HomeMy WebLinkAbout10-1129 Elgin Opera lo-- acA
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E LG N
THE CITY IN THE SUBURBS'
This agreement is hereby made and entered into this .2I',h day of,/t/t9i/;/v,,3,4 , 2010 between the CITY OF ELGIN,
an Illinois municipal corporation(hereinafter referred to as"PURCHASER")employing the services of ELGIN OPERA,
an Illinois not-for-profit corporation(hereinafter referred to as" PRODUCER")
It is mutually agreed between the parties as follows:
The PURCHASER hereby engages the PRODUCER and the PRODUCER hereby agrees to furnish the entertainment
Presentation(Elgin Opera Goes Hollywood)hereinafter described, upon all the terms and conditions herein set forth.
1. PLACE OF ENGAGEMENT: Hemmens Cultural Center
45 Symphony Way
Elgin, IL 60120-5558
(1)ONE SHOW
Scaling: 317 @$30.00-$35.00
574 @$20.00-$25.00
311 @$15.00-$20.0
Artist CO
2. DATE(S)OF ENGAGEMENT: Thursday, February 10, 2011 (rehearsal)
And
Saturday, February 12, 2011 (rehearsal&performance)
a. Number of shows: One(1)
b. Time of Show: 7:30 pm
c. Length of each show: 110 minutes(estimated)
3. BILLING: (In all forms of advertising)
Artist shall receive 100% Headline Billing
4. FULL PRICE AGREED UPON:
a. $25,000(twenty-five thousand dollars)deposit; plus
b. Net Box Office Receipts, which shall consist of total gross receipts minus the rental fees for the use of
the Hemmens as described by the Lease Agreement attached hereto and made a part hereof as
Attachment"A".
Merchandise/Concessions Rate: 80%of GROSS receipts to PRODUCER,
20%of GROSS receipts to PURCHASER
5. All payments shall be paid by PURCHASER in US funds by CITY OF ELGIN check as follows:
a. The amount of$25, 000.00 shall be paid to and in the name of the PRODUCER not later than January 28,
2011.
b. The balance from the Adjusted Box Office Receipts shall be paid to and in the name of the PRODUCER
within sixty(60)days of performance.
c. In the event that Box Office receipts do not cover the rental charges of The Hemmens Cultural Center,
PRODUCER shall be responsible for payment of said charges. Notwithstanding anything to the contrary
herein, City shall not be liable under any circumstances for any deficiency of box office receipts to cover
any listed payments herein.
ADDITIONAL TERMS AND CONDITIONS
6. PRODUCER shall be responsible for providing to PURCHASER all the personnel, equipment, and materials
required for the successful presentation of Elgin Opera Goes Hollywood (with the exception of personnel,
equipment, and materials that would be supplied by PURCHASER in the course of a standard rental)including,
but not limited to musicians, vocalists, ushers, stagehands, musical instruments, musical scores,
programs/playbills,costumes, and set pieces or decorations.
7. PRODUCER shall have the exclusive right to sell souvenir programs, ballet books, photographs, records, CD's,
DVD's and any and all types of merchandise/concessions (excluding beverages) including, but not limited to,
articles of clothing(i.e. T-shirts,hats, etc.), posters, stickers, etc. on the premises of the place(s)of performance.
PURCHASER shall receive 20%of GROSS receipts on ALL Merchandise/Concession sales.
8. This agreement and the lease agreement attached hereto are the only agreements between the parties hereto
regarding the subject matter hereof. There are no other agreements, either oral or implied, between the parties
hereto regarding the subject matter hereof.
9. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement
of any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in
the Circuit Court of Kane County.
10. The terms of this agreement shall be severable. In the event that any of the terms or provisions of this
agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement
shall remain in full force and effect.
>i. To the fullest extent permitted by law, PRODUCER agrees to indemnify, defend and hold harmless
PURCHASER, its officers, employees, boards and commissions from and against any and all claims, other
relief arising out of or resulting form or through or alleged to arise out of any reckless or negligent acts or
omissions of PRODUCER'S officers, employees or agents in the performance of this Agreement. In the event
of any action against PURCHASER, its officers, employees, agents, boards or commissions covered by the
foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of the
PURCHASER'S choosing. The provisions of this paragraph shall survive any termination and/or expiration of
this Agreement.
l2. Notwithstanding any other provision of this Agreement it is expressly agreed and understood that in connection
with the performance of this Agreement that the PRODUCER shall comply with all applicable Federal, State,
City and other requirements of law, including, but not limited to, any applicable requirements regarding
prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the
foregoing, PRODUCER hereby certifies, represents and warrants to the City that all PRODUCER'S employees
and/or agents who will be providing products and/or services with respect to this Agreement shall be legal
residents of the United States. The City shall have the right to audit any records in the possession or control of
the PRODUCER to determine PRODUCER'S compliance with the provisions of this section. In the event the
City proceeds with such an audit the PRODUCER shall make available to the City the Artist's relevant records
at no cost to the City. The cost of any such audit shall be at the sole expense of PRODUCER.
13. No official director, officer, agent or employee of the City (PURCHASER) shall be charged personally or held
contractually liable under any term or provision of this Agreement or because of their execution, approval or
attempted execution of this Agreement.
14. Notwithstanding anything to the contrary provided herein, PURCHASER shall not be liable to PRODUCER for
attorneys' fees or any incidental, indirect or special damages of any kind.
IN WITNESS WHEREOF, the parties hereto have hereunto set their names and seals on the day and year first above
written.
:::iniA
: by:
Ekte CITY ELGIN
Solange Sior Sean Stegall, City Manager
•
ATTACHMENT "A"
THE HEMMENS CULTURAL CENTER
Elgin,Illinois
Lease Agreement
This lease agreement is hereby made and entered into this_day of November, 2010 by and between the City of
Elgin, Illinois, a municipal corporation (hereinafter referred to as "Lessor"), and Elgin Opera, an Illinois not-for-profit
corporation, (hereinafter referred to as"Lessee").
For and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are hereby
acknowledged,the parties hereto agree as follows:
1. PREMISES
A) Lessor agrees to lease to Lessee that portion of The Hemmens Cultural Center building located at the Elgin
Civic Center Plaza, Elgin, Illinois described as follows:
LOCATION EVENT DATE FROM TO HOURS A RATE RENTAL
Entire Building Rehearsal 2/10/2011 5pm 11pm 5 $ 90.00 $ 450.00
Entire Building Load-in/ Rehearsal 2/12/2011 4:30pm 7:30pm 3 $ 118.00 $ 354.00
Entire Building Event 7:30pm 10:30pm 3 $ 455.00 $ 1,365.00
•
Entire Building Load-out 10:30pm 11pm 0.5 $ 118.00 $ 59.00
I I ( Total Hrs I 11.5 I I $ 2,228.00
PLEASE NOTE: Lessor shall provide security for Lessee at the above-described location during the above-described
times. Such security shall be at Lessor's sole discretion and shall be a Lessee's sole expense. Lessor
may utilize auxiliary police officers or regular police officers in Lessor's sole discretion.
Est Bldg Rental $ 2,228.00
Less 35% Discount $ 779.80
Subtotal Bldg. Rental $ 1,448.20
Est Box Office Fees $ 645.00
Est. Labor& Equipment $4,229.75
Total Estimated Charges I $ 6,322.95
All amounts are in U.S. Dollars
B) The facility is reserved for use by Lessee for the times and areas listed on the face of this Contract. Permission
for the Lessee to use the facility beyond the times listed,for whatever reason, is neither expressed nor implied
in this Contract.
i) Rental of the Theatre includes: Stage, Auditorium, Dressing Rooms/Rehearsal Room, Lobby, Coat
Check,Will Call, Loading Dock and public restrooms.
ii) Rental of the Lobby includes: Lobby, Coat Check,Will Call, Loading Dock and public restrooms.
iii) Rental of the Exhibition Hall includes: Exhibition Hall, Kitchen, Loading Dock and public restrooms.
iv) Rental of the Entire Building includes: Stage, Auditorium, Dressing Rooms/Rehearsal Room, Lobby,
Coat Check,Will Call, Exhibition Hall, Kitchen, Loading Dock and public restrooms.
C) At no time shall Lessee be granted access to the Box Office, Main Office, private offices, Sound Equipment
Room, mechanical/storage areas or any area not normally associated with public events.
D) The decision to extend the usage time and/or area is solely at the discretion of Lessor.
E) Rentals set forth herein are estimates only and actual rentals may be greater based upon the actual services
rendered and the rates in effect on the date of the event as established by the City Council. The Lessee shall
occupy and use said premises for stated purposes and no other.
Deposit: Due Immediately
Insurance: Due by January 10, 2011
Tickets: Please Advise
Concessionaire: Please Advise
.2. RENTAL
Lessee shall pay rent as provided herein. Rents shall include charges for building usage, equipment and
services at rates set forth herein and on attachments B&C, attached hereto and mad part hereof. Rents shall
be estimated at the time this agreement is executed (estimated rentals) but may increase based upon actual
use as provided herein (additional charges).
3. DEPOSIT
A) Lessee shall pay a deposit of$100.00 per day within 15 days of booking of the event or forfeit the date. This
deposit shall not be credited towards estimated rental, but shall be credited against any additional charges
beyond the estimated rental or refunded. If the event is cancelled, such deposit shall be refunded only if
cancellation of any date or dates occurs no less than 180 days prior to the event.
B) The total estimated rental, based upon anticipated usage at rates set forth on Pages 1, 7 and 8, is$6,322.95 .
This amount shall be paid by Lessee not less than 30 days prior to the opening date of the event unless,
otherwise expressly authorized by Lc,sor in writing. Failure to make such payment shall result in cancellation
of Lessee's event.
4. FEES
A) The Lessee also shall pay Lessor, on demand and at rates set forth on Page 1, 7 and 8, such additional charges
as may become due on account of additional facilities, equipment, material or services furnished by the Lessor
at the request of the Lessee or Lessee's designated representative, or necessitated by the Lessee's occupancy
hereinunder the compensation for which is not included in the rent or rents specified above (See Pages 1, 7
and 8 for facility,services and equipment charges).
B) Such additional services, equipment or facilities include, but are not limited to, labor required for Lessee's use
of facilities,such as stage hands,stage manager or senior technician,ticket takers,security guards, and service
charge (if used) for special equipment required in setting up, operation and striking of event. The following
designated representatives of Lessee may request such additional services and or equipment, and such
requests shall be deemed the request of the Lessee:
C) Lessor may also require Lessee to obtain and pay for additional facilities, equipment and services which, in the
sole opinion of Lessor, are necessary for the safe, orderly or efficient conduct of the event. Lessee shall be
liable for the payment of any additional facility, equipment or service requested by any employee, agent,
contractor,assign or sublessee of Lessee.
5. FINAL PAYMENT
A) All additional charges shall be paid by cash, money order or check payable to the Lessor, within 30 days of
billing, unless otherwise expressly authorized in writing by the Lessor. A charge of 1% per month will be
assessed on all accounts not paid within 30 days.
B) Lessee warrants and represents that neither it, nor any of its agents or employees on its behalf, either
through Lessee's current name or through any other designation, have incurred any outstanding unpaid debt
to Lessor. Lessor may deny the use of any facilities to Lessee until any such debt has been satisfied, and shall
retain any funds paid by Lessee to Lessor pursuant to this or any other agreement, toward the satisfaction of
any such debt.
6. CANCELLATION
A) Lessee may cancel this agreement by serving written notice on Lessor not less than 180 days prior to the
leased date(s) in which case the Lessor shall refund Lessee's booking deposit.
B) In the event Lessee cancels any date or dates less than 180 days prior to the leased date(s) Lessee's deposit
shall be forfeited.
C) If any event must be cancelled due to inclement weather, upon written agreement of the parties through their
designated representative, Lessee shall be charged only for rehearsal and set-up time as well as labor actually
utilized based upon the then current fees for such times as established by the City Council of the Lessor.
7. INSURANCE—INDEMNITY
A) Lessee shall indemnify and save harmless the Lessor from all loss, cost and expense arising out of any liability,
including but not limited to reasonable attorney's fees, or claim of liability for injury or damages to persons or
property sustained or claimed to have been sustained by anyone whomsoever, by reason of the operation,
use or occupation of the facilities hereinabove described, whether such use is authorized or not, or by any act
or omission of Lessee or any of its officers, agents, employees, guests, patrons, or invitees, and Lessee shall
pay for any and all damage to the property of Lessor, or loss or theft of such property, done or caused by such
person.
B) Not less than 30 days prior to event, Lessee shall provide general liability claims for personal injury and
property damage at the premises described herein, naming Lessor as an additional insured party,with limits of
not less than $1,000,000 per occurrence and $1,000,000 in the aggregate. Such certificate shall provide that it
may not be terminated without ten (10)days written notice to the Lessor. Failure to submit such certificate by
the deadline defined on Page 1 of this Contract shall result in cancellation of Lessee's event.
C) The holder of such certificate shall be the same entity as the Lessee signing this Contract. Any deviation will
render the certificate invalid.
D) Under no circumstances shall Lessee, Lessee's representative, public or any other person involved with the
event, directly or indirectly, be allowed to occupy the facility until all of the insurance requirements set forth
above are met.
8. ADMISSIONS SURCHARGE
A) A twenty-five cent per admission surcharge shall be collected from every person who pays an admission
charge to any event at The Hemmens. This surcharge shall be exclusive of any other applicable State or
Federal surcharges and shall be collected at the time the Lessee collects the admission charge. The Lessee
shall be acting as trustee for and on account of the Lessor and shall pay over to the Finance Director of the
Lessor the surcharge under procedures prescribed by said Finance Director.
B) The Lessee agrees to inform the Lessor whether or not an admission fee shall be charged for the event. If
Lessee fails to inform Lessor to the contrary, it will be assumed that an admission fee will be charged and
Lessee will be billed accordingly.
C) The Lessee of The Hemmens for any event subject to use admissions surcharge shall file surcharge returns
showing surcharge receipts received on forms prescribed by the Finance Director. The returns shall be due on
or before the seventh day of the month following the use of The Hemmens.
D) The Lessee agrees to inform Lessor of the total paid attendance at the event within three business days of the
conclusion of the event. If Lessee fails to inform Lessor of the total paid attendance,the Admissions Surcharge
shall be based on a per event attendance of 1,200 paid admissions for the Theatre and 2,000 paid admissions
for the Exhibition Hall and/or Entire Building.
9. TICKETING SERVICES
A) Lessor shall provide Box Office services upon Lessee's request for Lessee's event under the following
conditions:
i) Lessee shall provide Lessor with all pertinent event information including, but not limited to, dates,
times and ticket prices, including discount structure, for all performances. Any changes in this
information shall be communicated in writing to Lessor's Front-of-House Supervisor in writing and
may result in additional expense to Lessee as defined below in Paragraph N of this Section.
ii) Lessee shall pay the applicable event set-up fee as established by Lessor, in the amount of$ 250.00
to create a new floor plan or$ 45.00 to utilize a previously created floor plan in Lessor's inventory.
Such fees shall be paid to Lessor within three days of the date of this agreement and shall be non-
refundable for any reason whatsoever.
iii) Lessee shall pay to Lessor the per ticket printing surcharge for each and every ticket printed,
including, but not limited to, those provided by Lessee to entities on a complimentary basis, as
established by Lessor in the amount of $ 1.00 per ticket printed. Lessor shall retain this amount
from box office receipts upon final settlement of Lessee's event. In the case of cancellation, Lessee
shall pay this amount upon Lessor's demand.
iv) Tickets shall not be sold by consignment or by any means other than channels normally utilized by
Lessor's Box Office.
All fees specified in this Section are in addition to the "Admissions Surcharge" specified in Section 8 of this
contract.
B) Lessee's event shall not be entered into Lessor's computerized ticketing system until a fully executed contract
has been received by Lessor.
C) At no time shall Lessee be granted entrance to the Box Office.
D) Lessor shall assign Box Office staff on the day and/or evening of Lessee's event and Lessee shall pay the
current hourly rate per person scheduled. Unless otherwise noted by Lessor in writing, Box Office shall open
two hours before Lessee's event and remain open until the Lobby clears after completion of Lessee's event.
Lessor shall determine the number of Box Office personnel necessary for Lessee's event. Lessor shall provide
daily Box Office staff free of charge during regular daily Box Office hours.
E) All communication with Box Office shall be conducted through Lessor's Box Office Supervisor unless otherwise
agreed in writing. The sole exception to this shall be Lessee's right to contact Box Office to inquire as to how
many tickets for Lessee's event have been sold. Any instruction regarding changes in dates, time or ticket
prices shall be submitted in writing to Lessor's Front-of-House Supervisor.
F) Lessee agrees that Lessor shall charge a per order processing fee to all entities which order tickets via fax,
telephone, Internet or any means other than in person at The Hemmens Box Office located at 45 Symphony
Way, Elgin, IL 60120. The fee per order shall be $5.00 per order. Lessee further agrees that Lessee shall
have no participation in revenues generated by the per order fee.
G) Lessee agrees that Lessor shall charge a per ticket exchange fee to all entities which exchange or return tickets
for Lessee's event. The fee per ticket shall be $ 5.00 per ticket. Lessee further agrees that Lessee shall have
no participation in revenues generated by the per ticket exchange fee.
H) Lessee agrees that Lessor's service provider, Tickets.com, shall charge a per ticket fee to all entities which
order tickets via the internet. This fee shall be defined by the most current agreement between The City of
Elgin, IL and Tickets.com. The per ticket fee currently ranges from $2.50 to$6.50 per ticket and is determined
by average ticket price. Lessee further agrees that Lessee shall have no participation in revenues generated by
the per ticket fee.
I) Lessee shall pay Lessor a credit card fee for all tickets paid by credit card. The fee shall be 4%of gross credit
card sales.
J) Lessor shall apply Box Office receipts for Lessee's event toward Lessee's"Total Estimated Expenses"as defined
in Section 1, Paragraph A and Section 3, Paragraph B of this contract. Lessee shall pay the difference of"Total
Estimated Expenses" and monies received by Box Office for Lessee's event to Lessor according to the
stipulation defined in Section 3, Paragraph B of this contract.
K) Upon completion of Lessee's event, Lessor agrees to provide Lessee with a Box Office statement which
displays number of tickets sold and revenues received by Box Office.
L) Upon completion of Lessee's event, Lessor shall apply monies received by Box Office toward Lessee's invoice.
Lessor shall,to the best of its ability, expedite payment to Lessee the balance of monies received by Box Office
in excess of total expenses incurred by Lessee by City of Elgin check. If expenses incurred by Lessee exceed
Box Office receipts, Lessee shall be invoiced the difference.
M) Upon Lessee's request, Lessor shall provide Lessee with a printout of information gathered by Box Office from
entities which purchased tickets for Lessee's event which may include purchaser's name, address, e-mail
address and phone number. Lessee shall provide only such information as is provided by each entity. Lessor
reserves the right to retain all such information in its own database.
N) If Lessee cancels, postpones, reschedules, relocates or in any other way whatsoever alters the information
originally entered in Lessor's Box Office computerized ticketing system regarding Lessee's event, Lessee shall:
i) Reimburse all entities which incurred fees as defined above in Paragraphs E and F of this Section
should such entity not be able to attend event due to Lessee's change of event. In the case of
cancellation,such fees shall be reimbursed to all entities which purchased tickets to Lessee's event.
ii) Pay the current per ticket exchange fee to Lessor for each and every ticket printed at the rate
established by Lessor as of the date of this agreement applicable to Hemmens fees whether the ticket
is reissued for the changed event or returned for refund. In the case of cancellation, such fees shall
be paid to Lessor for each and every ticket purchased for Lessee's event and may include those
provided to entities on a complimentary basis by Lessee.
iii) Pay Lessor the per order processing fee as defined above in Paragraph E of this Section for all re-
issued ticket orders. This provision does not apply to cancelled events.
iv) Reimburse Lessor the credit card fee as defined above in Paragraph G of this Section for all orders
paid by credit card which are cancelled due to Lessee's change of event.
Failure to comply with the provisions defined in this Paragraph shall be considered a breach of Section 5 of
this contract and is subject to the provisions of such Section.
10. LESSEE'S REPRESENTATIVE
A) The Lessee shall be present, or have a representative authorized to make decisions on behalf of Lessee, as
described in Section 4, paragraph B of this contract, present at The Hemmens Cultural Center during all times
the facility is in use by Lessee.
B) The Lessee shall identify any and all additional representatives not listed in Section 4, paragraph B authorized
to make decisions on behalf of Lessee not less than seven days prior to the event.
C) If Lessee fails to identify authorized representative(s), the person whose name appears on the signature page
of this contract shall be the only person authorized to make requests of Hemmens staff regarding, but not
limited to,the following:staffing,equipment and facility access.
D) In the absence of Lessee or an authorized representative, access to The Hemmens Cultural Center shall be
denied to all other persons associated with the event, including the paying public. In such event, Lessee shall
hold harmless and indemnify Lessor from and against any and all liability of whatsoever nature, including but
not limited to attorney's fees, arising out of or in connection with such denial of access.
11. EQUIPMENT RECEIVING AND STORAGE
A) Arrangements for delivery of equipment or supplies for Lessee's event shall be made with The Hemmens'
. Technical Supervisor no less than five business days prior to the event. Such effects shall include, but are not
limited to, scenery, props, programs and concessions. Deliveries on behalf of the Lessee shall be accepted at
the Lessee's risk,and The Hemmens in no way assumes any responsibility whatsoever for such effects.
B) Lessee shall be charged for storage of effects at the rate of$ 151.00 per day equipment remains on premises
beyond dates of contracted rental unless expressly authorized in writing by Lessor.
C) The Lessor reserves the right to remove from the building all effects remaining in the building after the
scheduled Lessee move-out time and the right to store those items wherever it sees fit, in the name of The
Hemmens or in the name of the Lessee, but at the cost,expense and risk of the Lessee.The Lessor and its staff
shall not be liable in any way for removing and storing,or for damages to,any such effects.
12. CONCESSIONS
A) Lessee shall inform Lessor if concessions will be sold during Lessee's event and types of items offered for sale.
B) Lessee shall enforce the restriction of food and beverage items in the Theatre. If Lessor determines that
Lessee is not properly enforcing this restriction to Lessor's standards, Lessor reserves the right to either hire
ushers at Lessee's expense or terminate the sale of concessions.
C) Lessor shall pay any and all cleaning charges associated with the sale of concessions. These charges will be in
addition to what is considered by Lessor to be standard cleaning.
D) Lessor reserves the right to prohibit the sale of certain items at Lessor's sole discretion.
E) Lessor reserves the right to restrict sale of concessions to specific areas within The Hemmens.
F) Lessee bears sole responsibility for the payment of any and all applicable taxes.
G) Lessor shall not be required to cover Lessor's vending machines at any time; provided, however, that in the
event Lessor agrees to cover its vending machines at Lessee's request, Lessee shall pay to Lessor the sum of
Two Hundred Dollars ($200) per day for each day said vending machines are covered, or ten percent (10%) of
all food and beverage sales over the course of the subject event,whichever is greater.
13. ADVERTISING
A) Lessee agrees that all advertising of the event will be true and accurate.
B) Lessee agrees that all news releases, publicity materials, media announcements of any kind, printed or
electronic, or other such public notices issued shall refer to the venue only by the name "The Hemmens
Cultural Center". Lessee further agrees to provide copies of any such materials to Lessor for Lessor's approval
prior to the public dissemination of such information.
C) Lessee shall be solely responsible for all advertising and marketing of Lessee's event. Lessor shall not be
required to provide marketing or advertising support of any kind whatsoever including, but not limited to,
design services,ad placement, mailing lists or display areas.
14. TERMS OF OCCUPANCY
A) Lessee shall use and occupy said premises in a safe and careful manner and shall comply with all municipal,
state, and federal laws and rules and regulations pertaining to The Hemmens Cultural Center and all other
rules and regulations prescribed by the Fire and Police Departments and other governmental authorities, as
may be in force and effect during the tenancy. Lessee shall not do any act or suffer any act to be done during
the term of this rental agreement which will in any way mar, deface, alter or injure any part of said Cultural
Center.
B) In case said premises or any part thereof shall be destroyed or damaged by fire or any other cause, or if any
other casualty, strike or other unforeseen occurrence not within Lessor's control, shall render the fulfillment
of this lease by Lessor impossible,then and thereupon this lease shall terminate and Lessee shall pay rental for
said premises only up to the time of such termination of the rate herein specified, and Lessee hereby waives
any claim for damage or compensation should this lease be so terminated.
C) Lessee agrees that Lessor may,with or without cause,terminate this entire agreement at any time prior to the
payment of Lessee in full of the agreed rent. Unless such termination is on account of breach of or default on
the part of the Lessee,the amount of rental paid by Lessee shall be prorated to the date of such termination.
D) No more than 1,200 tickets or passes shall be issued per performance in the Theatre unless expressly
authorized by Lessor in writing. Failure to comply with this regulation will result in immediate cancellation of
the event and/or a penalty to be paid by Lessee equal to 200% of the price of each ticket sold, given, or
transferred in excess of 1,200, or$25.00 per such tickets,whichever is higher.
E) Lessee accepts the building, its furnishings, fixtures, and equipment in their present condition and state of
repair and agrees that upon the end of the term of which the building has been rented it will be vacated and
surrendered up to Lessor in the same condition it is now in.All repairs, replacements and clean-up required to
return the building and its furnishings, fixtures and equipment to its present condition shall be at the expense
of the Lessee.
F) Lessee shall provide proof in writing not less than 30 days prior to performance that all applicable license and
. royalty fees have been paid by Lessee. Failure to provide such proof shall be construed as a material breach of
this agreement and may result in cancellation of this agreement at Lessor's sole discretion. In the event of any
such cancellation pursuant to this subparagraph, Lessor shall retain any payments made by Lessee. Retention
by Lessor of such payments shall not constitute a waiver of any and all rights to which Lessor may otherwise
be entitled by law.
G) Lessee shall assume all costs arising from the use of patented, trademarked, franchised or copyrighted music,
materials, devices, processes or dramatic rights used or incorporated in the event. Lessee shall indemnify,
defend and hold harmless the City of Elgin, The Hemmens Cultural Center, its officers, employees and agents
from any and all damages and/or costs, including legal fees,which may arise out of or from claims of copyright
infringement. Lessee warrants and represents that all applicable royalty, copyright and license fees have been
paid by Lessee.
H) Smoking is prohibited in The Hemmens Cultural Center.
I) All building equipment is to be operated by members of The Hemmens'technical staff only.
.I) Damage to the building or any building equipment incurred by the Lessee will be added to the final bill.
K) Building Lessees shall restrict their activities to the section of the building rented. It is also the responsibility of
the Lessee to restrict patrons of their event to said areas.
L) All events, including performances and rehearsals, must be terminated at the time stated on the contract.
M) No nails,spikes,screws,etc., are to be driven into the stage.
N) No open flame is allowed in any part of the building without prior approval of the Fire Marshal.
0) No taping or stapling to walls, doors or any other surface is permitted. Signs must be free standing or held up
by non-permanent, non-residue poster putty. Lessees shall ask Hemmens' Staff for assistance. No object
whatsoever may be attached to windows regardless of method used.
P) All weapons used in any production must be cleared in advance by The Hemmens Cultural Center Supervisor.
All guns used in any stage production must be loaded and unloaded by The Hemmens building technicians in
charge.All guns shall have plugged barrels,shotguns included.
Q) The sale and service of alcoholic beverages shall be made pursuant to applicable City of Elgin ordinances. All
alcoholic beverage sales and service shall only be served by a concessionaire authorized by Lessor. All
arrangements for the service and sale of alcoholic beverages shall be made through Lessor's staff.
R) The use of The Hemmens for the selling of merchandise, or for the purpose of making sales of any nature,
except the sale of admission tickets, is prohibited except with the written permission of Lessor.
S) The right to operate any concessions in the building is reserved to Lessor.
T) The Lessee shall not obstruct any portion of the sidewalks, entries, halls, vestibules, emergency exits or any
ways of access to public utilities in the building.
U) Lessee shall not bring, or permit anyone to bring, into the building anything that will increase the fire hazard
or rate of insurance of the building.
V) Lessee shall obtain and pay for all necessary permits and licenses required by his occupancy of use of The
Hemmens Cultural Center.
W) Food and beverages shall be handled in designated service areas only. Arrangements for such area shall be
made with The Hemmens staff prior to occupancy by Lessee. Food and Drink are not allowed in Theatre
without prior approval of Lessor's Cultural Center Supervisor.
X) Lessee may not sublease the building or any part thereof without express written permission of the Lessor.
Y) Every provision of this contract shall be severable. If any term or provision is illegal, unconstitutional or
otherwise invalid or unenforceable, such illegality or invalidity shall not affect the legality or validity of the
remainder of this contract.
Z) Lessor shall not be liable for delays or losses by the postal service of any country, any delivery/courier service
or failures by any other form of information transmission, electronic or otherwise.
AA) This Agreement shall not be construed so as to create a joint venture, partnership, employment or other
agency relationship between the parties hereto.
BB) Lessor believes, to the best of its knowledge that it is in compliance with the Americans with Disabilities Act
(ADA) of 1990, with respect to permanent access accommodations. Lessee shall be liable for all non-
permanent accessibility requirement pursuant to the Americans with Disabilities Act„ including, but not
limited to, all requirements as to seating accessibility and auxiliary aids for individuals with visual, hearing and
mobility based disabilities. Lessee shall hold harmless and defend Lessor from and against any and all claims,
suits, causes of action, and any and all other liability of whatsoever nature. The provisions of this paragraph
shall survive any termination and/or expiration of this agreement.
CC) The terms of this contract shall be governed by the laws of the State of Illinois. Venue for the enforcement of
any rights and the resolution of any disputes arising out of or in connection with this agreement shall be in the
Circuit Court of Kane County, Illinois. Lessee expressly consents to be subject to personal jurisdiction in all
courts in the State of Illinois.
DD) Lessee shall advise all of its agents, employees and volunteers of any and all rules and regulations of The
Hemmens Cultural Center or other applicable provisions of this agreement as may be applicable to the
performance of this agreement. Lessee shall also advise participants of the correct rehearsal and performance
time, location of the building,and place of entrance.
EE) Signator for Lessee shall be personally liable,jointly or severally, with Lessee for any breach of the provisions,
terms or covenants of this agreement. Variations from the contract shall not be made without Lessee's
authority or Lessee's agent (designated in writing only). Lessee is also responsible for any damage to the
building or its contents during occupancy.
FF) All requests for deviation from these rules and regulations shall be made in writing in advance with The
Hemmens' Front-of-House Supervisor.
GG) Lessee shall abide by the regulations listed above. Failure of Lessee to actively enforce these regulations may
result in extra charges, legal action and/or cancellation of event.
15. In the event any of the terms or provisions of this agreement contain unfilled blank spaces, such unfilled blank
spaces shall be construed to refer to the current rate established by City of Elgin ordinance as of the date of
this agreement.
16. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution
of any disputes for the enforcement of any rights arising out of or in connection with this agreement shall be
in the Circuit Court of Kane County, Illinois.
LESSEE
I understand and agree to all terms and conditions of this contract. I also understand that all times and charges listed in
this contract are estimated amounts only, and that rates in effect at the time of the execution of this contract shall be
charged.
Lessee Elgin Opera
By Solan e Sior
Signature (�s?�jC /Q11
Title President
Address 350 Park St.
Address 2 The Rider Center, Room 207
City,State,Zip Elgin, IL 60120
Phone(Bus.) 847-695-5014 (cell) 224-595-1526 E-mail: ssior@elginopera.org
ATTACHEM NT"B"
The Hemmens Cultural Center
Equipment List
10=11
Equipment Rates Quantity Cost
1 Acoustical Reflectors - Floor $11.25 10 $112.50
2 Acoustical Reflectors - Hanging (per set) $15.50 3 $46.50
3 Chairs - metal folding $0.80 170 $136.00
4 Chairs - padded $1.75 50 $87.50
5 Tables - rectangle: 30x96 , 36x96 , 30x72 $5.25 15 $78.75
6 Backstage Tables (5 included with rental) $5.25 10 $26.25
7 Tables - round $5.75 7 $40.25
8 Table Skirts $6.00 10 $60.00
9 ROSCO Stage Dance Floor-at sole discretion of Technical Supervisor $125.00
10 Electric Trucks (per day) $45.00
11 Microphones and Direct Boxes (one at N/C) $24.00 8 $168.00
12 Wireless Mic Surcharge (per mic, per day) $5.50 1 $5.50
13 Mirrorball , Blacklights $52.50
14 Fog Machines , Strobe Light $62.50
15 Movie Screen (Supertitle) $25.00 1 $25.00
16 Manhasset Music Stands $0.90 45 $40.50
17 Music Stand Lights $2.25
18 Stage Lectern $16.00
19 Orchestra Pit Cover ( Raised X or Lowered ) $85.00 1 $85.00
20 Piano, 9'Concert Grand-Steinway Model B $160.00
21 Piano, Upright -Wuriitzer , Roland RD700sx Electronic Keyboard $90.00 1 $90.00
22 Piano Tuning $130.00
23 Portable Sound System $65.00 1 $65.00
24 Projector-LCD video with VCR $55.00
25 Projector- Slide , Overhead $33.00
26 Portable Staging (band risers)-8"_, 16"_, 24"_, 32" , 40" $8.00 30 $240.00
27 Choral Risers -Wenger 3-step $15.00
28 Choral Risers -Wenger 4-step $20.00
29 Follow Spots $90.00
30 Audio Playback -Cassette , CD , DAT , Mini-disc , Other $45.00
31 Pipe& Drape-i.e.: for quick change booths (per foot) $1.00
32 Backdrops - Flag , Scrim , Other $115.00
33 100 Cup Coffee Urns (one at N/C) $5.00
34 Confetti Cannon (one load included) $45.00
35 Confetti Loads (per shot) $10.00
36 VCR& Monitor $50.00
37 Wenger Portable Theatre Seating $3.25
38 12,000 Lumen Video Projector(per day) $115.00 2 $230.00
39 Box Tower/Truss, 15" or 20.5" (per Section) $16.00
40 Misc. Equipment, Labor& Rental
" Sub-Total $1,536.75
I
ATTACHMENT"C"
The Hemmens Cultural Center
Labor Rates
* Rates are per person per hour.
* Labor rates on observed Federal or City holidays shall be 1 % times the rates listed on this
page.
* Under normal use, clean up service is included in the base rental. However, at the
discretion of the building manager, sponsoring organizations will be assessed for custodian
labor when the building is left unusually messy or dirty.
* Senior Technician or Stage Manager will be required to call cues for Hemmens
Technicians for productions and to supervise a move-in/out.
** Every effort will be made to schedule Auxiliary Officers. However, if they are
unavailable, Elgin Police Officers will be scheduled.
** Officer rates are established by the Elgin Police Department and are subject to change.
Labor 2010-2011 Rates* # of Hrs Cost
Techs I $33.50 59 $1,976.50
Sr Techs! $50.00 3 $150.00
Custodians $33.50
Ushers I $16.75
Box Office Staff $25.50 15 $382.50
Auxiliary Officer** $22.00
Comm. Service Officer** $46.00 4 $184.00
Elgin Police Officer** $67.00
** Estimate only- Rates established by EPD Total $2,693.00
The Hemmens Cultural Center
Box Office Estimate
Estimated Box Office Fees:
Ticket Tax $0.25 600.00 $ 150.00
Tx Printing $0.50 900 $ 450.00
Set-up: $ 45.00 1 $ 45.00
Total BO Fees: I $ 645.00