The URL can be used to link to this page

Home My WebLink About96-100 Resolution No. 96-100 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE AMERICAN LEGION BASEBALL POST #57 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 an agreement on behalf of the City of Elgin with the American Legion Baseball Post #57 for the use of certain parklands for organized recreation, a copy of which is attached hereto and made a part hereof by reference. s/ Kevin Kelly Kevin Kelly, Mayor Presented: April 10, 1996 Adopted: April 10, 1996 Omnibus Vote: Yeas 6 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk Eon ELGIN PARKS AND MONICA BATES RECREATION DEPARTMENT Director 31 SOUTH GROVE AVENUE MARIA PREHM ELGIN, ILLINOIS 60120 Recreation Superintendent DAVID OSBORN Parks Superintendent TELEPHONE 708/931-6120 FAX 708/931-6144 AGREEMENT THIS AGREEMENT, made and entered into this 26 day of March , 1996 by, and between the CITY OF ELGIN, ILLINOIS, a municipal corporation, (hereinafter referred to as "City", and American Legion Baseball Post #57 an Illinois corporation, hereinafter referred to as "League". WHEREAS, City is the owner of certain parklands on which are located playing fields hereinafter referred to as "fields" suitable for activities of League; and, WHEREAS, League desires to continue the use of said playing fields for its various activities of organized recreation; and WHEREAS, it is to the mutual advantage of both parties that there be a clear understanding of the privileges and responsibilities of each party; NOW THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Section 1 Nothing in this agreement shall divest the City of its ownership or absolute right of control in and of the various parcels of real estate which may be affected by this agreement. While certain functions with regard to maintenance of grounds and operation of activities on the property may be assigned to League by this agreement, it is understood that no alterations to buildings or grounds shall be made without the express written consent of the City. Section 2 . League shall have the use of the fields for its scheduled games, scheduled shall mean games coordinated with City prior to season and practices with minimal of varies charge by Athletic Facility Reservation Permit only. It is understood that League shall have exclusive use of the fields with proper permits during such scheduled games and practices, but that said fields shall be considered open to the public by Athletic Facility Reservation permit only at all other times in accordance with general City park regulations. ELGIN, THE CITY TO WATCH • CITY HALL • 150 DEXTER COURT • ELGIN, ILLINOIS 60120-5555 • 708/931-6100 PRINTED ON RECYCLED PAPER . Section 3 . League agrees to provide City with complete schedules of its intended use of park facilities for games and practices at least 30 days prior to any scheduled game or practice. City shall have the right to review said schedule before its acceptance and before permits may be issued. Section 4 . Maintenance of the Turf, fences, infields, lights and backstops shall be the exclusive responsibility of League. Section 5 . League agrees that it is bound by the general rules and ordinances governing the closing times of City Parks, and that any use of the fields for night games which may extend beyond the normal closing time of the park may only be for games previously scheduled, pursuant to Section 3 of this Agreement. City may grant permission to other groups or organizations to use the light poles and fixtures for evening and night activities during times which League is not using the fields in cooperation with Leagues. Section 6. City agrees to assume the costs of water service for the structures and fixtures related to maintenance of the fields. Section 7 . League agrees that no major alterations shall be made to any buildings or structures without the prior express written consent of City. Section 8 . All costs related to the maintenance and repair of fences on the premise shall be in accordance with the provisions of Section 10. League agrees that no new fence shall be installed, nor any existing fence modified or relocated, without the express written consent of City. Section 9. The cost of repairs to underground water and sewer lines shall be the responsibility of City. Section 10 . League agrees that all requests for assistance from the City shall be made through the City Program Supervisor. The City Program Supervisor shall be the liason for resolution of any problems related to the administration of this Agreement. Section 11. It is the intention of the parties to encourage the use of the park facilities to host post-season League tournament and All-Star tournament play. League agrees to provide City with notice of the intended use of the park facilities to host such tournaments as soon as practicable after the determination is made. League further agrees to provide City with complete schedules of the tournament play as soon as they are available. Use of the park facilities is subject to any prior scheduled use. Section 12 . Outside vendors shall not be allowed on the park premises during scheduled League games or practices except by the express written consent of League and City, and in accordance with all applicable ordinances and statutes; City shall have the exclusive right to authorize outside vendors at anytime League is not scheduled to use the facilities in cooperation with Leagues. Section 13. League shall carry general liability insurance coverage in an amount no less than $1, 000, 000. League shall provide the City with a Certificate of Insurance indicating such coverage on an annual basis . Section 14 . League shall provide City with a signed statement indicating that they have received signed waivers, which have been approved by City Legal Department, from all participants and players releasing City of all liabilities prior to the use of the facilities, on an annual basis . Section 15 . The text herein shall constitute the entire agreement between the parties. Section 16. This agreement shall be binding upon and inure to the benefit of the _Elgin American Legion Post #57 _ and its successors, but this Agreement cannot be assigned. Section 17 . This agreement shall be in full force and effect for one year beginning January 1 and ending December 31 . This agreement shall be automatically renewed on an annual basis, unless terminated by either party with written notice at least 30 days prior to the renewal date. League agrees and acknowledges that City retains exclusive ownership of all real property and structures there on notwithstanding any provision to the contrary contained herein. Section 18 . If any provision or any portion thereof, contained in this agreement is held unconstitutional, invalid, or unenforceable, the remainder of the Agreement, or portion thereof, shall be deemed serviceable, shall not be affected and shall remain in full force and effect. Section 19. This agreement shall be interpreted and governed according to the laws of the State of Illinois. Section 20. The parties hereto agree and acknowledge that this agreement is executed in Kane County, Illinois, and agree and acknowledge that the appropriate and exclusive venue and forum for an proceedings to enforce the terms of this agreement shall be in Kane County, Illinois. IN WITNESS WHEREOF, the City of Elgin, Illinois has caused this Agreement to be signed and executed in its behalf by its City Manager and duly attested by its City Clerk, and League has caused this Agreemen tep be ig ed and executed in its behalf by its A47,, Y �. i i -= • - - /! both in duplicate, the day and year first above written. � CITY OF ELGIN / 0 . City Manager ATTEST: Loni Mecum City Clerk (Corporate Seal) affiiAtee:4-1,10:7L9.7•06-7LEA9UE Au" .ef6,44i 51ff 6 i // Its ATTEST: • Its