HomeMy WebLinkAbout20-1012 Side Street Studios AmendedAMENDMENT TO
CULTURAL ARTS COMMISSION GRANT AGREEMENT
THIS AMENDMENT AGREEMENT is made and entered into this day
of, 2020, by and between the CITY OF ELGIN, Illinois, a municipal corporation
(hereinafter referred to as the "City"), and Side Street Studio Arts NFP, a not -for -profit
corporation organized and existing under the laws of the State of Illinois (hereinafter referred to
as the "Grantee").
WHEREAS, on March 4, 2020, the City and the Grantee entered into a Cultural Arts
Commission Grant Agreement for the 2020 calendar year (hereinafter referred to as the "Subject
Agreement"); and
WHEREAS, the Subject Agreement provided that the City would provide certain grant
funds to the Grantee for the purpose of performing certain programs and projects under the City's
Cultural Arts Commission Grant Program (the "Subject Services"); and
WHEREAS, because of the unforeseen circumstances caused by the COVID-19 pandemic
and the resulting consequences of the pandemic response, Grantee was not able to provide or
perform the Subject Services; and
WHEREAS, the City and Grantee wish to amend their prior Subject Agreement to permit
Grantee to repurpose the grant funds provided for therein and to utilize said grant funds for the
operational costs, expenses, and general overhead of the Grantee.
NOW, THEREFORE, for and in consideration of the mutual undertakings set forth in this
Subject Agreement, and the mutual undertakings set forth in this Amendment Agreement, the
parties hereto agree as follows:
That Paragraph 1 of the Subject Agreement is hereby amended in its entirety to read
as follows:
"The Grantee shall be and is authorized to utilize the grant funds set forth in
paragraph 4 herein for operational costs, expenses, and general overhead of the
Grantee incurred in the 2020 calendar year, subject to the restrictions set forth in
paragraph 5 and the terms and conditions of this Agreement (hereinafter referred to
as the "Subject Services"), and for no other purposes unless approved in writing by
the City.
2. That the second sentence of Paragraph 4 of the Subject Agreement is hereby
amended in its entirety to read as follows: "Such payment by the City to the Grantee
shall be made on or before December 31, 2020."
3. That Paragraph 5 of the Subject Agreement is hereby amended in its entirety to read
as follows:
"Unless provided for otherwise herein, Grantee shall comply with all of the
requirements, terms and conditions of the City's Cultural Arts Commission Grant
Program. All grant funds for the Subject Services shall be expended by the Grantee
for the payment of operational costs and expenses incurred by the Grantee between
January 1, 2020 and December 31, 2020. Unless provided for otherwise herein, all
funds awarded pursuant to this Agreement shall be expended in accordance with
the terms and provisions of this Agreement and of the City's Cultural Arts
Commission Grant Program. The Grantee shall apply the money to be paid by the
City to the Grantee pursuant to the preceding paragraph hereof solely to pay
operational costs, expenses, and overhead of the Grantee incurred in the 2020
calendar year, including overhead. In no circumstance shall funds from the grant
provided pursuant to this Agreement shall be used by the Grantee for any purchase
of permanent equipment, capital improvements, construction or for the payment of
any previous year's deficit, nor shall such grant funds be utilized to fund any other
project, production, exhibit, program, presentation, or any other public or private
work or event."
4. That Exhibit A of the Subject Agreement is hereby deleted in its entirety.
That in the event of any conflict between the terms of this Amendment Agreement
and the Subject Agreement, the terms of this Amendment Agreement shall
supersede and control.
6 That except as amended in this Amendment Agreement, the Subject Agreement
shall remain in full force and effect.
7. That the changes provided for in this Amendment Agreement are germane to the
original Subject Agreement as signed and this Amendment Agreement is in the best
interest of the City and authorized by law.
SIGNATURE PAGE FOLLOWS
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IN WITNESS WHEREOF, the undersigned have entered into executed this Amendment
Agreement on the date and year first written above.
CITY OF ELGIN, a municipal corporation GRANTEE:
Attest:
40tyClerk
B:
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game/Print:
Title: rwz
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