94-151 Resolution No. 94-151
RESOLUTION
AUTHORIZING AN AGREEMENT WITH THE ESO WINDS
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 the ESO Winds for a performance 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
PERFORMANCE AGREEMENT
This agreement is entered into this 13th day of ,
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City") , and ESO Winds, a per-
forming group (hereafter referred to as "ESO Winds" ) .
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. ESO Winds shall provide a performance of a concert at
the Elgin Fine Arts Festival on the lawn south of Hemmens Auditori-
um in Elgin, Illinois on August 27; 1994, beginning at 3:00pm.
The performance will be approximately 50 minutes in duration.
2. ESO Winds 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 Jean Bishop the sum of $525 immediate-
ly following the performance on August 27, 1994 . Such sum shall
constitute full payment for the performance by the ESO Winds.
5. This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . ESO Winds shall not conduct any marketing, promotional or
other activities related to the event without prior written agree-
ment ftom 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. ESO Winds warrant and represent that all performing fees
and costs shall be paid by the artist, including, but not limited
to, all applicable royalty fees and union dues.
9 . 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.
10. This agreement shall be subject to and governed by the
laws of the state of Illinois.
CITY OF ELGIN,
a municipal corporation
BY L �,.
Attest: City Manager
City Clerk
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