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95-122 Resolution No. 95-122 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH JAN DAVIS ENTERTAINMENT, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, be and is hereby authorized and directed to execute a Performance Agreement on behalf of the City of Elgin with Jan Davis Entertainment, Inc. for a performance by the Lovin Spoonful on August 26, 1995, a copy of which is attached hereto and made a part hereof by reference. sl Kevin Kelly Kevin Kelly, Mayor Presented: May 24, 1995 Adopted: May 24, 1995 Vote: Yeas 6 Nays 0 Attest: s1 Dolonna Mecum Dolonna Mecum, City Clerk 4/12/95 PERFORMANCE AGREEMENT This Agreement is made and entered into this Twelfth day of May, 1995, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and Jan Davis Entertaninment, Inc. , (hereinafter referred to as the "Agent" with Lovin Spoonful hereinafter referred to as "Artist" ) . For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Artist will give a performance as follows : Name and Address of Place of Engagement: Elgin Fine Arts Festival, outside Hemmens Auditorium, 150 Dexter Ct. Elgin I1 . Date of Engagement: August 26 , 1995 Type of Engagement: one seventy five minute show. Starting and Finishing Time of Engagement: 6 : 30 P.M. (in case of rain, show moves to 7 : 00 P.M. in the adjacent theater) Number of Musicians : P' 2 . That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $11,000 . Plus seven single occupancy rooms at the Elgin Holiday Inn. Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Agent by check upon completion of the performance. 3 . The parties hereto understand and agree that Jan Davis Entertainment, Inc. has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4 . That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5 . That the content, nature and medium of the program shall be entirely within the discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6 . That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a specific written agreement with the Artist or the Artist' s representative. 7 . That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. B . That the Artist shall pay all applicable performance presentation costs and fees including but not limited to, all royalty, copyright or union fees, and further, Artist warrants and represents that all such costs shall have been paid and all performance rights obtained prior to performance. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 9 . That the Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever arising out of or due to the negligent acts of the Artist, its employees or agents in connection with the performance of this agreement. 10 . That this agreement shall be subject to and governed by the laws of the State of Illinois . Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois . 11 . That the following riders are attached hereto and made a part of this agreement: "The Lovin Spoonful Rider" and "Additional Terms And Conditions" page. It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control . -2- . r 12 . All notices required herein shall be directed to the parties as follows : Agent: Director of Parks and Recreation Jan Davis Entertainment Inc. City of Elgin 6001 Tower Court 150 Dexter Court Alexandria, Va. 22304 Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY OF ELGIN Agent By � . City Manager qa Its LOVIN.SPN/TEXT089/ARTFEST. 95 -3- Resolution No. 95-120 RESOLUTION AUTHORIZING EXECUTION OF A PERFORMANCE AGREEMENT WITH SOUTH BEND REPLICAS, INC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Performance Agreement on behalf of the City of Elgin with South Bend Replicas, Inc. for a live cannon accompaniment for "The 1812 Overture" on August 25, 1995, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: May 24, 1995 Adopted: May 24, 1995 Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk PERFORMANCE AGREEMENT This Agreement is made and entered into this 10th day of May, 1995, by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and South Bend Replicas, (hereinafter referred to as the "Artist" ) . For and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows : 1 . That Artist will give a peraormance as follows : Name and Address of Place of Engagement: Wing Park Band Shell, Elgin, Illinois . Date(s) of Engagement: Friday, August 25, 1995 . Type of Engagement: A performance of live cannon accompaniment for "The 1812 Overture" . Starting and Finishing Time of Engagement: 7 : 30pm to 9 : 30pm. Number of Musicians : One Cannon Artist. 2 . That the City in consideration of the artistic services of the Artist agrees to pay a total fee of $6 ,000 . Said fee is the total compensation to be paid the Artist inclusive of any and all costs and expenses incurred by the Artist in connection with the subject performance. Payment shall be made to the Artist by check upon completion of the performance. 3 . The parties hereto understand and agree that Paul Barnett has acted as booking agent for the artist in this agreement. The commission due booking agent is included in the contract price and is to be paid by the Artist. The parties agree that the City has no responsibility or liability for any payments to any booking agent. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. 4 . That it is understood and agreed that the Artist has executed this agreement as an independent contractor and is not an employee of the City. This agreement shall not be construed to create an agency, joint venture or employment agreement between the parties hereto. 5. That the content, nature and medium of the program shall be entirely within the discretion of the Artist, except that the City shall have the right to direct the Artist to discontinue any activity constituting a violation of a state statute, applicable ordinances or directions of lawful authority. 6 . That no performance shall be recorded, reproduced or transmitted from the place of the performance in any manner or by any means whatsoever in the absence of a specific written agreement with the Artist or the Artist' s representative. 7 . That the City grants approval for the Artist to sell his/her own recordings or souvenirs prior to the performance, during intermission, and directly after the performance. 8 . That the City reserves the right and privilege of cancelling this agreement by giving thirty (30) days prior written notice to the Artist. In the event the City cancels this performance within thirty ( 30) days of the scheduled date thereof, the Artist shall be paid fifty percent (50%) of the contracted fee. In the event the City cancels this performance within seven (7 ) days of the scheduled date thereof, the Artist will be paid its full performance fee. 9 . That in the event the performance involves an outdoor performance and the City cancels the outdoor performance due to rain, the Artist agrees to perform on the same day indoors, at a later time the same day outdoors or on a later date depending upon the Artist' s touring obligations . In such an event of a rainout, Artist will be paid 100 percent of its fee whether the performance is cancelled, played indoors, postponed to a later time the same day or postponed to a later date. In addition, the Artist will not be required to perform outdoors if the temperature drops below 55° Fahrenheit. L0 . That the Artist reserves the privilege of cancellation by giving sixty (60) days prior written notice to the City in the event of television, motion picture or other major career enhancing engagements . 11 . That the Artist shall pay all applicable performance presentation costs and fees including but not limited to, all royalty, copyright or union fees, and further, Artist warrants and represents that all such costs shall have been paid and all performance rights obtained prior to performance. The Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever relating to same. -2- 12 . That the Artist hereby indemnifies and holds the City of Elgin, its officers, employees and agents harmless from any and all claims, causes of action or expenses whatsoever arising out of or due to the negligent acts of the Artist, its employees or agents in connection with the performance of this agreement. 13 . That this agreement shall be subject to and governed by the laws of the State of Illinois . Venue for any action brought pursuant to this agreement shall be in Kane County, Illinois . 14 . That the following riders are attached hereto and made a part of this agreement. One "Rider To Performance Agreement" , (see attached) . It is understood and agreed between the parties hereto that in the event of any conflict between the terms of this form contract and the provisions of any rider attached hereto, that the provisions of this form contract shall control . 15 . All notices required herein shall be directed to the parties as follows : Greg Bayor Artist: SOUTW BEND REPLICAS, INC. Director of Parks 61650 OAK ROAD and Recreation SOUTH BEND, INDIANA 46614 City of Elgin 150 Dexter Court Elgin, IL 60120-5555 IN WITNESS WHEREOF, the parties have executed this agreement on the date and year first written above. CITY OF ELGIN ARTIST OUM 3h,41D '>r9 S, INC. 616�^ OA:`, ROAD 46114 By By City Manager Uis -3- RIDER TO PERFORMANCE AGREEMENT This Rider is made a part of and incorporated into that certain performance agreement dated May 10th, 1995, entered into by and between the City of Elgin, Illinois, an Illinois municipal corporation (hereinafter referred to as the "City" ) , and South Bend Replicas, Inc. , a "Sub S" Indiana corporation (hereinafter referred to as "South Bend Replicas" ) . 1 . That South Bend Replicas shall assume and pay all transportation costs, including but not limited to, airfare and ground transportation of all artists and equipment to and from the performance location. 2 . That the City shall provide one non-smoking, ground floor motel room with two double beds for the nights of August 24 and 25, 1995 . Said hotel room shall be at the Elgin Holiday Inn at 345 W. River Road, Elgin, Illinois . 3 . That South Bend Replicas shall not conduct any marketing, promotional or other activities related to the event without prior written agreement from the City. 4 . That there shall be no admission ticket sales at this event. SOUTH BEND REPLICAS, INC. CITY OF ELGIN ARTIST 61650 OAK ROAD 5 UT BEND, INDIANA 46614 By i� I By City Manager Its Attest: City Clerk -4-