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HomeMy WebLinkAbout02-136 Resolution No. 02-136 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH OUTSIDE EXHIBITION GROUP FOR THE UNITED STATES FLAG SCULPTURE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute an Amendment Agreement on behalf of the City of Elgin with Outside Exhibition Group for the United States Flag Sculpture Project, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: April 10 , 2002 Adopted: April 10, 2002 Omnibus Vote : Yeas : 6 Nays : 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk • AMENDMENT AGREEMENT THIS AMENDMENT AGREEMENT made and entered into this 10th day of April , 2002 , by and between the CITY OF ELGIN, a municipal corporation (hereinafter referred to as the "City") and the OUTSIDE EXHIBITION GROUP, an Illinois not-for-profit corporation (hereinafter referred to as "OEG" ) . WHEREAS, the City and OEG have previously entered into an agreement dated August 27, 2001, whereby OEG would provide for the construction and conveyance to the City of a United States Flag Sculpture to be constructed on the City-owned Walton Island (such agreement dated August 27, 2001, is hereinafter referred to as the "Agreement" ) ; and WHEREAS, the City and OEG have determined that it is necessary and desirable to make certain amendments to the Agreement . NOW, THEREFORE, for and in consideration of the mutual . promises and undertakings contained herein, and the mutual promises and undertakings contained in the Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That the Agreement between the City and OEG dated August 27, 2001, be and is hereby amended as follows : A. Paragraph 3 of the Agreement is hereby amended to read as follows : "3 . That the City agrees to contribute to OEG the difference between the costs for the United States Flag Sculpture Project and the amount of money raised by OEG in OEG' s fund raising efforts for the United States Flag Sculpture Project, provided however, it is agreed and understood that notwithstanding the foregoing the City' s contribution for costs associated with the United States Flag Sculpture Project is capped at $75, 000 and shall in no event exceed $75, 000 . OEG agrees to use all monies received from the City solely and only for the United States Flag Sculpture Project . " B. That paragraph 9 of the Agreement is hereby amended to read as follows : "9 . That OEG shall provide quarterly written reports to the City detailing its fund raising efforts for the proposed United States Flag Sculpture Project . Such quarterly reports shall be provided to the City on March 31, June 30, September 30 and December 31 of each year until OEG has completed the United States Flag Sculpture and conveyed same to the City. Such reports detailing OEG' s fund raising efforts for the proposed United States Flag Sculpture Project shall include the names of all contributors, the amount of each contribution and the date of each contribution. OEG shall also provide a final written report to the City within sixty (60) days following the completion and conveyance to the City of the United States Flag Sculpture. Such final written report shall provide a final accounting of all costs and expenses incurred for the United States Flag Sculpture Project and a final accounting of all fund raising including the names of all contributors, the amount of each contribution and the date of each contribution. " 2 . That in the event of any conflict between the terms of this Amendment Agreement and the terms of the Agreement dated August 27, 2001, the terms of this Amendment Agreement shall control . -2- 3 . That except as expressly amended herein the terms of the August 27, 2001 Agreement between the City and OEG shall remain in full force and effect . IN WITNESS WHEREOF, the parties hereto have entered into and executed this Amendment Agreement on the date and year first written above . CITY OF ELGIN OUTSIDE EXHIBITION GROUP, an Illinois not-for-profit corporation L-1: By e7BY. Mayor Presi.ent Attest : Attest : ' City Clerk Its Secretary r% -3-