HomeMy WebLinkAbout96-327 Childrens Theatre Resolution No. 96-327
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
CHILDREN' S THEATRE OF ELGIN
(Sleeping Beauty)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Robert 0. Malm, Interim City Manager, and
Dolonna Mecum, City Clerk, be and are hereby authorized and
directed to execute an agreement on behalf of the City of
Elgin with Children' s Theatre of Elgin for performances of
Sleeping Beauty, a copy of which is attached hereto and made a
part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: December 18, 1996
Adopted: December 18, 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT
THIS AGREEMENT is made and entered into this , dayof
a
Q E I , , 1996, by and between the City of Elgin, Illinois,and
municipal corporation, (hereinafter referred to as "City" )
the Children ' s Theater of Elgin, an Illinois not-for-profit
corporation (hereinafter referred to as "CTE"
NOW, THEREFORE, for and in consideration of the mutual
promises and covenants contained herein, the sufficiency of
which is hereby acknowledged, the parties hereto hereby agree
as follows :
1 . As used in this agreement, the following terms shall
have the following meanings :
(a) "Net revenue" shall mean the total funds
generated from ticket sales and registration fees , less
taxes, reasonable labor costs, and base amount.
Concession sales , costume fees and other fees charges by
CTE shall not be considered in determining net revenue
under this agreement.
(b) "Base amount" shall be $10, 000 for "Sleeping
Beauty" .
( c) "Labor costs" shall be those reasonable labor
costs which directly arise out of or in connection with
the performance of the terms and provisions of this
agreement. Labor costs shall not include indirect or
overhead costs .
2 . CTE shall perform six ( 6) performances of "Sleeping
Beauty" at the Hemmens Cultural Center, Elgin, Illinois
(hereinafter referred to as "Hemmens" ) at the dates and
times listed on Exhibit "A" which is attached hereto and made
a part hereof .
3 . City shall provide space without charge to CTE for
the above mentioned performance dates and times listed in
Exhibit "A" as well as auditions and rehearsals at the dates
and times listed on Exhibit "B" , which is attached hereto and
made a part hereof .
4 . City shall waive all reasonable building and
equipment costs arising out of or in connection with the
performance of the terms of this agreement. For the purposes
of this agreement, "reasonable building and equipment costs"
shall mean those costs which constitute reasonable and
customary costs which may be associated with the subject of
this agreement in the reasonable discretion of City' s Parks
and Recreation Director. All costs for items rented by City
associated with "Sleeping Beauty" shall be charged to CTE
against the net revenue, and shall not constitute reasonable
building and equipment costs .
5 . The ticket price for school performances of
"Sleeping Beauty" shall be $3 . 50; the ticket price for other
public performances shall be $4 . 50 children/$5 . 00 adult.
Group discount rate (for public shows only) shall be 10%
discount 10 - 20 tickets, 15% discount 21 - 50 tickets and 20%
51 tickets and over.
6 . CTE may provide up to /o O complimentary tickets
to its business sponsors for all shows combined.
7 . CTE may provide additional complimentary tickets
to persons or groups when such provisions are determined to be
in the best interests of the parties hereto. No such
additional complimentary tickets shall be issued without the
prior written approval of City' s Director of Parks and
Recreation. Such written approval shall not be unreasonably
withheld.
8 . City shall provide all customary box office
services, including ticket printing and ticket sale
collection. CTE shall collect all registration fees .
9 . City shall pay to CTE the base amount for
"Sleeping Beauty" no later than fourteen ( 14) days prior to
the date of the first performance.
10 . The net revenues shall be divided equally between
the parties hereto within sixty ( 60) days of the final
performance .
11 . CTE shall designate in writing a person who shall
act as a producer for each show (hereinafter referred to as
"Producer" ) . Producer or his designee shall direct all
aspects of the show, including but not limited to, tryouts,
rehearsals and performances in conjunction with the Technical
Supervisor. All City equipment shall be operated by City
employees unless otherwise agreed to in writing by City' s
Director of Parks and Recreation. All shows will be "called"
by the CTE Producer or their designee with the City receiving
the name of that individual two weeks prior to the show.
12 . CTE hereby warrants and represents that all
copyright, licensing and other fees, rights and licenses as
may be required by law have been obtained and paid. All such
fees and costs shall be paid by CTE . City may require proof
of payment of any such fee or cost.
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13 . Each party shall hold harmless and indemnify the
other from and against any and all causes of action, claims
for damages , suits and any and all other liability, including
but not limited to reasonable attorney ' s fees, arising out of
or in connection with the negligent performance of the terms
and provisions of this agreement by the indemnifying party,
its agents, assigns, employees, volunteer or performers .
14 . This agreement shall not be construed so as to
create a joint venture, partnership or agency or employment
relationship between the parties hereto.
15 . Within thirty ( 30 ) days of the last performance of
the show, City shall provide to CTE a detailed accounting of
all revenue received by City arising out of or in connection
with this agreement and a detailed accounting of all labor
costs charged under the terms of this agreement.
16 . 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.
17 . This agreement shall be subject to and governed by
the laws of the State of Illinois.
18 . This agreement is the only agreement between the
parties hereto regarding the aforementioned performances . No
other oral or written agreements exist or shall be applicable
to the subject of this agreement, and any and all
modifications or amendments to this agreement shall be in
writing and signed by the parties hereto.
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19 . The persons executing this agreement hereby warrant
theyare dulyand lawfully authorized to
and represent that
bind and represent the respective parties hereto.
Notices . All notices delivered hereunder shall be in
writing and shall be served upon the parties at the following
addresses :
To CTE: Brian Kearney
Children' s Theatre of Elgin
808 Wicker Avenue
Streamwood, IL 60107
To City: Blythe Rainey-Cuyler
Hemmens Cultural Center
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
The mailing of notice by registered or certified mail, return
receipt requested, shall be sufficient service.
CITY OF ELGIN _ CHILDREN ' S
THEATRE OF ELGIN
By By -KN.>
Ci y Mana er
Attest: Its t r � CkZ) /t
City Clerk
JK4R1509 . 64/TEXT081/SPECEVEN.TS
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EXHIBIT A
8/15/1996
Dates reserved byTHE HEMMENS for: Children ' s Theatre of Elgin
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SLEEPING BEAUTY
TECH WEEK:
Sun, April 6, 1997 STAGE 8pm to Midnight Move in
Mon, April 7 , 1997 STAGE 8am to 10pm Tech week
Tues, April 8, 1997 STAGE 8am to 10pm Tech week
Weds, April 9 , 1997 STAGE 8am to 10pm Dress Rehearsal
SHOWS:
Thursday, April 10, 1997 STAGE 7 : 30am to 3 : 30pm
SHOWS: 9:30 & 12 : 15
Friday, April 11, 1997 STAGE 7 : 30am to 3 : 30pm
SHOWS: 9 :30 & 12: 15
Friday, April 11, 1997 STAGE 5 : 30pm to llpm
SHOW: 7 : 30
Saturday, April 12, 1997 STAGE llam to 6pm
SHOW: 1:00
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EXHIBIT B
8/15/1996
Dates reserved by THE HEMMENS for: Children' s Theatre of Elgin
SLEEPING BEAUTY
AUDITIONS/REHEARSALS:
February 25, 1997 Stage 5pm to 10pm Auditions Tu
February 26 , 1997 Stage 5pm to 10pm Auditions Wed
February 27 , 1997 ExHall 5pm to 10pm Call Backs/Th
March 4 , 1997 ExHa\ll* 6pm to 9pm Rehearsal/Tu
March 5 , 1997 ExH'all 6pm' to 9pm i, Wed
March 6 , 1997 ExHall 6pm to 9pm Th
March 7 , 1997 ExHall 6pm to 9pm Fri
March 10 , 1997 ExHall 6pm to 9pm Rehearsal/Mon
March 11, 1997 ExHall 6pm to 9pm Tu
March 12 , 1997 ExHall 6pm to 9pm Wed
March 13, 1997 ExHall 6pm to 9pm Th
March 14 , 1997 ExHall 6pm to 9pm Fri
March 18 , 1997 ExHall 6pm to 9pm Rehearsal/Tu
March 19 , 1997 ExHall 6pm to 9pm Wed
March 20 , 1997 ExHall 6pm to 9pm Th
March 21, 1997 ExHall 6pm to 9pm Fri
March 24 , 1997 ExHall* 6pm to 9pm Rehearsal/Mon
March 25 , 1997 ExHall* 6pm to 9pm Tu
March 26 , 1997 ExHall* 6pm to 9pm Wed
March 27 , 1997 ExHall* 6pm to 9pm Th
March 31, 1997 ExHall 6pm to 9pm Rehearsal/Mon
April 1, 1997 ExHall 6pm to 9pm Tu
April 2 , 1997 ExHall 6pm to 9pm iiWed
April 3, 1997 ExHall 6pm to 9pm II Th
On the days marked with ' *' the Stage is currently available. In
keeping with The Hemmens policy of "performance takes precedence over
rehearsal" , the stage will be reserved for CTE if the dates are still
available at the time that a contract is written.
1
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'$ Agenda City of Elgin Item No.
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,1,,,01.
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November 25, 1996
TO: Mayor and Members of the City Council
FROM: Robert O. Malm, Interim City Manager
SUBJECT: Contract with Children' s Theatre of Elgin to
Co-sponsor a Production of Sleeping Beauty at the
Hemmens Cultural Arts Center
PURPOSE
The purpose of this memorandum is to present the Mayor and
Members of the City Council with information to enter into a
agreement with Children' s Theatre of Elgin to co-sponsor a
production of Sleeping Beauty at the Hemmens Cultural Arts
Center.
BACKGROUND
Each year the City and the Children' s Theatre of Elgin co-
sponsor a spring and fall children' s production at the
Hemmens . The 1997 spring production is scheduled to be
"Sleeping Beauty" . A total of six performances are proposed;
four school matinees on April 10 and 11, a Friday evening
performance April 11, and a Saturday matinee April 12 .
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
Children' s Theatre of Elgin.
FINANCIAL IMPACT
The City will provide $10,000 to the Children's Theatre of
Elgin to assist in the production of "Sleeping Beauty" .
Ticket sales from this show will be used to pay for the costs
associated with the show as well as the City' s $10,000 contri-
bution. Any remaining revenues will be divided equally
between Children' s Theatre of Elgin and the City.
Historically, reimbursement revenues provided to the City from
past productions have averaged approximately $5,000 .
Sufficient funds are available in the 1997 Hemmens budget
Special Events Account #010-5402-765 . 47-00 project $540602 .
Sleeping Beauty
November 25, 1996
Page 2
LEGAL IMPACT
None.
ALTERNATIVES
None.
RECOMMENDATION
The recommendation is to enter into an agreement with Chil-
dren' s Theatre of Elgin for the production of "Sleeping
Beauty" April 10 - 12, 1996 and provide the up-front coordina-
tion funding of $10, 000 .
Respectfully submitted,
Monica Bates
Director of Parks and
Recreation
Rob rt 0. Malm
Interim City Manager
MB
Attachment