HomeMy WebLinkAbout00-118 Resolution No . 00-118
RESOLUTION
RATIFYING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
THE ELGIN NATIONAL LITTLE LEAGUE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that it hereby ratifies and authorizes the execution
of an agreement by Joyce A. Parker, City Manager, and Dolonna
Mecum, City Clerk, on behalf of the City of Elgin with the
Elgin National Little League for the use of city-owned playing
fields, a copy of which is attached hereto and made a part
hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: April 26, 2000
Adopted: April 26, 2000
Omnibus Vote : Yeas 7 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
• so OF ESC
� �~ City of Elgin
4 Mayor
Kevin Kelly
°bra rED tE*.
Council Members
Terry Gavin
Robert Gilliam
Ed Schock
John Walters
Marie Yearman
AGREEMENT tt
T IS AGREEMENT, made and entered into this / 9- day of
1-`tk1lia. 1999 by, and between the CITY OF ELGIN, ILLINOIS,
a municip�l corporation, hereinafter referred to as "City" , and
Elgin National Little League an Illinois corporation,
hereinafter referred to as "League" .
WHEREAS, City is the owner of property known as the Elgin
National Little League on which is 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.
Notwithstanding any other provision of this agreement or any
other actions of the parties hereto it is agreed and understood
that the City shall at all times continue to be the absolute
owner of the real estate and any and all buildings, structures
or improvements existing or to be constructed thereon.
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 charge, where
applicable, 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 .
150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616
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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 and at the
sole cost of League .
Section 5 . League has provided certain building structures on
City owned lands for use as concession stands, washrooms,
meeting and storage facilities . It is understood that these
structures are attached to the real estate and have thereby
become the property of the City. The parties agree that the
ownership of these structures rests entirely with the City. It
is agreed that the concession and storage facilities shall be
for the exclusive occupancy and use of League during the term of
this agreement . Maintenance and repair of washroom facilities
and these structures shall be the exclusive responsibility and
at the . sole cost of the League .
Section 6 . League has caused to be erected certain light poles
and fixtures for the purpose of lighting the ball fields for
night games . It is understood that these lights and poles are
attached to the real estate and have thereby become the property
of the City. 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 7 . City agrees to provide League with one set of keys
for all locked doors in the structures referred to in Section 6,
above. League may copy and distribute keys only with the prior
written approval of the City.
Section 8 . City agrees to assume the costs of water service for
the structures and fixtures related to maintenance of the
fields . City agrees to pay all costs related to providing and
maintaining gas and electrical service, if charged, to the
structures referred to in said Section 6 above .
Section 9 . League agrees that it shall undertake and be
responsible for repairs to buildings and grounds in order to
keep them suitable for League activities . City shall review
all repair work before and after its execution to ensure the
need, quality and cost of said repairs . All repairs must
conform to the requirements of all applicable codes .
Section 10 . League agrees that no alterations shall be made to
any buildings or structures without the prior express written
consent of City.
Section 11 . All costs related to the maintenance and repair of
.fenc'es on the premise shall be in accordance with the provisions
of Section 4 . League agrees that no new fence shall be
installed, nor any existing fence modified or relocated, without
the express written consent of City.
Section 12 . The parties agree that no alterations to above
ground plumbing within the buildings nor alterations to water or
sewer lines underground shall be undertaken without first having
complete plans for such work reviewed and approved by the City
Department of Public Works . League agrees that no such work
shall be undertaken without appropriate permits from the City.
The cost of repairs to plumbing within the buildings shall be in
accordance with Section 4 . The cost of repairs to underground
'water and sewer lines shall be the responsibility of City.
Section 13 . League agrees that all requests for assistance from
. the City shall be made through the Parks Superintendent . The
Parks Superintendent shall be the liaison for resolution of any
problems related to the administration of this Agreement .
Section 14 . 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 15 . League shall provide reduced or waived registration
fees to certain individuals based on need. The degree and
amount of such assistance shall be at League ' s discretion.
League shall provide such information as may be required by City
in an annual end-of-season report, which report shall include,
but not be limited to, information detailing numbers of
individuals to whom reduced program fees or other assistance was
provided, the amounts provided by such assistance and the
criteria used to establish which individuals received such
scholarship assistance.
Section 16 . 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
during any period in which League is not scheduled to use the
facilities pursuant to this agreement or other written agreement
with City.
Section 17 . League shall provide insurance coverage for League
property that is stored or utilized in the structures or
facilities or on site . League shall provide the City with a
Certificate of Insurance indicating such coverage on an annual
basis . Review of insurance for the upcoming season shall take
place prior to that season pending the City' s review of its
policies .
Section 18 . 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 naming the City
as an additional insured party indicating such coverage on an
annual basis .
Section 19 . 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 20 . The text herein shall constitute the entire
agreement between the parties .
Section 21 . This agreement shall be binding upon and inure to
the benefit of the Elgin National Little League and its
successors, but this Agreement cannot be assigned.
Section 22 . This agreement shall be in full force and effect for
five years beginning January 1, 1999 and ending December 31,
2003 unless terminated by either party with written notice at
least 30 days prior to termination. 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 23 . 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 24 . This agreement shall be interpreted and governed
according to the laws of the State of Illinois .
Section 25 . 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 .
Section 26 . This agreement shall not be construed as
constituting a joint venture, partnership, employment or other
agency relationship of any kind between the parties hereto.
Section 27 . League shall comply with all applicable federal,
state and local laws . Failure to comply with this Section shall
constitute a material breach of this agreement, and shall
entitle City to terminate this agreement upon 10 days written
notice without penalty to City.
Section 28 . League shall hold harmless and indemnify City from
and against any and all suits, causes of action, claims for
damages and any and all other liability arising out of or in .
connection with any alleged or 'actual negligent acts or
performance of this agreement by League, which may be advanced
or alleged by League or any third party against City.
Section 29 . Any grants or other monies provided by the City to
the League shall be expended by the League only and solely for
the purposes as prescribed by the City and pursuant to any
further additional rules, restrictions or regulations as may be
imposed by the City with respect to any such grant or monies .
Nothing herein shall require the City to provide the League any
specified amount of a grant or monies .
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 Agreement to be signed and executed in its behalf by
its President and its Vice President both in duplicate, the day
and year first above written.
CITY OF ELGIN, a municipal
corporation
c112 & ai_4.—
ycd' A. Parker
City Manager
Attest :
0/1A.c.44..—
ity Clerk
League : Elgin National
Little League
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AGREEMEN.TN/TEXT081/LLEAGUES