02-136 Resolution No. 02-136
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT AGREEMENT WITH
OUTSIDE EXHIBITION GROUP FOR THE UNITED STATES FLAG SCULPTURE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk,
be and are hereby authorized and directed to execute an Amendment
Agreement on behalf of the City of Elgin with Outside Exhibition
Group for the United States Flag Sculpture Project, a copy of
which is attached hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: April 10 , 2002
Adopted: April 10, 2002
Omnibus Vote : Yeas : 6 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
•
AMENDMENT AGREEMENT
THIS AMENDMENT AGREEMENT made and entered into this 10th
day of April , 2002 , by and between the CITY OF ELGIN, a
municipal corporation (hereinafter referred to as the "City")
and the OUTSIDE EXHIBITION GROUP, an Illinois not-for-profit
corporation (hereinafter referred to as "OEG" ) .
WHEREAS, the City and OEG have previously entered into an
agreement dated August 27, 2001, whereby OEG would provide for
the construction and conveyance to the City of a United States
Flag Sculpture to be constructed on the City-owned Walton
Island (such agreement dated August 27, 2001, is hereinafter
referred to as the "Agreement" ) ; and
WHEREAS, the City and OEG have determined that it is
necessary and desirable to make certain amendments to the
Agreement .
NOW, THEREFORE, for and in consideration of the mutual
. promises and undertakings contained herein, and the mutual
promises and undertakings contained in the Agreement, and
other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties
hereto agree as follows :
1 . That the Agreement between the City and OEG dated
August 27, 2001, be and is hereby amended as follows :
A. Paragraph 3 of the Agreement is hereby amended to
read as follows :
"3 . That the City agrees to contribute to OEG
the difference between the costs for the United
States Flag Sculpture Project and the amount of
money raised by OEG in OEG' s fund raising
efforts for the United States Flag Sculpture
Project, provided however, it is agreed and
understood that notwithstanding the foregoing
the City' s contribution for costs associated
with the United States Flag Sculpture Project
is capped at $75, 000 and shall in no event
exceed $75, 000 . OEG agrees to use all monies
received from the City solely and only for the
United States Flag Sculpture Project . "
B. That paragraph 9 of the Agreement is hereby
amended to read as follows :
"9 . That OEG shall provide quarterly written
reports to the City detailing its fund raising
efforts for the proposed United States Flag
Sculpture Project . Such quarterly reports
shall be provided to the City on March 31,
June 30, September 30 and December 31 of each
year until OEG has completed the United States
Flag Sculpture and conveyed same to the City.
Such reports detailing OEG' s fund raising
efforts for the proposed United States Flag
Sculpture Project shall include the names of
all contributors, the amount of each
contribution and the date of each contribution.
OEG shall also provide a final written report
to the City within sixty (60) days following
the completion and conveyance to the City of
the United States Flag Sculpture. Such final
written report shall provide a final accounting
of all costs and expenses incurred for the
United States Flag Sculpture Project and a
final accounting of all fund raising including
the names of all contributors, the amount of
each contribution and the date of each
contribution. "
2 . That in the event of any conflict between the terms
of this Amendment Agreement and the terms of the Agreement
dated August 27, 2001, the terms of this Amendment Agreement
shall control .
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3 . That except as expressly amended herein the terms of
the August 27, 2001 Agreement between the City and OEG shall
remain in full force and effect .
IN WITNESS WHEREOF, the parties hereto have entered into
and executed this Amendment Agreement on the date and year
first written above .
CITY OF ELGIN OUTSIDE EXHIBITION GROUP, an
Illinois not-for-profit
corporation
L-1:
By e7BY.
Mayor Presi.ent
Attest : Attest : '
City Clerk Its Secretary r%
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