94-154 Resolution No. 94-154
RESOLUTION
AUTHORIZING AN AGREEMENT WITH TALENT LISTING SERVICE
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 Talent Listing Service for a performance by
Bermuda Triangle 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 1th day of
1994, by and between the City of Elgin, Illinois, a mun cipal cor-
poration (hereafter referred to as "City" ) , and Talent Listing Ser-
vice for "Bermuda Triangle" , a performing group (hereafter re-
ferred to as "Bermuda Triangle" ) .
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 . Bermuda Triangle shall provide a performance of a con-
cert at the Elgin Fien Arts Festival on the Civic Center Plaza in
Elgin, Illinois on August 27, 1994, beginning at 10 : 30am. The
concert shall conclude at Noon.
2 . Bermuda Triangle shall assume and pay all transportation
costs, including, but not limited to air fare and ground transporta-
tion, to and from the performance location.
3. Tickets shall be free.
4 . City shall pay to Talent Listing Service the sum of $70
as deposit to be sent upon execution of this agreement, and an addi-
tional sum of $350 to Bermuda Triangle 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.
b . Bermuda Triangle shall not conduct any marketing, promo-
tional or other activities related to the event without prior writ-
ten 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.
8. Talent Listing Service warrants and represents that the
agency is acting as an agent for Bermuda Triangle and is authorized
by Bermuda Triangle to do so.
9 . Bermuda Trinagle represents and warrants that all perform-
ing 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.
9 . This agreement shall be subject to and governed by the
laws of the state of Illinois .
CITY OF ELGIN,
a municipal corporation
By C ►-I
City Manager
Attest:
City Clerk
orporation o Artist
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By C t A-
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