Loading...
HomeMy WebLinkAbout04-187 . i Resolution No. 04-187 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE ELGIN CONTINENTAL LITTLE LEAGUE FOR FIELD USAGE AT CONTINENTAL FIELDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David M.Dorgan,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 Elgin Continental Little League for field usage at Continental Fields, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: July 14, 2004 Adopted: July 14, 2004 Omnibus Vote: Yeas: 6 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk • AGREEMENT THIS AGREEMENT is hereby made and entered into this /'S day of - , 2004 between the CITY OF ELG ,ILLINOIS,a municipal corporation(hereinafter referred to as"City"), and L„ ,, ) 7 nois (hereinafter referred to as"League"). WHEREAS, City is the owner of property commonly known as the (..�11 C 4/1 eidiC/44..Con 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 promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby 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. 1 F:\General Services\Parks&Rec\Youth Sports Groups\Contracts\Youth Sports Agreement Master 2004 thru 2008.doc ' w 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. Any and all liability arising out of the negligent or reckless maintenance or repair of such facilities and structures, or failure to maintain or repair such facilities and structures shall rest entirely with 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. The League shall elk replace and otherwise maintain the light poles and fixtures. 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. League shall bear any and all liability for any failure to maintain such buildings and grounds or for any negligent or reckless maintenance of such buildings and grounds. Section 10. League agrees that no alterations shall be made to any buildings or structures without the prior express written consent of City. elk2 F:\General Services\Parks&Rec\Youth Sports Groups\Contracts\Youth Sports Agreement Master 2004 thru 2008.doc • , 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 born exclusively by League. 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. eimik 3 F:\General Services\Parks&Rec\Youth Sports Groups\Contracts\Youth Sports Agreement Master 2004 thru 2008.doc • r 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 the use of the facilities, on an annual basis. Section 20. This agreement constitutes the sole agreement between the parties hereto. There are no other agreements, either oral or implied between the parties hereto. Section 21. This agreement shall be binding upon and inure to the benefit of theaaa.'°¢.y,ue and its successors, but this Agreement cannot be assigned. Section 22. This agreement shall terminate on December 31,2007,unless otherwise terminated as provided for herein. Either party hereto may terminate this agreement for any or no reason upon thirty (30) days written notice to the other party, or upon an uncured material breach of this agreement upon thirty(30) days written notice. Section 23. The terms of this agreement shall be severable. In the event any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. Section 24. This agreement shall be subject to and governed by the laws of the State of Illinois. The venue for the resolution of any disputes or the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. Section 25. 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 26. 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 as provided for herein without penalty to City. Section 27. League shall indemnify and hold harmless the City,its officers,employees,boards and commissions from and against any and all claims, suits,judgments, costs or attorney's fees arising out of any acts or omissions of League or its officers,employees or agents in the performance of this agreement. In the event of any action against the City, its officers, employees, agents, boards or commissions covered by the foregoing duty to indemnify, defend and hold harmless, such action shall be defended by legal counsel of City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this agreement. Section 28. 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. 4 F:\General Services\Parks&Rec\Youth Sports Groups\Contracts\Youth Sports Agreement Master 2004 thru 2008.doc w r 1 1'4. 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 David M. Dorgan City Manager Attest: • City Clerk ,/ League: i'// C )16),7- /�,`i/e �ect � (fill-in nal/f youth league) "P.. k LI4' president; C ` (0 o'-0067 ;IS -5114--\-e Vic resident: (c-y 7) 7z//--882/3 5 F:\General Services\Parks&Rec\Youth Sports Groups\Contracts\Youth Sports Agreement Master 2004 thru 2008.doc