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Home My WebLink About96-82 Resolution No. 96-82 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDED AGREEMENT WITH CHILDREN' S THEATER OF ELGIN FOR PERFORMANCES OF CHARLOTTE ' S WEB BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amended Agreement on behalf of the City of Elgin with Children' s Theater of Elgin for performances of Charlotte ' s Web, a copy of which is attached hereto and made a part hereof by reference . s/ Kevin Kelly Kevin Kelly, Mayor Presented: March 27 , 1996 Adopted: March 27 , 1996 Omnibus Vote : Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ? �t FIRST AMENDED AGREEMENT THIS AGREEMENT is made and entered into this 14th day of March, 1996, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter referred to as "City" ) and the Children' s Theater of Elgin, an Illinois not-for-profit corporation (hereinafter referred to as "CTE" ) . WHEREAS, City has previously authorized execution of an agreement between the City and CTE for the performance of "Charlotte' s Web" , dated July 26, 1995; and WHEREAS, the parties hereto have determined it to be in their best interest to amend the aforementioned agreement. NOW, THEREFORE, for and in consideration of the mutual 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 : "Net revenue" shall mean the total funds generated from ticket sales and a registration fee of $20 . 00 per child, after deduction of all applicable taxes, minus the sum of "labor costs" as defined below and $8,000 . All costume fees charged by CTE, or sponsor donations paid to CTE shall not be considered in determining net revenue. Any such sums shall be retained by CTE. "Labor costs" shall mean the total labor costs incurred from the performance of this agreement by City. seven (7) 2 . CTE shall provide -six c6) performances of "Charlotte' s Web" at the Hemmens Auditorium, Elgin, Illinois 9:30 a.m. on April 17, 1996 at the following times and dates : 9 : 30 a.m. on April 18, 1996; 12 : 00 p.m. on April 18, 1996; 9 : 30 a.m. on April 19, 1996; 12 :00 p.m. on April 19, 1996; 7 : 30 p.m. on April 19, 1996 and 1 : 00 p.m. on April 20, 1996 . CTE shall solely determine the admission price of each show. Each party hereto shall receive complimentary tickets for each performance. The City shall provide all customary box office services including printing the tickets and collecting all money for all applicable registration fees and ticket sales . 3 . City shall pay CTE the sum of $8,000 on or before April 17, 1996 . 4 . On or before May 20, 1996, the net revenue realized from the aforementioned performance shall be divided equally between the parties hereto. City shall retain all funds which do not constitute "Net Revenue" as defined herein, except as otherwise provided herein. 5 . City shall provide all necessary technical personnel for and during rehearsals and during the aforementioned performances . The technical personnel shall perform technical services as reasonably directed by CTE ' s performance director. 6 . 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. 7 . Each party shall hold harmless and indemnify the other from and against any and all causes of action, claims -2- • f t for damages, suits and any and all other liability, including, but not limited to, attorney's fees, arising out of or in connection with the negligent performance of this agreement by the other party and its agents, assigns, employees, volunteers or performers . 8 . This agreement shall not be construed so as to create an employment, partnership or joint venture relationship between the parties hereto. 9 . On or before May 20, 1996, City shall provide to CTE a detailed accounting of all revenue received by City arising out of or in connection with this agreement. 10 . City shall provide rehearsal space at either the Hemmens Auditorium or Exhibition Hall during the dates and times as available. City shall provide the use of reasonably necessary equipment without charge to CTE. 11 . The terms and provisions of this agreement shall be severable. In the event that any of the terms or provisions of this agreement are found to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 12 . This agreement shall be governed by and subject to the laws of the State of Illinois . 13 . This agreement shall supplant any and all prior agreements between the parties hereto. This agreement shall represent the only agreement between the parties hereto regarding the aforementioned performances . No other agreements, oral or otherwise, exist or shall be applicable to -3- 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. 14 . The individuals executing this agreement hereby warrant and represent that they are duly and lawfully authorized to bind and represent the respective parties hereto. EXECUTED Attest: For the City: • Dolonna Mecum Richard B. Helwig 1 City Clerk City Manager Attest: For Children' s Theater of Elgin: -4- 1 ! ' . t EGtJLrAR :4HEARSALS : ) TECH WEEK HOURS Rehearsal Number Date : Time : of Hours ) Date : Times : 2/20/96 5PM - 10PM 5 ( 4/14/96 8PM - 11PM 2/21/96 5PM - 10PM 5 ) 4/15/96 8AM - 10PM 2/22/69 5PM - 10PM 5 ( 4/16/96 8AM - 10PM 2/26/96 5PM - 10PM 5 ) 4/17/96 8AM - 10PM 2/28/96 5PM - 10PM 5 ( 4/18/96 7 : 30AM-3 : 30PM 3/4/96 5PM - 10PM 5 ) 4/19/96 7 : 30AM-3 : 30PM 3/5/96 5PM - 10PM 5 ( 4/19/96 5 : 30PM - 11PM 3/6/96 5PM - 10PM 5 ) 4/20/96 11AM - 6PM 3/7/96 5PM - 10PM 5 3/9/96 8 : 30AM - NOON 3 . 5 ) TOTAL HOURS : 207 3/11/96 5PM - 10PM 5 3/12/96 5PM - 10PM 5 ) 3/13/96 5PM - 10PM 5 3/14/96 5PM - 10PM 5 ) SHOW SCHEDULE : 3/18/96 5PM - 10PM 5 ( 4/18/96 . . . 9 : 30AM & 12 : 15PM 3/19/96 5PM - 10PM 5 ) 4/19/96 . . . 9 : 30AM, 12 : 15PM & 3/20/96 5PM - 10PM 5 ( 7 : 30PM 3/25/96 5PM - 10PM 5 ) 4/20/96 . . . 1 : 00 3/26/96 5PM - 10PM 5 3/27/96 5PM - 10PM 5 ) "DOES NOT REFLECT 3/28/96 5PM - 10PM 5 ( PERFORMANCE ON 4/1/96 5PM - 10PM 5 ) 4/17/96 4/2/96 5PM - 10PM 5 4/3/96 5PM - 10PM 5 ) 4/4/96 5PM - 10PM 5 4/8/96 5PM - 10PM 5 ) 4/9/96 5PM - 10PM 5 -5- Attachment A Elm ", Agenda Item No . q � March 6, 1996 TO: Mayor and Members of the City Council FROM: Richard B. Helwig, City Manager SUBJECT: Amended Agreement for "Charlotte ' s Web" PURPOSE This memorandum is to request approval from the Mayor and members of the City Council regarding the attached amended contract with Children' s Theatre of Elgin for "Charlotte ' s Web" to be performed at. The Hemmens April 18-20, 1996 . BACKGROUND 410 The original agreement with Children' s Theatre of Elgin has already been approved by the Mayor and City Council on July 26 , 1995 . Representatives of Children' s Theatre of Elgin have requested an amended agreement. Legal representatives from Children' s Theatre and from the City of Elgin have met to amend the contract to: a) provide for 7 shows instead of 5; b) clarify the definition of new revenue; c) clarify au- thority to direct technical personnel . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED Children' s Theatre of Elgin. FINANCIAL IMPACT This amended agreement will not affect the original financial impact approved on July 26 , 1995 (the City shall pay Chil- dren' s Theatre the sum of $8,000 on or before April 17 , 1996 ) ; however, the additional show will bring in increased revenues in the approximate sum of $3,500 . LEGAL IMPACT 411 None. 411 Amended Agreement for "Charlotte' s Web" March 6 , 1996 page 2 RECOMMENDATION It is recommended that the Mayor and members of the City Council approve this amended agreement. Respectfully submitted, Monica Bates Parks & Recreation Director Richard B. Helwig City Manager BRC/csd 410 •