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HomeMy WebLinkAbout00-120 Resolution No. 00-120 RESOLUTION RATIFYING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE ELGIN KICKERS SOCCER CLUB 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 Kickers Soccer Club 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 City of Elgin Mayor NIl Kevin Kelly Council Members AGREEMENT Terry Gavin T IS AGREEMENT, made and entered into this / 54- Robert Gilliam 1 day of Ed Schock ar 1999 by, and between the CITY OF ELGIN)/ohn Walters ILLINOIS a municipal corporation, hereinafter referred to Adlgrie Yearman "City" , and Elgin Kickers Soccer Club an Illinois corporation, hereinafter referred to as "League" . WHEREAS, City is the owner of property known as the Elgin Sports Complex 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 . 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. 150 Dexter Court • Elgin, IL 60120-5555 • Phone 847/931-6100 • Fax 847/931-5610 • TDD 847/931-5616 ® Pnntep on recycteo paper Section 4 . Maintenance of the tu'rf, 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 fences 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 Kickers Soccer Club 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 . ' Sec•tion 27 . League shall comply with all applicable federal, state and local laws . Failure to comply with this Section shall constitute a meterial 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 111114 a • Joyce A . Parker City Manager Attest : Al)L47-1111,CLV, City Clerk League : Elgin Kickers Soccer ytt President Vice sident AGREEMEN. T/TEXT081/LLEAGUES