94-153 Resolution No. 94-153
RESOLUTION
AUTHORIZING AN AGREEMENT WITH SPECIAL CONSENSUS
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 Special Consensus for a performance 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, 19.94
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 13th day of ,
1994, by and between the City of Elgin, Illinois, a municipal cor-
poration (hereafter referred to as "City" ) , and "Special Consen-
sus", a performing group (hereafter referred to as "Special Con-
sensus" ) .
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. "Special Consensus" shall provide a performance of a con-
cert at the Elgin Fine Arts Festival located on the south lawn of
Hemmens Auditorium in Elgin, Illinois on August 27, 1994, begin-
ning at 2 : 00 pm. The performance will be approximately 50 minutes
in duration.
2 . "Special Consensus" 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. Ticket prices shall be free.
4 . City shall pay by check to Joan Ballenger and Associates
the sum of $500 . Such sum shall constitute full payment for the
performance by "Special Consensus" and shall be mailed to Joan
Ballenger and Associates following the performance.
5 . This Agreement shall not constitute nor be construed as an
employment, joint venture or partnership agreement between the par-
ties hereto.
6 . "Special Consensus" shall not conduct any marketing, pro-
motional or other activities related to the event without prior
written agreement from the Hemmens Program Coordinator. Artist
sell tapes in the Entertainment Tent from 2 : 00 p.m. until 3 : 00 p.m.
on Saturday, August 27 .
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. Joan Ballenger and Associates warrants and represents that
said agency is acting as an agent for the performer and that the
agency is authorized by the performer to do so.
9 . "Special Consensus" represents and warrants that all per-
forming 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
City Manager
Attest: M
a"City Clerk
14-A A4
qatooYation or A ist
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