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HomeMy WebLinkAbout97-0926 Childrens Theatre 9.4 - o9aiisb AGREEMENT THIS AGREEMENT is made and entered into this day of , 1997 , 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" ) . 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 $8,000 for "The Little Princess" . (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 "The Little Princess" 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 Hemmens ' Technical Supervisor. All costs for items rented by City associated with "The Little Princess" shall be charged • to CTE against the net revenue, and shall not constitute reasonable building and equipment costs . 5 . All promotional materials for this production, such as press releases, posters, flyers, programs and brochures shall acknowledge the City' s contribution to this production as a partner. (Because certain items have already been printed prior to execution of this agreement, the program covers and school brochure are exempt from this provision. CTE will, however, acknowledge City on the title page of its program books) . When such materials state the name of the production' s producing entity, the name shall appear as "Children' s Theatre of Elgin and The Hemmens" . In no instance shall Children' s Theatre of Elgin' s name appear more prominently or in larger type than The Hemmens . 6 . CTE shall submit galleys of all promotional materials to Hemmens Front-of-House Supervisor for approval or changes prior to printing. Approval or changes must be then re-submitted to CTE in writing within two (2 ) business days . Approval shall not be unreasonably withheld. Ten ( 10) copies of all promotional materials shall be provided to Hemmens Front-of-House Supervisor twenty four (24) hours before they are displayed, mailed or distributed. 7 . CTE shall provide Hemmens ' Front-of-House Supervisor one ( 1) copy of the script, "The Little Princess" and one ( 1) copy of of any educational materials developed for this production prior to auditions . CTE shall also provide City a copy of rehearsal schedule, noting any dates which City may release, prior to the first scheduled rehearsal . CTE shall also provide to Hemmens ' Technical Supervisor a special equipment request prior to the first scheduled rehearsal, which details all special effects and/or equipment the production may require. 8 . The ticket price for school performances of "The Little Princess" shall be $3 .50; the advance ticket price for other public performances shall be $5 . 00 for children and adults . Tickets for public performances shall be for reserved seating. Group discount rates (applicable for public shows only) shall be 10% discount 10 - 20 tickets, 15% discount 21 - 50 tickets and 20% 51 tickets and over. School performance curtain times shall be 9 : 30a.m. and 12 : 00p.m. . 9 . CTE and The Hemmens may each provide up to 60 complimentary tickets to its business sponsors for all shows combined. 10 . 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 Hemmens ' Front-of-House -2- Supervisor. Such written approval shall not be unreasonably withheld. 11 . City shall provide all customary box office services, including ticket printing and ticket sale collection. Box Office labor shall be calculated at half current user-fees and shall be included in "labor costs" . The 1997 rate for these services is $0 . 15 per ticket sold, therefore $0 . 075 per ticket sold will be included in "labor costs" . CTE shall collect all registration fees . 12 . City shall make every effort to pay to CTE the base amount for "The Little Princess" five (5) days prior to the date of the first performance. 13 . The net revenues shall be divided equally between the parties hereto within sixty ( 60) days of the final performance. 14 . CTE shall designate in writing a person who shall act as a producer for each show (hereinafter referred to as "Producer" ) . Only CTE ' s Producer has the authority to make decisions at Hemmens, and she/he shall be the only representative with whom Hemmens staff will conduct business for "The Little Princess" . Producer 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 Hemmens employees unless otherwise agreed to in writing by Hemmens ' Technical Supervisor. Unless otherwise specified in writing, 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. The Hemmens Technical Supervisor shall be scheduled to work all technical rehearsals and performances . In the event the Technical Supervisor is designated to "call" the show, CTE will provide him, prior to auditions, a copy of the script which includes production notes . 15 . CTE will give Hemmens ' Technical and Front-of-House Supervisors seven days notice of all production meetings so they may attend when possible. There will be a minimum of one ( 1) production meeting scheduled no later than Monday, September 29 , 1997 with both Hemmens and CTE staff in attendance. In addition, there will be one ( 1) post-production meeting scheduled no later than Wednesday, October 22, 1997 with both Hemmens and CTE staff in attendance. The post-production meeting will include Hemmens ' Technical and Front-of-House Supervisors, and CTE production staff including: Producer, Director, Production Stage Manager(s) and Front-of-House Manager. 16 . CTE hereby warrants and represents that all copyright, licensing and other fees, rights and licenses as -3- • • may be required by law have been obtained and paid. All such fees and costs shall be paid by CTE . City requires proof of payment of any such fee or cost thirty ( 30) days prior to the first performance. 17 . 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 . 18 . This agreement shall not be construed so as to create a joint venture, partnership or agency or employment relationship between the parties hereto. 19 . 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. 20 . 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 . 21 . This agreement shall be subject to and governed by the laws of the State of Illinois . 22 . 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. 23 . The persons executing this agreement hereby warrant and represent that they are duly and lawfully authorized to 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 Producer Children's Theatre of Elgin 808 Wicker Avenue Streamwood, IL 60107 -4- To City: Mary Hatch Front-of-House Supervisor 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 f By 4ager )1 By Attest: Its ga414-v•--42 Aa.c --, City Clerk CTECONTR. 98/TEXT089/CTE97 . 98 -5-