94-145 Resolution No. 94-145
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 Samana 'for
the Elgin Fine Arts Festival, a copy of which is attached
hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: June 8, 1994
Adopted: June 8, 1994
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
1
PERFORMANCE AGREEMENT
This agreement is entered into this nth day of
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City" ) , and Artists of Note
for "Samana" , a performing group (hereafter referred to as
"Samana" ) .
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. Samana shall provide a performance of a concert at the
Elgin Fine Arts Festival on the lawn south of Hemmens Auditorium in
Elgin, Illinois on August 27, 1994, beginning at Noon. The per-
formance will be approximately 50 minutes in duration.
2 . Samana shall assume and pay all transportation costs, in-
cluding, but not limited to air fare and ground transportation, to
and from the performance location.
3 . Tickets shall be free.
4 . City shall pay to Artists of Note the sum of $575 immedi-
ately following the performance on August 27, 1994 . Such sum
shall constitute full payment for the performance by Samana.
5 . This Agreement shall not constitute nor be as an employ-
ment, joint venture or partnership agreement between the parties
hereto.
6 . Samana shall not conduct any marketing, promotional or
other activities related to the event without prior written agree-
ment 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. Artist of Note warrants and represents that the agency is
acting as agent for "Samana" and is aurthorized by "Samana" to do
SO.
9 . "Samana" represents and warrants that all performing fees
and costs shall be paid by the artist, 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 .
CITY OF ELGIN,
a municipal corporation
Bv �- C C ��
City Manager
Attest:
" ��-
City Clerk
Cor oration or Artist
gy
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