii) Naming Sponsor fails to comply with any obligation of Naming
Sponsor set forth in this Agreement other than the failure to
make payment, including any representations and warranties of
Naming Sponsor under this Agreement, and such failure shall
continue for a period of thirty (3o) days after written notice to
Naming Sponsor; or
PAGE 6 of 12
(iii) Naming Sponsor makes an assignment for the benefit of
creditors, or a trustee, receiver or similar officer of any court is
appointed for Naming Sponsor or for a substantial part of its
property, whether with or without its consent, or an action for
bankruptcy, composition, reorganization, insolvency or
liquidation proceedings is instituted by or against Naming
Sponsor, if such proceedings shall not be dismissed within sixty
(6o) days from the date of the institution thereof.
(c) In the event of the occurrence of a Naming Sponsor Default, City
shall have the right, if such failure is material, to cause this
Agreement to end on a date designated in such notice, which date
may be not less than thirty days after the date of such notice.
(d) In the event that this Agreement terminates due to Naming Sponsor
Default, Naming Sponsor shall, in addition to any other damages for
which it may be held liable, be obligated to pay all costs, losses and
expenses incurred by City in complying with the provisions of Section
8(a), including but not limited to the cost of removing all signs and
disposing of other displays and materials containing the Sculpture
Garden Marks and the cost of any materials containing the Sculpture
Garden . Marks which must be discarded as a result of the
termination. The City shall retain ownership of the all signage
materials upon termination of this Agreement.
(e) The following shall constitute "City Defaults."
(i) If City fails to comply with any of its obligations under this
Agreement, and such failure shall continue for a period of thirty
(3o) days after notice thereof to City from Naming Sponsor; or
(ii) As a result of a Force Majeure, City fails to reopen the
Sculpture Garden for normal operations for a period of six (6)
consecutive months.
(f) In the event that the City discontinues use of the Sculpture Garden,
this Agreement shall terminate immediately and all rights and
responsibilities of the parties granted by that portion shall terminate
immediately. If this occurs within the first five years, City shall
return the money on a pro rata basis, one -fifth for each year
remaining in the five-year period.
(g) Should this agreement or any provision hereof violate any federal or
state law or regulation, the parties shall then negotiate in good faith
to modify this Agreement to the extent reasonably necessary to bring
about compliance with such law, rules; provided, however, that if
PAGE 7of12
such modification would cause this Agreement to fail in its essential
purpose or purposes, or the parties are unable to reach agreement
after negotiating in good faith, either Naming Sponsor or City may
elect to terminate this Agreement.
(h) In the event that a party is successful in a court of competent
jurisdiction in obtaining legal or equitable relief from a default by
another party, the successful party shall be entitled to recover the fees
and expenses of its counsel in such proceedings.
9. Limitation on Assignment
ment
(a) Subject to the terms and conditions of this Section, this Agreement
and all of the terms and provisions hereof will be binding upon,
enforceable against, and will inure to the benefit of, the parties hereto
and their respective successors and assigns.
(b) Naming Sponsor shall have the right to assign this Agreement, in
whole but not in part in a transaction in which all or substantially all
of its assets, or all or substantially all of its business in the Designated
Products are acquired by the assignee. If assignment of this
Agreement is made pursuant to this Section, it shall not include the
right to change the Sculpture Garden Name, other than specifically in
accordance with the provisions of Section 7 hereof. It shall be a
condition precedent to any such assignment and transfer that the
assignee specifically assume all of the liabilities and obligations of the
Naming Sponsor hereunder, and that the Naming Sponsor and the
assignee execute and deliver to City such assignments, assumptions,
and other documents as City reasonably requests to evidence such
transactions and the assumptions. For purposes of defining an
assignment under this paragraph, no exchange or trade of shares in
stock, other than those resulting in a material change of control, shall
be deemed to effect an assignment of this Agreement. "Control" for
this definition shall be defined as holding at least a majority of voting
power or operating control.
io. Independent Contractor
The parties shall be and act as independent contractors, and under no
circumstances shall this Agreement by construed as one of agency,
partnership, joint venture or employment between the parties. The parties
shall each be solely responsible for the conduct of their respective
employees, agents and contractors in connection with the performance of
their obligations hereunder.
PAGE 8of12
11. Indemnification
To the extent permitted by law, City agrees to indemnify, protect and hold
harmless Naming Sponsor and its affiliates, and each of their respective
directors, officers, employees and agents from and against any and all
claims, demands, losses and causes of action of every kind and character,
including the costs of defense thereof, from injury to persons (including
death) and any loss of or damage to property occurring at or in connection
with the Sculpture Garden, excepting those claims, demands, losses and
causes of action arising out of the negligence of Naming Sponsor or its
agents.
12. Notices
All notices, offers, consents or other communications required or
permitted hereunder shall be in writing and shall be deemed duly given if
delivered personally or by messenger or if sent by certified mail, postage
fully prepaid, addressed to the appropriate address set forth below, or to
such other person or address as either party may designate by notice to the
other party given as herein provided:
If to Naming Sponsor:
Alon USA, LP
7616 LBJ Frwy, Suite 300
Dallas, Texas 75251-1100
Attention: Jeff Morris, President and CEO
If to City:
The City of Lubbock
PO Box 2000
Lubbock, Texas 79457
Attention: Corbin Pemberton,
Community Projects Manager
13. Representations and Warranties
(a) Naming Sponsor represents, warrants and covenants to the City as
follows:
PAGE 9 of 12
0) It has the frill right and legal authority to enter into and fully
perform this agreement in accordance with its terms.
(ii) This Agreement, when executed and delivered by Naming
Sponsor, will be its legal, valid and binding obligation
enforceable against Naming Sponsor in accordance with its
terms, except to the extent that enforcement thereof may be
limited by bankruptcy, or other similar laws affecting creditors'
rights generally.
(iii) The execution and delivery of this Agreement has been duly
authorized by Naming Sponsor, and such execution and delivery
and the performance by Naming Sponsor of its obligations
hereunder do not and will not violate or cause a breach of any
other agreements or obligations to which it is a parry or by
which it is bound, and no approval or other action by any
governmental authority or agency is required in connection
herewith.
(iv) Each of the foregoing representation, warranties and covenants
shall be true at all times during the term hereof. Naming
Sponsor acknowledges that each of such representations,
warranties and covenants are deemed to be material and have
been relied upon by City notwithstanding any investigation
made by City.
(b) City represents, warrants and covenants to Naming Sponsor as
follows:
(i) It has the full right and legal authority to enter into and fully
perform this Agreement in accordance with its terms.
(ii) It has the right to grant the Naming Rights to Naming Sponsor.
(iii) This Agreement, when executed and delivered by the City, will
be its legal, valid and binding obligation, enforceable against the
City in accordance with its terms, except to the extent that
enforcement thereof may be limited by bankruptcy, insolvency,
or other similar laws affecting creditors' rights generally.
(iv) The execution and delivery
authorized by the City and
action by any governmental
connection herewith.
of this Agreement has been duly
no additional approval or other
authority or agency is required in
(v) Each of the foregoing representations, warranties and covenants
shall be true at all times during the term hereof. City
PAGE 10 of 12
acknowledges that each of such representations, warranties and
covenants are deemed to be material and have been relied upon
by Naming Sponsor notwithstanding any investigation made by
Naming Sponsor.
14. Compliance with the Law
Whenever possible, each provision of this Agreement shall be interpreted
in such manner as to be effective and valid under applicable law, but if any
provision of this Agreement or the application thereof to any party or
circumstance is prohibited by or invalid under applicable law, that
provision shall be effective only to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the
remaining provisions of this Agreement or the application of such
provision to other parties or circumstances.
15. Failure to Object Not a Waiver
The failure or delay of either party to object to, or to take affirmative
action with respect to, any conduct of the other party which is in violation
of any of the terms or provisions of the Agreement, or to exercise rights or
powers under this Agreement, shall not be construed, taken or held to be a
waiver of any default _ or acquiescence therein, or to impair the right or
power or to waive any other default or any future breach of any such term
or provisions or of any other wrongful conduct.
16. Governing Law
This Agreement will be deemed to have been executed and delivered in the
State of Texas and will be construed and interpreted according to the laws
of that State.
17. Entire Agreement: Amendments
This Agreement constitutes the entire understanding and agreement
between the parties with respect to the Naming Rights and supersedes any
and all prior negotiations, understandings or agreements in regard hereto,
including any prior agreements. This agreement may be amended only by
written instrument signed by the parties hereto, specifically referring to
this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by
their duly authorized representatives on the date first above written, and each of the
individuals executing this Agreement certifies that he or she is duly authorized to do so.
PAGE 11 of 12
TUP OTT'V (1F T TTRTZr)0 -
1�
Alon USA, LP
By: Alon USA GP, LLC,
Its general partner
By:
Harlin Dean, Secretary and
General Counsel
ATTEST: -D,
Reb cca Garza, City Secretary
APPROVED AS TO CQN7 7ENT:
Corbin Pemberton, Comr aunity Projects
Manager
APPROVED AS TO FORM:
_ s
Linda L. Chamales, Supervising Attorney
Ucityatt/linda/Sculpture Garden Naming Rights Agreement-Alon.doc
PAGE 12 of 12
Exhibit 1
Pursuant to Section 3 of the attached Naming Rights Agreement, ALON USA, LP
("ALON") will pay $50,000 to sponsor a gala fundraiser, which will serve as a kick-off
event for the community art project and tie-in to the opening of the sculpture garden. The
purpose of the event is to generate awareness for the art project and the company's
support of the City's "Crossroads in Time" sculpture garden and Amphitheater. Proceeds
from the event would be contributed to the City's Amphitheater project.
This event will be held prior to January 1, 2004. The gala will include, but not be limited
to the following: A dinner, cash bar, live music, display of art, and a program consisting
of speakers involved with the community art project, the "Crossroads in Time" project
and the Amphitheater.
In exchange for $50,000, the City Of Lubbock will coordinate the following:
o Secure the venue. Possible venues include the Texas Tech Museum (first choice)
or the Civic Center (second choice).
o Secure any related in -kind services (ie. graphic design, printing invitations;
entertainment; catering; decorations; on -site staffing etc.)
o Provide free ad space, where possible, to promote the gala (ie. PSA time on TV and
radio) and seek out in -kind donation of print promotions including billboards and
newspapers.
o Provide staffing to help coordinate the event with ALON's Public Relations
agency, NorthStar Communications.
o Provide mailing lists for invitations for the gala.
o Provide RSVP mechanism (ie. local phone number/address/table assignments).
o Help coordinate a group of community leaders/business people to serve as the
committee that is responsible for generating gala participation.
o Coordinate volunteers to solicit participation for the event (ie. phone calls,
additional mailings/emails, etc.)
o Secure Mayor and City Council Members participation in the gala event.
o Help coordinate a press conference to announce the gala with Mayor/ Council
Member participation
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EXHIBIT 2
The stelae (des 1,2, and 3)
The Llano Estacado relief anti canyon awk)olt (theme 41
EXHIBIT 2
Plow and Fend (themes 5 and 6)
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Vortex (theme 7)
Gateway Family Photo Albums (themes Sr 9, f 0, and f f ):
Exhibit 3
Potential Convention and Tourism Uses of the Name "FINA / ALON USA CROSSROADS IN
TIME SCULPTURE GARDEN" by the City of Lubbock or Convention and Visitors Bureau as
part of a facility name include, but are not limited to:
Electronic Advertising
EX: Television
Radio
Web -site
Print Advertising
Trade Publications
EX: Facilities & Event Management
Aud-Arena Guide
Trade Show Weekly
Billboard
Pollstar
Amusement Business
TSAE Directory and publications
Chamber of Commerce publications
Newcomers Guide
Other Facility Directories
Group Tour Manual
Meeting Planners Guide
Travel/Tourism/Special Interest Publications
EX: Texas Highways
Texas Monthly
Southern Living
Midwest Living
Adventure Road
West Texas Travel Guide
Southwest Spirit
Other Airline on -board publications
Telephone Directories
Local Newspapers
Area Newspapers
Exhibit Booth Display to promote use of facility
Other Local, National and International Magazines, Newspapers and Printed
Publications
Exhibit 3 — Page 1
Facility Brochure
Schedule of Events
Outdoor/Indoor Electronic Message Centers
Signage on the facility itself
Concession Stands/Menus
Drinking Cups
Facility Souvenir and Promotional Items
Event Programs
Dedication Plaque
Invitations to performances, receptions or events
Notepads
Banners, both interior and exterior
Advertising placed by Promoters/Lessees:
The facility has no control over which media and/or publications that Promoters/Lessees use to
advertise an event at the facility. The advertising would include both electronic and print
advertising, posters, flyers, tickets, or anything that would identify the name of the facility as the
location of the event.
Exhibit 3 Page 2