HomeMy WebLinkAbout11-0202 TheatreworksI!
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THEATREWORKS USA
151 West 26th Street (212)647-1 100
New York,NY 10001 Fax:(212)924-5377
Butch Wilhelmi 33462 -00100001
The Hemmens Cultural Center 4TH-04/23/2011
150 Dexter Court
Elgin, IL 60120 5527 This Contract has been modified by the City of Elgin.
WORK - 847-931-5905
FAX - 847-931-5940
Dear Sponsor: February 2, 2011
/l Ji The Hemmens Cultural Center Attachment "A"; and the Theatreworks "Addendum to Letter
f`7 / ti7 Agreement", labeled as Attachment "B"; attached hereto are made a part hereof.
HCC /TWUSA nstitute
,
an agreement between you (SPONSOR) and us (THEATREWOR S USA CORP.) relating to
. r I
TALES OF A 4TH GRADE NOTHING
Date(s) /Time(s) Location City and State
23 APR 2011/10:00AM THE HEMMENS CULTURAL CENTER ELGIN. IL
23 APR 201 1/11:30AM THE HEMMENS CULTURAL CENTER ELGIN,IL
7 / Re 1. SPONSOR shall pay THEATREWORKS USA CORP.:
HCC tt-WUSA S3,600.00 as performance(or residency)fee.
S3,600.00 TOTAL
2.The total amount due under Paragraph 1 above shall be paid as follows:
$3,600.00 to be mailed to THEATREWORKS USA on first day of performance
$3,600.00 TOTAL
All payments shall be made to THEATREWORKS USA and mailed to the address set forth above, and
any payments shall be deemed made only when received upon transmission..
0/ b b
HCC /TWUSA
ACCEPTED AND AGREED TO:
0 / aPACCEPTED AND AGREED TO: Very truly yours,
Hcc trwusA THE HEMMENS CULTURAL CENTER THEATREWORKS USA
The City"f Elgin, IL n4
SE rAte0 Al "7,--,i I - irL__- ',/(
TEGALL, CITY,ANAGER BETH PRATHER
-2/7/77 -- / -7/
Date Date
**FOR EACH SHOW SITE, PLEASE RETURN TO US WITH CONTRACT:
1)A MAP(can be hand drawn) indicating location of performance site.
2)The name and phone numbers (work and home)of the person our stage manager will contact regarding
technical coordination.
3) Schools: In addition,please include name and phone number of principal.
ADDENDUM TO LETTER AGREEMENT
ATTACHMENT B
THEATREWORKS/USA CORP.
TWO Beans Production,LLC.
TALES OFA 4rrr GRADE NOTHING
THEATREWORKS/USA CORP. shall at its sole expense provide the production at the tinre(s), date(s), and place(s)
designated in the letter agreement.
2. SPONSOR shall provide at its expense:
a. The theatre or auditorium to above()yith stage cleared and complete with adequate stage lighting)made available
to TWO BEANS PRODUCTIONS exclusively two hours prior to the performance(s).
b. 2 people to help load and unload scenery before and after performances and to run lights during the performance.
3. If is further agreed as follows:
a. On all billboards,promotional brochures,paid advertisements and on the title page of all programs TWO BEANS
PRODUCTIONS shall be accorded billing as follows:
(name of sponsor)presents
Two Beans Productions
(name of show)
b. There shall be no audio or visual broadcast or recording of the performances permitted
c. There shall be no discrimination or segregation in admission or seating based on race, sex, national origin or
religion.
d TWO BEANS PRODUCTIONS shall be under no liability for failure to appear or perform in the event that such
failure is caused by or due to the physical inability of any of TWO BEANS PRODUCTIONS personnel to
perform, or acts or regulations of public authorities,labor difficulties,civil tumult,strike, epidemic,interruption
or delay of transportation services, or any other cause beyond TWO BEANS PRODUCTIONS control: but
payment due THEATREWORKS/USA CORP.from SPONSOR allocable to such canceled performance(s) need
not be trade and,if already made,shall be refunded
e. In the event SPONSOR cancels any performance(s) for any reason, the SPONSOR shall be liable to
THEATREWORKS/USA CORP.for the full agreed upon amount set forth in the letter agreement.
f Our pre-show set-up is scheduled to be completed by'A hour before the scheduled performance time. We cannot
begin our set-up earlier in order to allow for earlier sealing. If you wish to begin seating prior to '/hour before
the performance,you may do so,but be aware that the performers will probably still be setting up on stage.
g. Separate dressing rooms(with mirrors)shall be provided for 4 male and 2 female Actors. Dressing rooms shall be
comfortably heated and ventilated (as shall the stage)front the time the first Actor arrives, and shall have
entrances and windows properly masked from the public to insure privacy.
h. Separate sanitary facilities close to the dressing rooms shall be provided for male and female Actors, shall have
hot and cold running water, be clean and sanitary and whenever possible, separate front those provided to the
audience
Rd-effect-oftit R-K.
e
HCC IFWUSA
If the foregoing and the attachment accurately set forth your understanding with us, kindly sign one completely executed
copy of the agreement and return to us. This shall constitute a binding agreement between us.
111
ELINT
THE CITY IN THE SUBURBS-
ATTACHMENT B
The Hemmens Cultural Center
SHOW: TALES OF A 4TH GRADE NOTHING
Date(s): April 23, 2010
ADDENDUM #1 TO AGREEMENT
ATTENTION: Please carefully read each of the additional provisions set forth below. By signing
below, you hereby agree to be bound by the provisions contained in this Addendum #1. If there are
any conflicts between this Addendum #1 and the terms or conditions of the Letter Agreement,
Theatreworks USA's Addendum to Letter Agreement, the Technical Rider, or any other document
constituting a part of this Agreement, the parties agree that the provisions of this Addendum #1 shall
supersede any conflicting provisions, and shall control, prevail and be given full force and effect in
construing the agreement between the parties (the Letter Agreement, Theatreworks USA's
Addendum to Letter Agreement, the Technical Rider and this Addendum #1 are collectively referred
to as the"Agreement" herein).
A. This Agreement is hereby made and entered into this !2m'day of f6�K � , 201p, by and
between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as
"the City" and Theatreworks USA Corp., a New York corporation, (hereinafter referred to as
"Theatreworks USA"). For and in consideration of the mutual promises and covenants
contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto
agree that Theatreworks USA shall present two (2) performances of Theatreworks USA's
production entitled TALES OF A 4114 GRADE NOTHING pursuant to the terms and
conditions provided for by this agreement.
B. The terms of this Agreement shall be severable. In the event 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.
C. This Agreement shall not be construed so as to create a partnership,joint venture, employment
or other agency relationship between the parties hereto.
D. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for
the resolution of any disputes or the enforcement of any rights pursuant to this Agreement shall
be in the Circuit Court of Kane County, Illinois.
E. To the fullest extent permitted by law, Theatreworks USA agrees to indemnify, defend and
hold harmless the City, 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 Theatreworks USA's officers, employees or
agents in the performance of this Agreement. In the event of any action against the City, its
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Heinmcns.ore Fax: 847-931-5940
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
City's choosing. The provisions of this paragraph shall survive any termination and/or
expiration of this Agreement.
F. In the event that Theatreworks USA fails to perform its obligations pursuant to this Agreement,
the City shall be entitled to pursue any and all remedies afforded by law or equity. In the event
any party cannot perform its obligations pursuant to this Agreement due to an act of God,
serious illness/accident or force majeure, as defined in this Agreement; the parties shall attempt
to reschedule the event. If the event cannot be rescheduled, no payments shall be due from the
City under this Agreement, and any payments made by the City to Theatreworks USA or its
representative(s) shall be refunded to City within ten (10) days of written demand by the City.
In the event that the City negligently or willfully does not substantially perform its obligations
herein, the City's liability is strictly limited to the performance fee provided herein. In no
event shall the City be liable for any other monetary damages, including, but not limited to,
compensatory, consequential, indirect, special or incidental damages of any kind, or any costs
or attorney's fees, arising from or in any way related to any breach of the terms of this
Agreement.
G. No official director, officer, agent or employee of the City 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.
H. Notwithstanding any other provision of this Agreement, it is expressly agreed and understood
that in connection with the performance of this Agreement, Theatreworks USA 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, Theatreworks USA hereby
certifies, represents and warrants to the City that all Theatreworks USA's employees and/or
agents who will be providing products and/or services with respect to this Agreement shall be
legally authorized to perform such work and/or services in the United States. Theatreworks
USA shall also, at its expense, secure all permits and licenses, pay all charges and fees, and
give all notices necessary and incident to the due and lawful prosecution of the work, and/or
the products and/or services to be provided for in this Agreement. The City shall have the right
to audit any records in the possession or control of Theatreworks USA to determine
Theatreworks USA's compliance with the provisions of this section. In the event the City
proceeds with such an audit, Theatreworks USA shall make available to the City Theatreworks
USA's relevant records at no cost to the City. Theatreworks USA shall pay any and all costs
associated with any such audit.
AGREED:
CITY OF EL IN THEATREWORKS USA
By: BY /'-1W1-(
S an Stegall Beth Prather
Its: City Manager Its: Education Director
Date: -/0 Date: Vi/t)
The Hemmens Cultural Center 45 Symphony Way Elgin, Illinois 60120-5558
Phone: 847-697-3616 Hcnanens.org Fax: 847-931-5940