HomeMy WebLinkAbout25-0524 Harmony Artists AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT NO. 1 is hereby made and entered into this . 4 th
day of May, 2025, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter
referred to as the "CITY"), and HARMONY ARTISTS, INC (hereinafter referred to as
"PERFORMER").
WHEREAS, the CITY and PERFORMER hereto have previously entered into an agreement
dated May 6,2025(the"Original Agreement"),wherein the CITY engaged PERFORMER to provide
an entertainment presentation ("Presentation"); and
WHEREAS, the parties hereto have determined it to be in their best interest to amend the
Original Agreement as provided herein; and
WHEREAS,the parties agree that all other terms and conditions remain unchanged and are
incorporated by reference to the Original Agreement which is attached hereto as Exhibit A; and
WHEREAS, the changes contemplated by this Amendment No. I are germane to the
Original Agreement as signed; and this Amendment Agreement No. 1 is in the best interest of the
CITY and is authorized by law.
NOW, THEREFORE, for and in consideration of the mutual undertakings as provided
herein, and other good and valuable consideration, the sufficiency of which is hereby mutually
acknowledged, the parties hereto agree as follows:
1. The above recitals are incorporated into and made a part of this agreement as if fully
recited hereby.
2. Paragraph 3 is hereby amended by changing paragraph 3 to read as follows:
"3. PLACE OF ENGAGEMENT: Hemmens Cultural Center
45 Symphony Way
Elgin, IL 60120
a. Scaling: Up to 47 Golden Circle Tickets @ $44.00
Up to 318 Premium Main Floor Tickets @ $34.00
Up to 540 Main Floor Tickets @$25.00
Up to 331 Balcony Tickets @$19.00
b. Total Tickets: 1216
c. PERFORMER'S Comps: 20(main floor tickets)
d. PURCHASER'S Comps: TBD"
3. Paragraph 4 is hereby amended by changing paragraph 4 to read as follows:
"4. DATE(S) OF ENGAGEMENT: April 24, 2026
a. Number of shows: 1
b. Time of Show: 4:00 PM
c. Performance Content: The PERFORMER shall perform one ninety(90)minute
performance with intermission."
4. Paragraph 6 is hereby amended by changing paragraph 6 to read as follows:
"6. RESPONSIBILITIES OF THE PARTIES:
a. Responsibilities of the PERFORMER. The PERFORMER agrees to do each of the following:
i. Provide the Performance described herein.
ii. Devote as much productive time, energy, and ability to the Performance and the rehearsal of
the Performance as may be necessary.
iii. Complete the Performance safely, with professional effort and skill, and using adequate
equipment in good working order.
iv. Comply with any royalty fees, performance fees, or other obligations of any organizations,
including unions,to which the Performer is subject, contractually or otherwise.
v. PERFORMER shall not perform within a sixty (60)mile radius for sixty(60)days before and
sixty (60)days after the performance of May 24, 2026."
5. That except as amended in this Amendment Agreement No. 1 the Original
Agreement shall remain in full force and effect.
6. That in the event of any conflict between the terms of the Original Agreement, the
terms of this Amendment Agreement No. I shall control.
IN WITNESS WHEREOF, the undersigned have entered into and executed this
Amendment Agreement No. 1 as of the date and year first written above.
CITY0 PERFORMER
By: C By: Cindy Shea by I ��
City Manager Harmony •,fists,,f c.
st:
City Clerk
Legal Dcpt\Agreement\Mariachi Divas Amendment Agr-5-23-25.docx