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O-51-02 07/22/02ORDINANCE Or E2,9-- ORDINANCE APPROVING THE EXECUTION OF A LICENSE AGREEMENT BY AND BETWEEN AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) AND THE VILLAGE OF LEMONT, ILLINOIS. WHEREAS, the Village of Lemont, a Municipal Corporation, (hereinafter referred to as the "VILLAGE ") seeks a license from the American Society of Composers, Authors and Publishers (hereinafter referred to as the "ASCAP ") to provide the VILLAGE with blanket coverage for non - dramatic renditions of the separate musical compositions in the "ASCAP repertory" by means of "Live Entertainment" or "Mechanical Music," and WHEREAS, ASCAP worked with the International Municipal Lawyers Association (IMLA) to produce a model license agreement for such a purpose, and WHEREAS, the VILLAGE has reviewed said Agreement and determined that the model agreement attached as EXHIBIT A is necessary and appropriate. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees that the VILLAGE and ASCAP enter into this Agreement attached as EXHIBIT A. PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES of THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE, ILLINOIS, ON THIS 22nd day of JULY , 2002. John Benik Debby Blatzer Peter Coules Connie Markiewicz Steven Rosendahl Jeanette Virgilio AYES NAYS PASSED ABSENT Approved by me this .a'11 day of ENE M. SMOLLEN, Village Clerk , 2002. JOHN Ae t: -' OL 4. --- CHARLENE 1VI. M , Village Clerk e Presi VILLAGE OF LEMONT ORDINANCE NO. ORDINANCE APPROVING THE EXECUTION OF A LICENSE AGREEMENT BY AND BETWEEN AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS (ASCAP) AND THE VILLAGE OF LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 22nd day of July , 2002 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 22nd day of July , 2002. LICENSE AGREEMENT -- LOCAL GOVERNMENTAL ENTITIES AGREEMENT between the American Society of Composers, Authors and Publishers ( "ASCAP ") located at 2690 Cumberland Parkway, Suite 490, Atlanta, GA 30339 and ( "LICENSEE "), located at 1. Grant and Term of License (a) ASCAP grants and LICENSEE accepts a license to perform publicly on the "Premises" and at "Events" and "Functions," and not elsewhere or otherwise, non - dramatic renditions of the separate musical compositions in the "ASCAP repertory." The performances licensed under this Agreement may be by means of "Live Entertainment" or "Mechanical Music ". For purposes of this Agreement, (i) "LICENSEE" shall include the named entity and any of its constituent bodies, departments, agencies or leagues. (ii) "Mechanical Music" means music which is performed at the Premises by means other than by live musicians who are performing at the Premises, including, but not limited to (A) compact disc, audio record or audio tape players (but not including "jukeboxes "), (B) videotape, videodisc or DVD players; (C) the reception and communication at the premises of radio or television transmissions which originate outside the Premises; and which are not exempt under the Copyright Law; or (D) a music -on -hold telephone system operated by LICENSEE at the Premises. (iii) "Live Entertainment " means music that is performed at the Premises by musicians, singers or other performers. (iv) "Premises" means buildings, hospitals, airports, zoos, museums, athletic facilities, and recreational facilities, including, but not limited to, community centers, parks, swimming pools, and skating rinks owned or operated by LICENSEE and any site which has been engaged by LICENSEE for use by LICENSEE. (v) "ASCAP repertory" means all copyrighted musical compositions written or published by ASCAP members or members of affiliated foreign performing rights societies, including compositions written or published during the term of this Agreement and of which ASCAP has the right to license non - dramatic public performances. (vi) "Events" and "Functions" means any activity conducted, sponsored, or presented by or under the auspices of LICENSEE. Except as set forth in paragraph 2.(d) below, "Events" and "Functions" shall include, but are not limited to, aerobics and exercise classes, athletic events, dances and other social events, concerts, festivals, arts and crafts fairs, and parades held under the auspices of or sponsored or promoted by LICENSEE on the Premises. (vii) "Special Events" means musical e vents, concerts, shows, pageants, sporting events, festivals, competitions, and other events of limited duration presented by LICENSEE for which the "Gross Revenue" of such Special Event exceeds $25,000 (as defined in paragraph 4.(d) below). (b) This Agreement shall be for an initial term of one year, commencing , which shall be considered the effective date of this Agreement, and continuing thereafter for additional terms of one year each. Either party may give notice of termination to the other no later than thirty (30) days prior to the end of the initial or any renewal term. If such notice is given, the agreement shall terminate on the last day of the term in which notice is given. 2. Limitations On License (a) This license is not assignable or transferable by operation of law or otherwise. This license does not authorize LICENSEE to grant to others any right to perform publicly in any manner any of the musical compositions licensed under this agreement, nor does it authorize any public performances at any of the Premises in any manner except as expressly herein provided. (b) This license does not authorize (i) the broadcasting, telecasting or transmission or retransmission by wire, Internet, website or otherwise, of renditions of musical compositions in ASCAP's repertory to persons outside of the Premises, other than by means of a music -on -hold telephone system operated by LICENSEE at the Premises; and (ii) performances by means of background music (such as Muzak) or other services delivered to the Premises. Nothing in this paragraph shall be deemed to limit LICENSEE's right to transmit renditions of musical compositions in the ASCAP repertory to those who attend Events or Functions on the Premises by means of teleconferencing, videoconferencing or similar technology. (c) This license is limited to non - dramatic performances, and does not authorize any dramatic performances. For purposes of this agreement, a dramatic performance shall include, but not be limited to, the following: (i) performance of a "dramatico- musical work" (as hereinafter defmed) in its entirety; (ii) performance of one or more musical compositions from a "dramatico- musical work (as hereinafter defined) accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken; (iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action, or visual representation; (iv) performance of a concert version of a "dramatico- musical work" (as hereinafter defmed). The term "dramatico- musical work" as used in this Agreement, shall include, but not be limited to, a musical comedy, opera, play with music, revue, or ballet. (d) This license does not authorize performances: 5. Breach or Default Upon any breach or default by LICENSEE of any term or condition herein contained, ASCAP may terminate this license by giving LICENSEE thirty days notice to cure such breach or default, and in the event that such breach or default has not been cured within said thirty days, this license shall terminate on the expiration of such thirty-day period without further notice from ASCAP. In the event of such termination, ASCAP shall refund on a pro -rata basis to LICENSEE any unearned license fees paid in advance. 6. Interference in Operations ASCAP shall have the right to terminate this license upon thirty days written notice if there is any major interference with, or substantial increase in the cost of, ASCAP's operations as the result of any law in the state, territory, dependency, possession or political subdivision in which LICENSEE is located which is applicable to the licensing of performing rights. In the event of such termination, ASCAP shall refund to LICENSEE on a pro -rata basis any unearned license fees paid in advance. 7. Non- Discrimination LICENSEE recognizes that ASCAP must license all similarly situated users on a non - discriminatory basis. LICENSEE agrees that any modifications to this Agreement by ASCAP, which are required by local, state or federal law for other municipalities, counties and other governmental entities shall not constitute discrimination between similarly situated users. Examples of such modifications are statements of equal employment opportunity or nondiscrimination on the basis of race, creed, color, sex or national origin. 8. Notices ASCAP or LICENSEE may give any notice required by this Agreement by sending it by certified United States Mail, by generally recognized same -day or overnight delivery service or by electronic transmission (i.e., Mailgram, facsimile or similar transmission) to the appropriate person/office as listed herein. Each party agrees to notify the other of any change in contact information, such as change of address, change of person /office responsible, etc. within 30 days of such change. IN WITNESS WHEREOF, this Agreement has been duly executed by ASCAP and LICENSEE, this day of , 20 . AMERICAN SOCIETY OF COMPOSERS, LICENSEE AUTHORS AND PUBLISHERS By: By: Title: Title: All required notices and reports are to be sent to: Account Services Department Name: ASCAP Title: 2690 Cumberland Parkway, Suite 490 Address: Atlanta, GA 30339 800 - 505 -4052 (phone) 770 - 805 -3475 (fax) Email: municipal_licensing @ascap.com Phone: Fax: Email: VILLAGE OF LEMONT ORDINANCE NO,-57 ORDINANCE APPROVING THE EXEC SOCIETY OF COMPOSERSEAUTHORS AGREEMENT AND BY AND BETWEEN AMERICAN PUBLISHERS (ASCAP) AND THE VILLAGE OF LEMONT, ILLINOIS ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This 22nd day of ules J, 2002 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Counties of Cook, Will, and DuPage, Illinois this 22nd day of July , 2002.