94-146 Resolution No. 94-146
RESOLUTION
AUTHORIZING AN AGREEMENT WITH CLASS ACT
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 Class Act for a performance by Mr. Taps 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
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PERFORMANCE AGREEMENT
This agreement is entered into this L_L_th day of ,
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City" ) , and Class Act for "Mr.
Taps" , a performing artist (hereafter referred to as "Mr. Taps" ) .
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 . Mr. Taps shall provide a performance of dancing at the
Elgin Fine Arts festival on the awn south of Hemmens Auditorium in
Elgin, Illinois on August W , 1994, beginning at 2 : OOpm. The per-
formance will be approximately 50 minutes in duration.
2 . Mr. Taps shall assume and pay all transportation costs,
including, but not limited to air fare and ground transportation,
to and from the performance location.
3. Ticket prices shall be free.
4 . City shall pay to Class Act the sum of $100 as deposit to
be sent upon execution of this agreement, and to Ayrie King III
(a.k.a. Mr. Taps) the additional sum of $400 immediately following
the performance on August 27, 1994 . Such sum shall constitute
full payment.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
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6 . Mr. Taps 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.
8 . Class Act warrants and represents that the agency is act-
ing as agent for Mr. Taps and is authorized by Mr. Taps to do so.
9 . mr. Taps represents and warrants that all performing fees
and casts 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.
. k
CITY OF ELGIN,
a municipal corporation
By
City Manager
Attest:
City Clerk l
Corporation or Art/1 st
By
Title