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HomeMy WebLinkAbout94-147 Resolution No. 94-147 RESOLUTION AUTHORIZING AN AGREEMENT WITH ELGIN CHILDREN'S CHORUS FOR A PERFORMANCE FOR THE ELGIN FINE ARTS FESTIVAL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 'ELGIN, ILLINOIS, that it hereby authorizes Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, to execute an agreement with Elgin Children's Chorus for a performance for the Elgin Fine Arts Festival, a copy of which is attached hereto and made a part hereof by reference. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: June 8, 1994 Adopted: June 8, 1994 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk f f PERFORMANCE AGREEMENT This agreement is entered into this _th day of , 1994, by and between the City of Elgin, Illinois, a municipal cor- poration (hereafter referred to as "City" ) , and Elgin Children' s Chorus, a performing group (hereafter referred to as "Elgin Chil- dren' s Chorus" ) . Now therefore, in consideration of the mutual promises and cov- enants contained herein, the sufficiency of which is hereby acknowl- edged, the parties hereto agree as follows : 1 . Elgin Children' s Chorus shall provide a performance of a concert at the Elgin Fine Arts Festival, located on the lawn south of Hemmens Auditorium in Elgin, Illinois on August 28, 1994, begin- ning at Noon. The performance shall be 50 minutes in duration. 2 . Elgin Children's Chorus shall assume and pay all transpor- tation costs, including, but not limited to air fare and ground transportation, to and from the performance location. 3 . Ticket prices shall be free. 4 . City shall pay to Elgin Children' s Chorus the sum of $100 immediately following the performance on August 28, 1994 . Such sum shall constitute full payment. 5 . This Agreement shall not constitute nor be construed as an employment, joint venture or partnership agreement between the par- ties hereto. 6 . Elgin Children's Chorus shall not conduct any marketing, promotional or other activities related to the event without prior written agreement from the Hemmens Program Coordinator. i 7 . In the event of sickness or of accident to artist, or if a performance is prevented, rendered impossible or infeasible by any act or regulation of any public authority or bureau, civil tumult, strike, epidemic, interruption in or delay of transportation servic- es, war conditions or emergencies or any cause beyond the control of artist, it is understood and agreed that there shall be no claim for damages by performer against City. 8 . Elgin Children' s Chorus represents and warrants that all performing fees and costs shall be paid by the artist, including, but not limited to royalty fees and union dues. 9 . Each provision of this agreement shall be considered sever- able, and if any of the provisions contained herein are determined to be void, illegal or otherwise unenforceable for any reason, the remainder of this agreement shall be valid and enforceable, and shall remain in full force and effect. 10 . This agreement shall be subject to and governed by the laws of the state of Illinois. CITY OF ELGIN, a municipal corporation By City Manager Attest: City Clerk � iv. r ✓P,� J L <2 r�e� Co oration or Artist By rr Title