94-144 Resolution No. 94-144
RESOLUTION
AUTHORIZING AN AGREEMENT WITH ARTISTS OF NOTE
FOR A PERFORMANCE FOR THE ELGIN FINE ARTS FESTIVAL
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby authorizes Richard B. Helwig, City
Manager, and Dolonna Mecum, City Clerk, to execute an
agreement with Artists of Note for a performance by Chautauqua
Ensemble for the Elgin Fine Arts Festival, a copy of which is
attached hereto and made a part hereof by reference.
sl George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 8, 1994
Adopted: June 8, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
sl Dolonna Mecum
Dolonna Mecum, City Clerk
PERFORMANCE AGREEMENT
This agreement is entered into this 1,3th day of 1z
1994 , by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City" ) , and Artists of Note
for "Chautauqua Ensemble" , a performing group (hereafter referred
to as "Chautauqua Ensemble" ) .
Now therefore, in consideration of the mutual promises and cov-
enants contained herein, the sufficiency of which is hereby acknowl-
edged, the parties hereto agree as follows :
1 . Chautauqua Ensemble shall provide a performance of a con-
cert at the Elgin Fine Arts Festival located on the lawn south of
Hemmens Auditorium in Elgin, Illinois on August 27 , 1994 , begin-
ning at 1 : OOpm. The concert will be approximately 50 minutes in
duration.
2 . Chautauqua Ensemble shall assume and pay all transporta-
tion costs, including, but not limited to air fare and ground trans-
portation, to and from the performance location.
3 . Tickets shall be free.
4 . City shall pay to Artist of Note the sum of $725 on Au-
gust 27 , 1994 immediately following the performance. Such sum
shall constitute full payment for the performance by Chautauqua En-
semble.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . Chautauqua Ensemble shall not conduct any marketing, pro-
motional or other activities related to the event without prior
written agreement from the Hemmens Program Coordinator.
7 . In the event of sickness or of accident to artist, or if a
performance is prevented, rendered impossible or infeasible by any
act or regulation of any public authority or bureau, civil tumult,
strike, epidemic, interruption in or delay of transportation servic-
es, war conditions or emergencies or any cause beyond the control
of artist, it is understood and agreed that there shall be no claim
for damages by performer against City.
B . Artists of Note warrants and represents that the agency is
acting as an agent for the Chautauqua Ensemble and is authorized by
Chautauqua Ensemble to do so.
9 . Chautauqua Ensemble represents and warrants that all per-
forming fees and costs shall be paid by the troupe, including, but
not limited to , all applicable royalty fees and union dues .
10 . Each provision of this agreement shall be considered sever-
able, and if any of the provisions contained herein are determined
to be void, illegal or otherwise unenforceable for any reason, the
remainder of this agreement shall be valid and enforceable, and
shall remain in full force and effect.
11 . This agreement shall be subject to and governed by the
laws of the state of Illinois .
i .
CITY OF ELGIN,
a municipal corporation
By
City Manager
Attest: m
L4",City Clerk C Artist
Y �V(J
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