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HomeMy WebLinkAbout08-123 Resolution No. 08-123 RESOLUTION AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT WITH THE CHICAGO BANDITS, L.L.C. AND JUDSON UNIVERSITY FOR THE PURPOSE OF PROVIDING WOMEN'S PROFESSIONAL SOFTBALL BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and directed to execute a Development Agreement on behalf of the City of Elgin with the Chicago Bandits,L.L.C. and Judson University for the purpose of providing women's professional softball,a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 14, 2008 Adopted: May 14, 2008 Vote: Yeas: 6 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk DEVELOPMENT AGREEMENT This agreement made and entered into this 14th day of May, 2008, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and the Chicago Bandits, L.L.C., an Illinois limited liability company, (hereinafter referred to as the "Bandits") and Judson University, an Illinois not-for-profit corporation (hereinafter referred to as "Judson"). WITNESSETH WHEREAS, Judson is the owner of the Judson University Campus located at the property commonly known as 1151 N. State Street, Elgin, Illinois 60123-1498, (hereinafter referred to as the"Judson Property"); and WHEREAS, the Bandits are a women's professional softball team which is seeking to relocate to the City of Elgin; and WHEREAS, the City has determined there exists a need for more recreational and sports activities within the City and is seeking opportunities to promote recreation and sports activities in the City and to generally enhance the quality of life for its citizens; and WHEREAS, the City intends to study the feasibility and desirability of constructing a stadium which if built could be leased in part to the Bandits for Bandits home games; and WHEREAS, pending the City's study to determine the feasibility and desirability of constructing such a stadium, the City, the Bandits and Judson have agreed that the Bandits will temporarily utilize a softball field on the Judson Property for the Bandits' 2008, 2009 and 2010 seasons; and WHEREAS, in order for the Bandits to temporarily utilize the softball field on the Judson Property, it is necessary that certain improvements be made on the Judson Property as hereinafter described; and WHEREAS, the City and Judson have also agreed as part of the efforts to facilitate the Bandits' relocating to the City of Elgin that Judson will temporarily utilize a softball field at the City's Sports Complex property for the years 2008,2009 and 2010; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the undertakings of the City as set forth herein which will result in increases to the City's recreational, sports and cultural amenities, and which will potentially spur additional redevelopment of the City, are matters within the government and affairs of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Bandits to Relocate to City of Elgin. The Bandits agree to and shall relocate to the City of Elgin. Such relocation to the City of Elgin by the Bandits shall include relocating the Bandits corporate offices to the City of Elgin not more than thirty (30) days after the entry into this agreement and retaining the Bandits' corporate offices in the City of Elgin through the end of 2010. Such relocation to the City of Elgin by the Bandits shall also include the Bandits playing their home schedule on a portion of the Judson Property in the City of Elgin as hereinafter described for the 2008, 2009 and 2010 seasons. 2 DEVELOPMENT AGREEMENT This agreement made and entered into this 14th day of May, 2008, by and between the City of Elgin, an Illinois municipal corporation (hereinafter referred to as the "City"), and the Chicago Bandits, L.L.C., an Illinois limited liability company, (hereinafter referred to as the "Bandits") and Judson University, an Illinois not-for-profit corporation(hereinafter referred to as "Judson"). WITNESSETH WHEREAS, Judson is the owner of the Judson University Campus located at the property commonly known as 1151 N. State Street, Elgin, Illinois 60123-1498, (hereinafter referred to as the"Judson Property"); and WHEREAS, the Bandits are a women's professional softball team which is seeking to relocate to the City of Elgin; and WHEREAS, the City has determined there exists a need for more recreational and sports activities within the City and is seeking opportunities to promote recreation and sports activities in the City and to generally enhance the quality of life for its citizens; and WHEREAS, the City intends to study the feasibility and desirability of constructing a stadium which if built could be leased in part to the Bandits for Bandits home games; and WHEREAS, pending the City's study to determine the feasibility and desirability of constructing such a stadium, the City, the Bandits and Judson have agreed that the Bandits will temporarily utilize a softball field on the Judson Property for the Bandits' 2008, 2009 and 2010 seasons; and WHEREAS, in order for the Bandits to temporarily utilize the softball field on the Judson Property, it is necessary that certain improvements be made on the Judson Property as hereinafter described; and WHEREAS, the City and Judson have also agreed as part of the efforts to facilitate the Bandits' relocating to the City of Elgin that Judson will temporarily utilize a softball field at the City's Sports Complex property for the years 2008,2009 and 2010; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function relating to its government and affairs; and WHEREAS, the undertakings of the City as set forth herein which will result in increases to the City's recreational, sports and cultural amenities, and which will potentially spur additional redevelopment of the City, are matters within the government and affairs of the City. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained herein, and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the parties hereto agree as follows: 1. Bandits to Relocate to City of Elgin. The Bandits agree to and shall relocate to the City of Elgin. Such relocation to the City of Elgin by the Bandits shall include relocating the Bandits corporate offices to the City of Elgin not more than thirty (30) days after the entry into this agreement and retaining the Bandits' corporate offices in the City of Elgin through the end of 2010. Such relocation to the City of Elgin by the Bandits shall also include the Bandits playing their home schedule on a portion of the Judson Property in the City of Elgin as hereinafter described for the 2008, 2009 and 2010 seasons. 2 2. Bandits Use of the Judson Property. A. Judson agrees to and shall allow the Bandits to use for no charge the Subject Softball Field (as hereinafter defined) on the Judson Property for practices and for the Bandits home games for the Bandits' 2008, 2009 and 2010 seasons. The Bandits' practice schedule for 2008 is attached hereto as Exhibit A. The Bandits' schedule of home games for 2008 is attached hereto as Exhibit B. The parties agree that the practice schedules and home schedules for the Bandits for 2009 and 2010 shall be of similar frequencies as 2008 with dates for same to be provided by the Bandits to Judson and the City not later than February 1, 2009 for the 2009 season and not later than February 1, 2010 for the 2010 season. Judson shall be responsible at its cost for all traffic control and parking control including staffing relating thereto for the Bandits home games for the 2008, 2009 and 2010 seasons. Traffic routing for Bandits home games shall be routed by Judson as provided for in the Exhibit prepared by LandVision entitled"Proposed Traffic Route", attached hereto as Exhibit C. Judson shall also be responsible at its cost for trash collection and litter control in connection with Bandits home games. The Bandits shall be responsible at its cost for all other staffing and services for its home games during such years including but not limited to such staff and services as are necessary for security, concessions and ticket taking. It is agreed and understood that there shall be no alcohol sold, possessed, consumed or advertised in connection with any of the Bandits activities on the Judson Property. It is further agreed and understood that the Judson Property is a non-smoking property at that there shall be no tobacco sold, possessed, consumed, smoked or advertised in connection with any of the Bandits activities on the Judson Property. B. Judson agrees at its cost to provide housing for the Bandits players, coaching staff and their family members in the Judson dormitory known as the Volkman 3 Dormitory located on the Judson Property (hereinafter referred to as the "Subject Dormitory"). The number of rooms within the Subject Dormitory to be provided for such housing shall not exceed twenty (20). Such housing shall be provided during each of the 2008, 2009 and 2010 Bandit seasons commencing each such year from May 15 continuing to not later than two (2) days after the date of the last scheduled home game. C. Judson agrees at its cost to provide all necessary maintenance to the Subject Softball Field (as hereinafter defined) and the Subject Softball Field Improvements (as hereinafter defined), including, but not limited to, all maintenance reasonably necessary to allow for the Bandits use of the Subject Softball Field for all practices and games. Field preparation for Bandits games shall consist of the Subject Softball Field being prepared as "game ready" as described in Exhibit D attached hereto. Notwithstanding the foregoing, the Bandits shall be responsible for the cost of the repairs of any damage to the Judson Property caused by the negligent acts or omissions of the Bandits and/or its employees or agents. 3. Improvements to Judson Property. A. The Bandits shall improve the Softball Field on the Judson Property with such improvements to include a new synthetic dirt infield (brand name Hilltopper), new dugouts, concession stand/press box, bleachers, scoreboard, replacing a portion of the outfield fence, and amplification system in conformance with the site plan prepared by LandVision entitled "Proposed Chicago Bandits Site Improvements", attached hereto as Exhibit E; in conformance with the elevations for the concession stand/ press box, , attached hereto as Exhibit F; in conformance with the plans for the dugouts attached hereto as Exhibit G; in conformance with the elevation for the scoreboard prepared by , dated , 2008, attached hereto as Exhibit H; in conformance with the specifications for the bleachers prepared 4 by National Recreation Systems, Inc. , dated January 24, 2008, attached hereto as Exhibit I; and in conformance with the proposal for the Outdoor Sound System prepared by RC Communications dated April 11, 2008, attached hereto as Exhibit J (such site plan, elevations, plans, specifications and Proposal being hereinafter collectively referred to as the "Subject Softball Field Improvement Plans"; such softball field depicted on the referenced site plan being hereinafter referred to as the "Subject Softball Field"; and such improvements are hereinafter collectively referred to as the "Subject Softball Field Improvements"). Stormwater management in connection with the design and construction of the Subject Softball Field Improvements shall be in accordance with the Stormwater Management Permit Application for the Chicago Bandits Field Elgin, IIIinois, prepared by Christopher B. Burke Engineering West, Ltd., dated March 28, 2008. The design, construction and maintenance of the Subject Softball Field Improvements shall also be in conformance with all applicable federal, state, city and other requirements of law and pursuant to permits and other approvals issued by the City. The Bandits shall commence the construction of the Subject Softball Field Improvements on the Judson Property not more than thirty (30) days after the entry into this agreement and shall complete such Softball Field Improvements prior to the first scheduled home game for the 2008 Bandits' home schedule. Notwithstanding the foregoing, the Bandits shall provide for the replacement of a portion of the outfield fence no later than prior to the first scheduled home game for the 2009 Bandits home schedule. B. With the exception of the Subject Amplification System (as hereinafter defined), the Subject Softball Field Improvements shall be deemed to be part of the real estate of the Judson Property. Upon completion of the construction of same all right, title and interest to such improvements shall be deemed to be held by Judson and upon the expiration of this 5 agreement may be retained by Judson on the Judson Property. The Bandits execution of this agreement shall constitute a bill of sale conveying all right, title and interest to the Subject Softball Field Improvements to Judson, with the exception of the Subject Amplification System, effective upon the completion of the construction of such improvements on the Judson Property. The City will be purchasing and providing for the installation of the Subject Sound Amplification System and all right, title and interest to the Subject Amplification System shall be deemed to be held by the City. C. The budget for the costs of the Subject Softball Field Improvements prepared by the Bandits is attached hereto as Exhibit K. The City agrees to reimburse the Bandits for the costs of the Subject Softball Field Improvements in the total amount not to exceed Five Hundred Ninety-Three Thousand Six Hundred and Fifty Dollars ($593,650). The costs related to the purchase and installation of the Subject Amplification System, noise study, land planning and preliminary engineering are not included in such costs and are to be paid directly by the City. Upon commencement of the Subject Softball Field Improvements by the Bandits, the Bandits shall submit to the City, not more frequently than each calendar month, written requests for reimbursement to the Bandits of Bandits' actual cost of designing and constructing the Subject Softball Field Improvements which have been completed to date, according to the requirements of this agreement and any permits or other approvals as issued by the City therefore (hereinafter referred to as a "Request for Payment"). Such a Request for Payment shall include among other matters as reasonably required by the City invoices and other documentation establishing the costs of the Subject Softball Field Improvements which have been completed to date and for which reimbursement is being sought by the Bandits from the City. Within fourteen (14) days after the receipt of each Request for Payment, the City shall 6 inspect those portions of the Subject Softball Field Improvements for which payment is requested and either affirm that the work for which payment is requested is completed or notify the Bandits in writing that the work for which payment is requested is not completed. If the city confirms that the work has been completed, the City's Assistant City Manager will approve the payment to the Bandits (hereinafter referred to as a"Disbursement Request") and direct the City Fiscal Services Group Director to make such payment as provided for in the Disbursement Request and the City shall make such payment within fourteen (14) business days after the Disbursement Request. If the City reasonably determines that any portion of the work for which payment is requested is not complete in accordance with the requirements of this agreement and other permits or approvals issued by the City therefore, the notification to the Bandits of same shall state, in writing, why the work is not in compliance with the requirements therefore and why the City is not approving a portion of or all of the Request for Payment. Upon completing the work stated in the City's notification to the Bandits, the Bandits may submit a Request for Payment to the City, even if such resubmission is within the same month as the original submission, and the process described shall be repeated. Notwithstanding anything to the contrary in this agreement, time expended by officers or employees of the Bandits in arranging for the design or construction of the Subject Softball Field Improvements shall not be deemed a reimbursable cost from the City. D. Judson shall upgrade the electrical system within the Subject Dormitory in accordance with the proposal for such electrical upgrading prepared by Kellenberger Electric Inc. dated April 10, 2008, attached hereto as Exhibit L, and install twenty (20) window air- conditioners within the Subject Dormitory (hereinafter collectively referred to as the "Subject Electrical Upgrading"). It is agreed and understood that the purpose of the Subject Electrical 7 Upgrading is to allow the Bandits' personnel being housed in the Subject Dormitory to install and operate window air conditioners. The design, construction and maintenance of the Subject Electrical Upgrading shall also be in conformance with all applicable federal, state, city and other requirements of law pursuant to permits and other approvals issued by the City. Judson shall commence the Subject Electrical Upgrading not more than thirty (30) days after the entry into this agreement and shall complete the Subject Electrical Upgrading no later than seven (7) days prior to the first scheduled home game for the 2008 Bandits home schedule. E. City agrees to reimburse Judson for the costs of the Subject Electrical Upgrading in the total amount not to exceed $36,020. Upon completion of the Subject Electrical Upgrading by Judson, Judson shall submit to the City a written request for reimbursement to Judson of Judson's actual costs of designing and constructing the Subject Electrical Upgrading according to the requirements of this agreement and any permits or other approvals issued by the City therefore (hereinafter referred to as a "Request for Payment"). Such Request for Payment shall include among other matters as reasonably required by the City invoices and other documentation establishing the costs of the Subject Electrical Upgrading incurred by Judson for which reimbursement is being sought by Judson from the City. Within fourteen (14) days after the receipt of the Request for Payment, the City shall inspect the Subject Dormitory to confirm that the Subject Electrical Upgrading has been completed and either affirm that the work for which payment is requested is completed or notify Judson in writing that the work for which payment is requested is not completed. If the City confirms the work has been completed, the City's Assistant Manager will approve the payment to Judson (hereinafter referred to as a "Disbursement Request") and direct the City's Fiscal Services Group Director to make such payment as provided for in the Disbursement Request and the City shall make such payment 8 within fourteen (14) days after the Disbursement Request provide, however, the total payment to Judson shall not exceed $36,020. If the City reasonably determines that any portion of the Subject Electrical Upgrading for which payment is requested is not completed in accordance with the requirements of this agreement and other permits or approvals issued by the City therefore, the notification to Judson of same shall state, in writing, why the work is not in compliance with the requirements therefore and why the City is not approving the Request for Payment. Upon completing the work stated in the City's notification to Judson, Judson may submit a Request for Payment to the City and the process described shall be repeated. F. The parties understand and agree that the monetary assistance being provided by the City to the Bandits as set forth in paragraph 3C hereof and to Judson as set forth in paragraph 3E hereof is expressly contingent upon the Bandits and Judson performing their respective obligations pursuant to this agreement. In the event the Bandits fail to perform its obligations under this agreement, among the other remedies available to the City, the parties understand and agree that the City will not be providing any monetary assistance to the Bandits pursuant to this agreement or otherwise and the Bandits shall upon demand from the City reimburse the City in full any funds distributed to the Bandits for monetary assistance provided for in the proceeding paragraph 3C hereof. In the event Judson fails to perform its obligations under this agreement, among other remedies available to the City, the parties understand and agree that the City will not be providing any monetary assistance to Judson pursuant to this agreement or otherwise and that Judson shall upon demand from the City reimburse the City in full any funds distributed to Judson for monetary assistance provided for in the preceding paragraph 3E hereof. It is further expressly agreed and understood by the parties hereto that the City's only monetary assistance or contribution to the Bandits relocation to the City of Elgin, for 9 the Subject Softball Field Improvements and for the Subject Electrical Upgrading shall be the monetary assistance described in the preceding paragraphs 3C and 3E hereof and the City shall have no other responsibility or other costs or expenses related to the Bandits relocation to the City of Elgin and/or the improvements to the Judson Property. It is further expressly agreed and understood by the parties hereto that the monetary assistance from the City to the Bandits as provided in paragraph 3C hereof shall be utilized by the Bandits solely and only for the costs and expenses directly relating to the Subject Softball Field Improvements and that the monetary assistance from the City to Judson as provided in the preceding paragraph 3 E hereof shall be utilized by Judson solely and only for costs and expenses directly relating to the Subject Electrical Upgrading. G. Notwithstanding anything to the contrary in this agreement, it is agreed and understood that this agreement is not intended and shall not be construed to require the City to proceed with the design or construction of a new stadium which would be leased in part to the Bandits, it being expressly agreed and understood that the City currently only intends to study the feasibility and desirability of constructing and operating such a stadium in the future. It is further agreed and understood that the City has no obligation to provide for the construction of a new stadium and that any agreement between the City and the Bandits and/or any agreement between the City and any other entity to provide for the construction of a new stadium is entirely subject to and contingent upon and would expressly require the City, in the City's sole discretion, agreeing to same pursuant to a future separate written agreement approved by the City Council of the City of Elgin. H. Notwithstanding anything to the contrary in this agreement, with the sole exception of the design and installation of the Subject Amplification System, it is agreed and 10 understood that the City shall have no responsibility or liability for the design, construction, maintenance or use of the Subject Softball Field Improvements on the Subject Property, the Electrical Upgrading on the Judson Property or any other improvements or conditions on the Judson Property, it being agreed and understood that the responsibility and any liability for any such improvements, conditions, maintenance or use on the Judson Property shall be the responsibility of the Bandits and/or Judson. 4. Limitations on the Use of the Judson Property. A. Judson and the Bandits agree that all events scheduled on the exterior fields on the Judson Property, including, but not limited to, the Bandits home games on the Subject Softball Field, shall be scheduled to end no later than 10:00 p.m. B. Judson and the Bandits agree that the lighting for the Subject Softball Field on the Judson Property and lighting for any and all other fields on the Judson Property shall be turned off each day no later than 10:30 p.m., provided, however, that the lighting may remain on after 10:30 p.m. in the event a game is continuing and has been delayed or extended due to a rain delay or extra innings. Judson further agrees that the lighting for the Subject Softball Field on the Judson Property and the lighting for any and all other fields on the Judson Property shall not be turned on unless there is an event taking place on such a field on the Judson Property. Judson and the Bandits further agree that no additional lighting shall be added for the Subject Softball Field or for any and all other fields on the Judson Property unless expressly agreed to in writing by the City. C. Judson and the Bandits agree as follows with respect to sound amplification for the Subject Softball Field on the Judson Property and for any and all other fields on the Judson Property: 11 (i) the amplification system to be installed by the Bandits pursuant to Exhibit J attached hereto as part of the Subject Softball Field Improvements (hereinafter referred to as the "Subject Amplification System") shall be the only sound amplification system or device installed, utilized or operated on the Subject Softball Field on the Judson Property; and (ii) the Subject Amplification System shall be installed, utilized and operated only for the Subject Softball Field on the Judson Property and shall not be installed, utilized or operated for any other fields or exterior areas on the Judson Property; and (iii) the Subject Amplification System shall be operated and utilized solely and only in conjunction with Bandits home games on the Subject Softball Field on the Judson Property and the Subject Amplification System shall not be operated or utilized for any other events for any other entities either on the Subject Softball Field or for any other fields or exterior areas on the Judson Property; and (iv) the Subject Amplification System shall not be operated or utilized more than thirty (30) minutes prior nor later than thirty (30) minutes after the scheduled commencement and the ending of any Bandits' games on the Subject Softball Field on the Judson Property; and (v) the Subject Amplification System shall be designed, constructed, maintained, utilized and operated in conformance with the recommendations and limitations as set forth in Exhibit J attached hereto, in conformance with all 12 applicable federal, state, city and other requirements of law and in conformance with such additional recommendations and instructions of the City; and (vi) Notwithstanding anything to the contrary in this Agreement, the software for the Subject Amplification System shall be programmed and maintained to limit the maximum sound pressure level which can be produced by the Subject Amplification System to 88dBA as measured in the audience area at the Subject Softball Field; (vii) the Subject Amplification System shall not be operated or utilized to generate a sound pressure level in excess of 88dBA as measured in the audience area for the Subject Softball Field; and (viii) the Subject Amplification System shall not be operated or utilized in such a manner which constitutes a nuisance or creates a disturbance for any other property; and (ix) that the existing amplification system utilized by Judson on the baseball field on the Judson Property ("the Existing Amplification System") shall be maintained, utilized and operated in conformance with the recommendations and limitations as set forth in Exhibit J attached hereto, in conformance with all applicable federal, state, city and other requirements of law, in conformance with such additional recommendations and instructions of the City and shall not be operated or utilized in such a manner which constitutes a nuisance or creates a disturbance for any other property; and 13 (x) The Existing Amplification System shall not be operated or utilized to generate a sound pressure level in excess of 88dBA as measured in the audience area on the baseball field on the Judson Property; and (xi) with the exception of the Subject Amplification System and the Existing Amplification System, there shall be no other sound amplification systems or devices installed, operated or utilized for any other fields or exterior areas on the Judson Property; and (xii) at the end of the 2008 and 2009 Bandits seasons the Bandits shall remove the working components of the Subject Amplification System from the Subject Softball Field on the Judson Property and store same for safekeeping, the Bandits shall reinstall the Subject Sound Amplification System on the Subject Softball Field on the Judson Property prior to the 2009 and 2010 Bandits seasons, and at the conclusion of the 2010 Bandits season the Bandits shall deliver all components to the Subject Amplification System to the City. D. Firework displays shall be conducted by the Bandits on the Judson Property solely and only in conjunction with Bandits home games on Friday nights on the Subject Softball Field on the Judson Property. Fireworks displays shall be commenced at dusk after the completion of a Bandits home game on a Friday night with the Bandits representing that such a fireworks display will be conducted for approximately thirty(30) minutes. No fireworks display shall be commenced after 10:30 p.m. The Bandits shall obtain at its cost any approvals or other permits as required by law for any such fireworks displays. The Bandits shall also conduct any such fireworks displays in accordance with all applicable federal, state, city and other requirements of law. 14 5. Judson's Use of City's Sports Complex Property. A. The City agrees to and shall allow Judson's women's softball team to use for no charge a softball field at the City's Sports Complex property(hereinafter referred to as the "Subject City Softball Field") for practices and for games for the 2008, 2009 and 2010 seasons. The number of dates for games shall be limited to twenty(20) dates per year. Within thirty(30) days of the entry into this agreement Judson shall provide to the City's Sports Complex Supervisor a written listing of the desired practice and game dates to be held at the Subject City Softball Field for 2008. Judson shall provide to the City's Sports Complex Supervisor the desired practice and game schedule not later than February 1, 2009 for the 2009 season, and not later than February 1, 2010 for the 2010 season or on the City's Sports Complex Property. The dates of Judson's use of the Subject City Softball Field shall be subject to the City's approval, which approval shall not be unreasonably withheld. Judson shall be responsible at its costs for all staffing for its games at the City's Sports Complex property including but not limited to such staff as is necessary for security, concessions and ticket taking. It is agreed and understood that there shall be no alcohol sold, possessed, consumed or advertised in connection with any of the Judson activities on the Subject City Softball Field and the City's Sports Complex Property. B. The City at its cost shall provide all necessary maintenance to the Subject City Softball Field to be utilized by Judson including, but not limited to, all maintenance reasonably necessary to allow for the Bandits to use the Subject City Softball Field for all practices and games. Field preparation for Judson games shall consist of the Subject City Softball Field being prepared as "game ready" as described in Exhibit D attached hereto. Notwithstanding the foregoing, Judson shall be responsible for the costs of any repairs of any 15 damage to the Subject City Softball Field or the City Sports Complex property caused by the negligent acts or omissions of Judson and/or its employees, agents or students. 6. Insurance and Indemnification. A. The Bandits shall, at its sole cost and expense, purchase and maintain liability insurance covering its activities on the Judson Property in the amount of$1,000,000 and shall list Judson as an additional insured. The Bandits shall protect, defend, indemnify and hold harmless Judson, its board members, officials, officers, employees and agents from and against and all claims, actions, damages, liability and expenses, including attorney's fees in connection with or occasioned by any act or omissions arising from or out of the Bandits' use or occupancy of the Judson Property; provided, however, that the Bandits shall not be liable for any loss, damage or injury of any kind to any person or property which: (i) arises primarily from Judson's own use of the Judson Property; (ii) is caused by or arises from any act or omission of Judson or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of Judson's agents, officers, representatives, contractors, employees, licensees or invitees. If Judson shall remain a party to any litigation, for which the Bandits is obligated to indemnify Judson, then the Bandits shall protect and hold Judson harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by Judson in connection with the defense of such litigation. Judson may, at its option require the Bandits to assume Judson's defense in any action covered by this section, through counsel reasonably approved by Judson. In the event of any matter covered by the foregoing obligations to protect, defend, indemnify and hold harmless, Judson shall provide prompt and timely written notice thereof to the Bandits. At least annually, on or before April 30th of each year, the Bandits shall provide Judson with evidence satisfactory to Judson that it has in effect all policies of insurance or 16 coverage required to be purchased or provided hereunder, including satisfactory evidence that all premiums thereon have been paid. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. B. Judson shall, at its sole cost and expense, purchase liability insurance covering its ownership and activities on the Judson Property, in the amount of$1,000,000 and shall list the Bandits as an additional insured. Judson shall protect, defend, indemnify and hold the Bandits, its members, officers, employees and agents from and against any and all claims, actions, damages, liability and expenses, including attorney's fees in connection with or occasioned by any act or omission arising out of any Judson use, maintenance or occupancy of the Judson Property; provided, however, that Judson shall not be liable for any loss, damage or injury of any kind to any person or property which: (i) arises primarily from the Bandits use of any portion of the Judson Property; (ii) is caused by or arises from any act or omission of the Bandits, or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the Bandits agents, officers, representatives, contractors, employees, licensees or invitees. If the Bandits shall remain a party to any litigation for which Judson is obligated to indemnify the Bandits, then Judson shall protect and hold the Bandits harmless and shall pay all costs, expenses and reasonable attorney's fees or paid by the Bandits in connection with the defense of such litigation. The Bandits may, at its option, require Judson to assume the Bandits defense in any covered by this section, through counsel reasonably approved by the Bandits. In the event of any matter covered by the foregoing obligations to protect, defend, indemnify and hold harmless, the Bandits shall provide prompt and timely written notice thereof to Judson. At least annually, on or before April 30`h of each year, Judson shall supply the Bandits with evidence satisfactory to the Bandits that it has in effect all policy of 17 insurance or coverage required to be purchased or provided hereunder, including satisfactory evidence that all premiums thereon have been paid. In the event of any matter covered by the foregoing obligations to protect, defend, indemnify and hold harmless, the City shall provide prompt written notice thereof to Judson. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. C. Judson shall protect, defend, indemnify and hold harmless the City, its City Council members, officers, employees and agents from and against any and all claims, actions, damages, liability and expenses, including attorney's fees in connection with or occasioned by any act or omission arising from or out of any Judson's use or occupancy of the Subject City Softball Field and the City's Sports Complex Property provided for in this agreement; provided, however, that Judson shall not be liable for any loss, damage or injury of any kind to any person or property which: (i) arises primarily from the City's own use of the Subject City Softball Field or the City's Sports Complex property; (ii)is caused by or arises from any act or omission of the City or any of its agents, officers, representatives, contractors, employees, licensees or invitees; (iii) is brought by or on behalf of the City's agents, officers, representatives, contractors, employees, licensees or invitees. If the City shall remain a party to any litigation, for which Judson is obligated to indemnify the City, then Judson shall protect and hold the City harmless and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by the City in connection with the defense of such litigation. The City may, at its option, require Judson to assume the City's defense in any action covered by this section, through counsel reasonably approved by the City. In the event of any matter covered by the foregoing obligations to protect, defend, indemnify and hold harmless, the City shall provide prompt and 18 timely written notice thereof to Judson. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. 7. Miscellaneous. A. That this agreement shall not be deemed or construed to create an employment,joint venture,partnership, or other agency relationship between the parties hereto. B. That all notices or other communications hereunder shall be made in writing and shall be deemed given if personally delivered or mailed by registered or certified mail,return receipt requested,to the parties at the following addresses,or at such other addressed for a party as shall be specified by like notice, and shall be deemed received on the date on which said hand delivered or the second business day following the date on which so mailed: TO THE CITY: TO THE BANDITS: City of Elgin Chicago Bandits 150 Dexter Court 72 S. Grove Avenue Elgin, IL 60120-5555 Elgin, IL 60120 Attention: City Manager Attention: William Sokolis With a copy of any such notice to: TO JUDSON: City of Elgin Judson University 150 Dexter Court 1151 N. State Street Elgin, IL 60120-5555 Elgin, IL 60123 Attention: William A. Cogley Attention: University President Corporation Counsel C. That the failure by a party to enforce any provision of this agreement against the other party shall not be deemed a waiver of the right to do so thereafter. D. That this agreement may be modified or amended only in writing signed by both parties hereto,or their permitted successors or assigns, as the case may be. 19 E. That this agreement contains the entire agreement and understanding of the parties hereto with respect to the various subject matters as set forth herein, and all prior discussions, negotiations, representations, statements, proposals, agreements and understandings of the various parties are hereby merged herein and extinguished hereby. F. That this agreement is and shall be deemed and construed to be a joint and collective work product of the City, the Bandits and Judson and, as such, this agreement shall not be construed against any party, as the otherwise purported drafter of same, by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict, if any, in the terms or provisions contained herein. G. That this agreement is subject to and shall be governed by the laws of the State of Illinois. H. That this agreement shall be binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned without the express written consent of each of the parties hereto, which consent may be withheld at the sole discretion of any of the parties hereto. I. The parties agree that, in the event of a default by a party hereto, another party shall, prior to taking any such actions as may be available to it, provide written notice to the defaulting party stating that they are giving the defaulting party thirty(30) days within which to cure such default. If the default shall not be cured within the thirty(30) days period aforesaid, then the party giving such notice shall be permitted to avail itself of remedies to which it may be entitled under this agreement. J. If any party fails or refuses to carry out any of the material covenants or obligations hereunder, the other parties shall be entitled to pursue any and all available remedies 20 as specified herein or otherwise available at law, equity or otherwise. Notwithstanding the foregoing or anything else to the contrary in this agreement, with the sole exception of an action to recover the monies the City has agreed to pay pursuant to the preceding paragraphs 3C and 3E hereof, no action shall be commenced by the Bandits and/or Judson against the City for monetary damages. Venue for the resolution of any disputes or the enforcement of any rights pursuant to this agreement shall be in the Circuit Court of Kane County, Illinois. The provisions of this paragraph shall survive any expiration and/or termination of this agreement. K. Notwithstanding any other provisions of this agreement, it is expressly agreed and understood that in connection with the performance of this agreement, including, but not limited to, the Bandits' use of the Judson Property, the design and construction of the Subject Softball Field Improvements, the design and construction of the Subject Electrical Upgrading and Judson's use of the City's Softball Field on the City's Sports Complex property, that the Bandits and Judson shall comply with all applicable federal, state, city and other requirements of law including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the foregoing, and not withstanding anything to the contrary in this agreement, the Bandits, Judson and their respective contractors and subcontractors shall comply with the prevailing wage act and shall pay the prevailing wages required therein in all respect in connection with the design and construction of the Subject Softball Field Improvements, the Subject Electrical Upgrading and in the performance of all other obligations pursuant to this agreement, Additionally, without limiting the foregoing, the Bandits and Judson hereby certify, represent and warrant to the City that all of their employees and/or agents who will be performing activities and/or providing services pursuant to this agreement, and/or who will be conducting activities on the Judson 21 Property or on the City's Sports Complex property shall be legal residents of the United States. The Bandits and Judson shall also at their expense secure all permits and licenses, pay all charges and fees and give all notices necessary incident to the due and lawful prosecution of any work, products and/or services to be provided or are contemplated pursuant to this agreement. The City shall have the right to audit any records in the possession or control of the Bandits and/or Judson to determine the Bandits and/or Judson's compliance with the provisions of this section. In the event the City proceeds with such an audit of the Bandit's and/or Judson's records, the Bandits and/or Judson shall make available to the City such relevant records at no cost to the City. L. Time is of the essence of this agreement. M. This agreement shall be construed, and the rights and obligations of the parties hereunder shall be determined in accordance with the laws of the State of Illinois without reference to its conflict of laws rules. N. The term of this agreement shall be from the date and year first written above in the introductory paragraph and shall end on October 31,2010. O. The Bandits and Judson on behalf of themselves and their respective successors and assigns hereby acknowledge the propriety, necessity and legality of all of the terms and provisions of this agreement and all of the terms and provisions of the planned development ordinance for the Judson Property adopted pursuant to Ordinance No. G23-08. The Bandits and Judson do hereby further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to any of the terms and provisions of this agreement or such planned development ordinance for the Judson Property and hereby agree and covenant on behalf of themselves and their respective successors and assigns not to sue the City or maintain 22 any legal action or defenses against the City with respect to any challenges of the terms and provisions of this agreement and such planned development ordinance for the Judson Property. IN WITNESS WHEREOF, the parties hereto have entered into and executed this agreement on the date and year first written above. CITY OF ELGIN, an Illinois municipal CHICAGO BANDITS, .L.C., corporation an Illinois limiter ity company By: _ By: Ed Schock, Mayor Its: 1a/,v Attest: Diane Robertson, City C1e JUDSON UNIVERSITY, an Illinois not-for- profit co oration By: f Its: V . ce •c- .• , r. R) • < t e- 9 : Attest: F:\Legal Dept\Agreement'Development Agr-Chicago Bandits-clean-5-05-08.doc 23 EXHIBIT LIST Exhibit A: Bandits' Practice Schedule for 2008 Exhibit B: Bandits' Schedule of Home Games for 2008 Exhibit C: Traffic Route for Bandits' Home Games Exhibit D: Definition of"Game Ready"for Field Preparation Exhibit E: Site Plan Prepared by Land Vision Exhibit F: Elevations for Concession Stand/Press Box Exhibit G: Plans for Dugouts Exhibit H: Elevation for Scoreboard Exhibit I: Specifications for Bleachers Exhibit J: Proposal for Outdoor Sound System Exhibit K: Budget for Subject Softball Field Improvements Exhibit L: Specifications for the Subject Electrical Upgrading 24 2008 Chicago Bandits Home Schedule Date Time Opponent 6/6/08 7:05 PM Akron Racers 6/7/08 7:05 PM Akron Racers 6/8/08 3:05 PM Akron Racers 6/9/08 7:05 PM Akron Racers 6/13/08 7:05 PM Canadian Olympic Team 6/14/08 7:05 PM Canadian Olympic Team 6/15/08 3:05 PM Canadian Olympic Team 6/16/08 7:05 PM Canadian Olympic Team 6/26/08 7:05 PM Venezuelan Olympic Team 6/27/08 7:05 PM Venezuelan Olympic Team 6/28/08 7:05 PM Venezuelan Olympic Team 6/29/08 3:05 PM Venezuelan Olympic Team 7/10/08 7:05 PM Washington Glory 7/11/08 7:05 PM Washington Glory 7/12/08 7:05 PM Washington Glory 7/13/08 3:05 PM Washington Glory 7/16/08 7:05 PM Philadelphia Force 7/17/08 7:05 PM Philadelphia Force 7/18/08 7:05 PM Philadelphia Force 7/19/08 7:05 PM Philadelphia Force 8/8/08 7:05 PM New England Riptide 8/9/08 7:05 PM New England Riptide 8/10/08 3:05 PM New England Riptide 8/11/08 7:05 PM New England Riptide 8/14/08 7:05 PM Rockford Thunder 8/15/08 7:05 PM Rockford Thunder 8/16/08 7:05 PM Rockford Thunder 8/17/08 3:05 PM Rockford Thunder All home games will be played at Judson University in Elgin, Illinois. Visit the Bandits at chicagobandits.com for the latest news and information. Call us at 877-7BANDIT for tickets. EXHIBIT B Proposed Traffic Route • „.,.., ________ ..,.. !.,,,,_ ...„,... .,,,„ _. . _ '. ..may ■ _ • 0 ,:..•,a Li 1 ,. / ' r c. C Y `! Q .i• „ ' ' P, �I , p '''';'—' a -\.....4......;:r..\:„....„ f...-.4\„...........____, -_,,..-. VI :I_ . "-dr '"-- rl y T _... 4 I NI,VISIr1N EXHIBIT C EXHIBIT D Field preparation as"game ready" shall be defined as follows: • Equipment to be provided for play include bases, gypsum, dry lines and painted foul lines and out of play lines, drying agent as needed, double first bases if required, and home run fences(temporary or permanent) at 200 feet from home plate. Proposed Chicago Bandits Site Improvements C"3 i . fir ....--a,... , ,,, , . , *...;—, J" �. - _.rye' •• ssYy /t ��\`'l •L - iI a 'Al} L"4 g,_hs_ " •1 .a '�+i . ce _ r wVr .st/�: � ,q• A iii' l I ' g tt■ y '`1 i� MCfI`?f.- r ';1 3'13.3 ' '.5• yv- 9 F a..i 4 j,k1.i. �P P A5 AL}:`' till !.1hl1�I511h EXHIBIT E 4'-4" 13'-0" 4'-4" FOOTINGS: 0 0 - - — — 16" Diameter Footings 42" Below Grade. Reinforce with #5 Rebar. 1'-4" 1 0'-4" 1-4" co Provide Rebar Connection Between CO ti Footings and Slab. 0 0___71x __ __ _ — -Q ` ' ' Provide Mtl. Mechanical Fastening for s Posts. O 0 7 O / 5'-0" 11'-8" 5'-0" / / EXHIBIT F 22'-0" / ' FIRST FLOOR 5'-0" 6" 11'-0" 6" 5'-0" / / 6" // / Main Structure (MU.): //ir Fr rww5.5.175mml 7 — — \ \ 16Ga 16" Mtl. Studs @ 24" O.C. 16Ga Mtl. Headers & Flr. Jsts. 0 0' .: O . Slab on Grade over Comp. Fill 00 �;;, Eo 9 3'-0" x 6'-8" Doors with Lever Handles - 5'-0"x4'-0" Residential Slider Windows . q \ 0 InhIllIlnI! Stairs (7111 Rise/Run, Wd.): • — — , — — 4x4 Treated Posts 5/4 x 6 Treated Decking Treads kr / 5'-0" / 12'-0" 5'-0" / j 38" Ht. Treated Railing and Balustrade SECOND FLOOR 22'-0" / Main Structure (Mtl.): 5'-0" 6" 11'-0" 6" 5'-0" // /// / 16Ga 16" Mtl. Studs @ 24" O.C. w/ 5/8" Ext. Shtg., \ J `, 3.5" Batt Ins., 5/8" Gyp. Bd. Interior U - � - � � 16Ga Mtl. Headers & Flr. Jsts. w/ 3/4" T&G Subfloor o , o t-:;• 16Ga Mtl. Headers & Rf. Jsts. w/ 5/8" Sht., Felt----4 - r Eo - ao Paper and Asphalt Shingles 3'-0" x 6'-8" Doors with Lever Handles o '` 5'-0"x4'-0" Residential Slider Windows Co u Decks (Wd.) and Stairs Stairs (7/11 Rise/Run, Wd.): tt 5'-0" 12'-0" 5'-0" ' r i 2x8 Treated Flr. Jsts. @ 16" O.C. / / / / 4x4 Treated Posts 5/4 x 6 Treated Decking 38" Ht. Treated Railing and Balustrade bap MP" IIj!ii• West Elevation (Mir: East) North Elevation South Elevation East Elevation /3'-8" ! 1 0'-0" / 10'-0" / 1 0'-0" 3'-8"/ ' Metal Fence • GaIv. Mtl. Fence Col. 0 :cc!) }_ o tcr -- Bench ---' CV ' N N I -- v 4" 37'-4" 4" 38'-0" FIRST FLOOR Main Structure (Mtl.): 5" Slab on Grade floor 16Ga 16" MtI. Studs @ 24" O.C. w/ 5/8" Ext. Shtg., Cement Bd. Siding, 518" Gyp. Bd. Int. 16Ga Mtl. Headers & Flr. Jsts. w/ 3/4" T&G Subfloor 16Ga MtI. Headers & Rf. Jsts. w/ 5/8" Sht., Felt Paper and Asphalt Shingles EXHIBIT G Asphalt Shingle Roof 6" MtI. Fascia \ 8" Cement Bd. Siding o0 N. Side Elevation Rear Elevation 6" MtI. Fascia Metal Fence Galv. Mtl. Fence Columns iv'3t'.Y•'�::a'Tp W Mn':} d 'o y:.• °?'t °7�'.° $yt. :.;:�, \ I t L L c0 � ti�s 0W. ` �s da •'rta L N 1 t OLy0 �iL L • tt . .a . )' h � • LL 4 ,L4 e aaii.$ I II. O q Section I Front Elevation $,_O„ I APPLICABLE CODES: BLEACHER DESIGN CRITERIA INTERNATIONAL BUILDING CODE(IBC)2003 INTERNATIONAL CODE COUNCIL;ICC)-JOD.20'32 EDITION J UD S O N COLLEGE PESCI. LOADS• ELGIN, IL LIVE LOADS: UNIFORM LOADING-STRUCTURE w 100 PSF UNIFORM LOADING-SEAT MO FOOT PUNKS w 120 PLF SWAY LOADS: PERPENDICULAR TO SEATS- 10 POUNDS PER UNCAL FOOT PARALLEL TO SEATS 34 POUNDS PER FOOT NEW BLEACHER SEATING WIND LOADS. BASIC DESIGN WIND SPEED. 150 LPN DS.PER(EXPOSURE EAL RAIL LOADS: UNIFORM VERTICAL LOA3 IDs POUNDS PER UNEA FOOT CONCENTRATED HOR120MA_HORIZONTAL 50 POUNDS PEP UNFAL FOOT `CH`RS MUST E ANCHORED LOAD_200 LBS 36" ELEVATED 15 ROW x 121 -6" BLEACHER •NOTE:ALL BLEACHERS YUS BE ANCHORED TO MEET WINO 10A05 SPECIFlEC ABOVE GENERAL REZU'REMEIIT'_' A) The site on which the Peacner,S to be paced shell oonelet of a minimum soil bearing of 1.000 pet B) The site shall be clear of all obstacles(is light poles,dtitties,or other obstructions), unless special conetNdion is specifically'toted In the Bid or Quote. C) The surface may be sloped a of 1/6 Inch per loot for drcinOge. The maximum erali out of level slope aerpenac for to the seats(front to rear)stall not exceed 2' and parallel to the seat.(end to end)shell not exceed 4'. Veriotione in flatness Shan t exceed 5/16'below o 10-loot straightedge. Bleochers shall be anchored to resist overturning from wind forces, one to be in compliance wen many low codes. • • SPECIFICATIONS CUP SETS SCOPE FROM WALKWAY Shell quo:ely connect seat one toot plank.to the supporting structure se o Provide new ble0chere ail designed by National Recreation Systems.Ire.consistrg There shall be a front wakway 36•high and 63'in clear width and shall be 7 to transient 00 design bade to the undenetnuctune mwmbsr..as specifled in the of 1 such unit(s).15 rows high a 121'-6'in overol length.with the=ammonee plonks arranged Side by side to foram a sale walkway plotterm. WOlkway plonk weigh section. All planks snail be connected to the supporting structure using and Restores defined below. Net seating capacity of 993 f 10 11.0, (not Including shall be murninum, ran-skid surface nomMay 2'a 10'Mtn a wall thickness of lour-way adjustable clips.carriage bolt,,ens flange nuts of 5/16"steel witn o aisles, booed on 18'par seat). .078'. Undsestruoture shall be construdted from some materials as specified it not dipped gaNan'aed finish. Mentrueture above. Front railings mail eonlsl or a 1-5/B'OD lop horizontal UNDERSTRUCTURE pipe roli.and intermediate horizontal pipe roil and a 1'a 6'tceboard. Rat GROUND SILLS The m0entruct'urs of edeti Unit shall consist Of a canes of frames.Standard pipe shall attach to upright memOm by means of heavy duty tension oands using Shall be a minimum of 2'a 0'nominal bmbe', pressure treated(Wolmanixed)on dimension we B'des per row, 17'height of sects above foot plank,and 24' 3/e'diameter con-loge bolts.lock washers end nuts with a hot dipped golvcnued otherwise reneeree resistant to the elements(in occordonos with CCA depth of row Frames shall be steel angle,ASTM A-38 modified ens be hat dipped Oriel,one consist of Internal spice connecters,elbows,and pipe caps SpecIicatans),and fastened to bleacher base with zinc plated log screws. galvanized to a retention of 2 oz.zlne per foot otter fpbdealion in accordance mechanically fastened. with ASTM specfcotion A-123-73.Each frame shall be nt-welded,using the ANCHOR SYSYTEM meta finer gee method oy quoldied welders,under guidelines establishes by the ENTRY STEPS Anchor[slat. be fled installed as per drawings.Monors snail be Minute Non ) American Welding Society. Each Nome mall covet of vertical,Mrizontol,end There snot be 2 sets of entry steps.Frames snot be o!mill whit,aluminum /4430 DH(30'double helix) attached to bleacner frames by Minute Man•44016 diagonot treeing to support the seat and f not planks as specified herein.Bolted oriels. 0061-T6 or mechanically eoulvalent and than be 31'high and 63'In cea- buck'.strop and ettaehee from strop to auger by Minute Man F 44015 Strop Bolt. 11 or otherwise mechanical fastening of each(rame's components will not be width.Cue-droll and handrails anal.be orovided for stairs as nau'rred. Stain shall °temptable.AI crossaraing a to be of aluminum angle 6061-16 for mechamCaily be aluminum,non-sold surface nominally 2'x 12'with a wall thieknese of 070' .reamer System Prone.lypaoily 01 6'-0'0.c. equivelent).ond 'lathe it number and location to sustain design foods. Bleacher frame base uniform'Leto leading D.L+ LL. 700 elf(urfoctorec) GUARORAILWIO Bleacher frame lases unNOm oinc uplift Ioocin5 200 elf(ueIoctoretl) I SEAT FLANK The railing shall consist of upright members of msi finish extruded aluminum Seismic Loading aseunifor h per local requirements Shell be elunrinurn.nominally 2'x 10'with wall thickness ea/iriM.378'.All ongte. Heetental members shall be of extruded anodized oiuminum tube 1-5/E" O_. eat plonk shall be of aluminum alloy 6063-T6.and hove a clear'radio'Ming witn a was thickness of rest lees than 140')eohedule 40 pipe). Rail pipe shall WARRANTY (20461)copied in accordance with MS Stardom'M-U10_22431. aPacn to upright members by means of heavy au:y tension bonds using 3/0' The above sea carry,after paper erection.the following warranties: I diameter carriage Pals. lock,washers and nuts with a hot dhoed galvanized finish FOOT PLANK and consist 01 .nternal solos•connectors,elbows,onr rope cops mechanicato Shod be aluminum,non-skid eurfoas nominally 2'a 10',footrest shall eonsbt c fastened.The guorerailing system Shod be a cnoinlink ryntem consisting 01 : 1 Year - Failure of strueturo s:rengtl Ir.any component. 2 such plank with a wail thickness nominally .078'.Aft loot plank.shill ow of r .i0e roils and 2 back roils, with a top rail 'eight of 42'and c maximum opening 5 Years -Anodized finish of soot park. aluminum°Noy 6063-16 and be mill finish. of less than 4'. Guanral shell consist of 9 gauge,2'men galvarieed YFt171C11.RISERS croinlink lobric,tension bars,bran bands. combo roil end.cops end wire ties. Camole:e written warranty available UPC.'guest. Vertical riser plonk shall be provided between seat and fool plonk. Plonk shall ACCESSIBIUTR PRODUCT LIABILITY INSURANCE amount be(2) 1'x 6'at row 15 and 1'a 6'on rows I - 14 with a well thickness Aeimpoie.eating areas to the disabled(those confined to sneelcnalea and the habit h Product liability insurance is Carried for the life of the product in the a unt I ominoly.078 AI rifer plank shall be of okumintwn alloy 6053-T6.and be min 'impaired).shall be rpraviaed aaording to NISI 4117., 1BBS edition.Access to&devoted of$2,000.00C , finish. End cops shall be field installed using mechoniod fasteners on dl vertical coating facilities shot be not lose than one(1)romp meeting fns required ace e sninlhy risers standards. Ins romp she'I be all-alanninum complete with guardrail,hendrelt, and wheel guides as required. AISLES Aisle footboards sham be of all-aluminum with contrasting aisle trarkinos.Three ENDCAPS diets stiffener angles shall be used to strengthen the'wale eke. There shall Snail be eetnuded oluminurn.6(63-T6 allay,and hove a Peer anodic cooling be 4 rester,54'ride,iateted es required by the applicable cores defined'save. (20481)copied In accordance will MS a'-p rd M-M10C22A31. All end caps are National Recreation Systems, Inc. AISLE HANDRALS aradaed sad shall w field installed. Endcaps shell also be mechanically When then s seating on both• es of the aisle.hnndrain located within the fostenned on the underriealh side 0t Meh plank with rronle and nwe smooth egged P C BOX 11487 FORT WAYNE, IN 46E58-1487 aisle shall be di.cort�nuow witn gaps a'break.at intervals not exceeding 5 for solely. rows to(militate=tees to seating and to permit crossing from one side of the SPUCE CONNECTORS I able to the other. These gaps or breads siall heve o clear width of of least 2 Internal splices,where required mall be two per joint,tauminum alloy 60E':-TE. i COVB01522 - COVER SHEET MD SPECIFICATIONS inches one not greater than 36 inches,measured horizontally. Wirers noneroile and shell pe.irate the joint a.minim d E'it es&drecup- one be riveted of .1512106820 - .,6" ELE\'. 15 ROW x 121'-6" BLEACHER SEATING PLAN ' dr.omoaad In the middle of rile rain.then shall be en atenned ate one enc only to allow for ccntrac:ior minimum el:pan to., Z'J6-.:C-3000 - 3E" EL:. 15 ROW' BLEACHER SUBMTTN 1 handrail located 0poraxinatey- 12 inches below me mar handrail.The honaroii SUE -0200C• TYPIGA_ UCAT1::AL AISLE SUBMITTAL snail sec how raunesa terminations or sends. ` Sub-APP-3cDL - 3E' ELEV. ENTRY STRIP. SUBMITTAL 1 SUB-RM°-0000 - "'P. RAMP SUBMITTAL SU6-1-CELEv-0062 - TYP, HANDISAP SEATING AREA SUBMITTAL i I ANCEC151?B.i - AUGER. ANCHORING FOR ELEV. 15 ROW BLEACHER ODETA.130 26 - ASSEMBLY DETAILS J -_ EXHIBIT I 141i-4' 13'-6' " 25-6' 25'-6. 25'-6" 13-6"-. II E U.0 I re P.P. REAR 4-5" 4'-b' S.ttP. I'! I GUARDRAIL m END O.M. P051 \ 111■115. 8.1.1111%. 111Mmanunnwan•ONE■MraahlifillinTeard 1•111.09 GUARDRAIL I Posey\ ! SBinrMr������iiLIrMM�r��ii���a�i� 35'-1i' \v��i� �� ��I 35_"b. e■-�..� �� e .� ` �. w.�- �� . ---- I 115'-0- C_EAR 7 I _ JI �. I G4AR I. 5_6• -I 5•^6• I �-- k it I I 1 I 6i �-)' .J I i'_6. 1 y IP r c 5-6' CLEAR I T1P FP;,IAI l TVP AISLE_j i GUARCRAL HANDRAIL 'CST SECTION GROSS ACTUAL NO.OF NET • LENGTH SEATS SEATS ROWS SEATS I 121.6 81.00 81.00 1 81 ` I 13.5 9.00 9.00 14 126 I 25.5 17.00 17.00 12 204 7 4.67 4.00 2 8 4 267 2.00 1 2 3.5 2.33 2.00 1 2 ` 25.5 17.00 17.00 12 204 I 4.67 4.00 2 8 13 0.67 8.00 2 16 25.5 17, , 17.10 12 204 3 5 2.22 2.00 1 2 C 4 2.67 200 1 2 , 1 If( 'C 4.°° a Nat[onai Recrest[on Systems, Inc.'C.5 9.00 9.05 14 129 Thiel o o.mc end o1 mr t art ,e 1 I 1 I h Is the A.!ANTICN RECREATION I NET SEATS 843 S u- INC and c es rep-o aced P.O. BGK 114&7 FORT W'AYNe, IN 4'SSS;4E7 WHEELCnAIR SPACES 10 I eitheue•pron written P606.6 0. tme 'SCALe IwePpo e�. Imo"ei RII nu^cc r n.T.S. i '0TALNET SEATING CAPACITY 1003 ' for u itnoi:edwu.ee%assume ego,{nr t,onn; (rare j+4L+0c I - - -__ I (EASED ON 18"PEP SEAT) 1 Recreation System.,Inc. �s not responsible r1TTLE: 7 or lam,Pe•mrte and...money reauiremen-s. t 36" ELEV. 15 ROW x 121'-6" BLEACHER SEATNG PLAN I CUSIOLER: !DRAWING 5211 - -'1" .:p D"cB 2711 :5' ii" ---' ----- — -- pP R CnANLNit /-FA3PIC I •••�•.1.v'X11 1/r L4.41•:•:::i I Tro.REAR 'VO ••••x•1.1 JARORAIL 3-9' r GLARORAI'_ ti►,• I �PCST ....-/----- OPENINGS '.V*� A`ESS THAN 1• ••III I/ 4 1 4.4.C..7.•1• Ti I, TYP.SIDE ' F••••1•_oQ;~tea I'. GUARDRAIL �•11te�4•i� L'1f. .�►J.! ` 7 05T \ �/ 1 }i `'I',1- I� I- Iw�; ,_` �_DL.. tee I:N' II TYR.ALUMINUM PPE-..\ II SIDE CHAINLIN<FARRIC 1.6 RISER((PLANK \ ..le I_,F��i�i ' • I (2f 2.10 FOOT P_ANI( \, _ ! 1 I I j tttt FRONT CHAIN- � r'� _ - ` r INK i'I,3R.0 �-'h�•1••1 I 2• LL +\ AR/ _ �•�� / 'may•1's�• .. I1: abh•.,► 8.-171 4 _ , 1,. Bg: (RUNT 11•11g=,11ep•1 '_S• l 11 _ _ _ CUARORML- I �••��11�••r I t 1.�.��, ��I____ -_ 12.-3;'i Posr -_.�d���1s4�� t _ b -•1 I r- /71 1 I 1,5 FF^N'WALKWAY �I .�_i��� III .. j��TOEI?OaRG 1 / I 1 / ��II.� /I ! / , 1 _ SoACER3RACE ' (7)2e1D =RCN WALKWAY°LANK � �--� I� _ 1~- I I • __________ / I i l / �I I I { / 1° %-BPAJNu ELEAATION 1.1' I I i I /! —� - - fr I T 1 r i• 33'-11i,' NOTE' ILLUSTRATION SHOWN WITH DOUBLE FOOT PLANK, 1x6 RISER(ROWS 1-14), DOUBLE 1x6 RISER(ROW I 5f,8 CHAINLINK GUARDRAIL.PLEASE REFER TO ATTACHED SPECIFICATIONS FOR FEATURES INCLUDED WITH YOUR SPECIFIC BLEACHER. 1 'Ns snowing ono all Informer/co_on LOined National I R c eailon t m s. inc. I herein n the property of NATIONAL RECREATpN I ! E7STEM>, INC arid i- not a u. ep-oeuced ! P.O. HCX 11487 FORT WAY!�E, IN 46858-1481 ! w'thout express Initren permissior of thir. ,�„aL-T._ F:.T S iAPPRCRED DT !I%2ANN e'r: 1 manufacturer Ws ass../me no responsibility Imo, 1/_4,. _ I I NM I for unouthoroed u P of this ofasins. No5oM: "' I Recrsotior Systems,Inc. '.s not reepenalhb TrtL E for local permes and occupancy recua.mente. SUBldll Ill.: FOR 15 ROW 35" ELEV4TED BLENCHER ! ILIA Mk- I f/RA.1 .0000W 1 i SUM-t15-36D0 TOP VIEW OF AISLE WITH DOUBLE 2x10 FOOT PLANK (HANDRAIL NOT SHOW,/FOR CLARITY) BLEACFER FRAME/ EOUA� I EQUAL —--{ ' lx, I /-2x10 SERI FLANK TYP AISLE HANDRAIL 1 Ipf III I / ]I u u El I ) / DOUBLE 2x1 1 1 1� /,/ FUOT LA,,,K I TI n n I`I I°I I / ---------I° , I�— Ll I 1.- u _ \ , 7x'0 SEAT PIANK �� \ \ , 'NON—SK C RIE3d:U \ I ` //,ALUM.N'JM SURFACE 111111111.1 ( �\ 2x5 AISLE V % IIi\ \ P,ANK , -Yp AISLE STIFFENER t (2) 2x15 , �7RACKET (3) ') I "OJT FLANK 1A 1 I 2r5 AISLE i ■ ��uIN.�� RLAN<1 '\ i III .1 III•I I _'i 1 � X' - - I I E 1 1 _.'i I _ WINI _\ ,...,1 e ��—nsnE RaL/ nUNGE eS5E4ely ,\ �I �` I 2x.NSLE au'H• , \ —DETAIL A AS/c ANpy?`_D i._�� 1 i t L— �\ CDN RI,STING CMG"� 2 , .-, pi` `� � • e 1 NOTE: —MID-AISLE HANDRAIL NOT TO EXCEED 5 ROWS. \—A,s_E e-:<.KEr ' (SEE SEATING PLAN FOR SPECIFIC CONFIGURATION) i 1 hANpPA,FPI,_{;Cy I I i-� b RSER I This dre.;nc ene ab inte.n,etien eentan.d INationat Recreation Systems, inc. ner>n it the prooert�of N6TI0F/L REOREA7:QN <, O. Sox 114E:7 FORT W'AYNE, IN 4^0858-1457 1 r A Ir. i th,uF5,INC.IN^, er.d I:no'.;r p-re0 tuced ^Ithout e.nr.es antler V pernblion ore the ■SCALE, N (/4446, ,Ea. JMWN B': rurocturm. We assume nc r eoe rmict. `7 JL$ far uneuth n r@ed use al!ha em.Is; Ni•fenei ''1655 L/._'.J J�J__..r.._ Pr' ..4 p�„/ �.____ ) I FeCnation syetent. Ine.le not<Mporoide TCTL ` For lo<el permit,Dee o_//pony re jo-nerts. VEKifCAL AIS_E SUBMITTAL f i DRAWING NUr4'JSSR; e I uSioM F SUB—'JA—DC OD) III DETAIL 1 Iti .CHAINLINK FABRIC (A-MAX OOEAIXC) 440 'e II IY'SCND. tD 11-SC HD.. 40 PIPE / �, \ N\ I' ',, ' FUNERAL ATTACHUCN7 DEVIL 1—\ / II aRACKFr N:� . I • • \-APPFDIC H S1EP PDS- PI j I:1} 2XA ALUMINUM iDa HAND I /PLANK WIPE `\ / I � r I �FRONT WALNWA" ^ / P ANK /y �, f Dc TAIL 4 ..../ i,.,Prus0 ....- 1. .��— I \10P". ti 1--- (TEP.),7" ...0 ...010 TR1;-' � I .11 T Ja- ,,,.._,, ✓ 1, 'h,/ / / Y 4 i I-DETAIL 2 d►r , � �/ i�x . //,/ j �� • 1 1 1 �' I+/ I II I 1 This drawmq and oil informetlon contained IN/atonal Recreation Systems, inc. I .Ins pronnr.y of NATCNA-RECREAT,JN 1 P.O. BOX 11467 FORT. WAYNE, IN 45858-14E7 $'STEMS.INC and w a of to be reproduced ...hell'.'.Press written Permission of this i>=AL: ^_T.0 i APPROVED EW: iiDRAMN En { manu(aclurer. We use ne recoanebil'ly IY,TE: A ir,— 1 tar uncuthonv': u o: 'Ss.drowin(. Nohonoi :1 L i-' Recreation S;steme.s Inr. not responsible TELE. I it.local aernne on. ueancy�eepremen.e TYPICAL 36" ELEVATED ENTRY STAN? SUBMITTAL I CUS-OMER. I DMMIN;nUAEC1• SIU3—APP-360C1 NOTE. CHAIN-1NR FAPRIC�\ SEE SEATING PLAN FOR RAMP LOCATION&CONFIGURATIONS. 441.141 GUARDRAIL PIP.r\ \ 1 \ ALLM HANORAI PIPE-,_ A \ ��i!'�i / r.. _w„,„•A— .ems / i`'.'r igdr BOI TOM HANORAI __��---- _�._--o, Ia�•��..♦4.1, RC'.SRN. �r V ALL ,1•��•« hi���y��== l 4 GJARDRAIL 11141141 —1�: ��.� / j i ` OPENINGS ( '1 IM it441411% C \ \ I...12 --I I 'e 5'WHEEL OL ICE ) / _'I I PROW WALK'NAN J ' _�����.�_.: \ OR RAMP LANDI\G A SLOPE TPAN$T Dh PLATE ,_ 1 8.33% — I FIII \ DETAIL TA IL'I cJly \ i II G 6 ' I ...„...-..-WHEEL GDIGES----___ i 1 rt5),\ 1 NOI:-$K:C'. ,,,,B.,,C, \-OETAIL 2Y t i ALUMINUM S URFACE \ -10' II 1''„;* GCNED. 42 i i T ANODIZED ALUM PPE I 5.-ti CcAR 1 ` ' \HANDRAIL ATTACHMENT I DRAGNET \\\-RAM' RAIL 'DST vAFlrc_ \\\.\ I �// TAfs ora.!ng one a1 tnrorr•�oucn coma!ea i EatlortaE EteCE'E? tEan Syserns [roc. I n n the Propert or N TIONA• RE REATIDN I F,O, BOX 11487 FORT V AYI E, IN 49E5F-14ET 1 S.STEMS.INC. CR' S not t !X acme e- w+_ APPROVED N — DRAWN BY:--- ---- 1 -,N LL ! t I th ' Drees writer a b.oI the a/�l n.l.� '! Dour .t er we asmm:no esa nabmr nen ,L,_ ng� 5�3�C7 JLB v .� i;, otzed us. or n a v N r -I -.G.IC \<. �..lV//I,\//,'��\. t �.\!(\��\%�\/�<:.:�\' _\%' I R ..aaon Systems,inn po b� '' JTTIE. f SECTION A-A or local De mne ono rcuvoncy re.u emems•r I TYPICAL RAMP SUBMITTAL USTOYER' DRA0.'IT;; ,EJ11dE'a 11 1 ... ..:-,,, 5/9°s NANOICAP �UARJRAfL 7L8£, _\ r``' i-HANDICAP GUARDRAIL POST 1 FROM Z SEAT `\:l 000- 'r6 HANDICAP RISER FLANK -^_ONiNI0'c ,E RS£R NRJW 7 SEAL 44A 1 RISER PLANK ^.\v'N %RO NT 1.4 /,,,,,PLANK f /-/e " \\400, ilZ _%%%. 1J 4OP' ‹, 1 , -\\41111, j . ...., \ 1 1 1 1 1 r TM,e ero.,w9 end iris ,, . _a tense {National Recreation Systems, [nor I herein in the property of FMTCNAL RECREATION ; 1 ( sT*EUS. m^ and Is not to be reproduced P.O. BOX 11467 FORT YYAYNE, Sk 46838-1487 ! without express written permiesror. at this SLIT: N.T.S. IAPPeOVEL D`. �DPJM'N�: '} I mo-u^ecwro.. We aeeurro no resPonsioaay -G2' PB�I e./:.�,- RM I for u t,,tnnri:ee.,.e n•this otnwinp. sib,e al . ∎V!1 Z..10� _ 1 ; Recreation Systems, Inc.: not responsibe T,TLF: i' for loco(permits and occuponcy requirements. TYPICAL HANDICAP SF_i:T'Nii NREF, I DRAWPS,v_o9nP f c 1 E.lSipuER. i SUE—tiCc Lam.—005< • . DETAIL"A"•GROUND SILL ATTACHMENT DETAIL"8"-ANCHOR HEAD ATTACHMENT GALVANIZED MLEACHER FRAME l 1 ANCHOR 51R5A ' /5,'!F. 1'LAS S.".REW ANCHGR /[STRAP-s AD T� \ 1111 __- I I G TO Mir s ...... '2x6,R[A,EO ,���j�����,A% .,Nx \� , 1 \\.1 GROUND<.LL \/\\��\� I\\\/ J____,..., il J it y�:.______.:, • ,I---- — ni 1` --wE I „: I I 1 r.,-- -iiimisi __Ili cam- \ A I I I h —4 MI ?rill �r / \'�WITHANI?l;Lc A-/HISS END. / I / ER,AME PLS. Pi;k ANCHORED DETAIL I I I er I I I MIV'OIE MAN ANCHORS 5'-0•_ LOA'G 2.5'REAIEO I lb' D'_ION; 2x6 TREATrD 1(-E-t IOM:?x6 TREATE:r 1I 1�'-0•� LONG 2.6 7REATEO NMA-9: 11]0-E20H3/4 GROJND'_�_ 1 Ib GROUND S.LL I {I DRJU:ND SILL ORCIhD SILL Li MSC. 10"ANC,-.0. IT j IVO (AI TERNATC FRAME ;IVES) 44 6 4. a le x The drawing Al inforn,a,;er con,o)ned NationaI Recreation Systems, Inc. I herein is the Drooerty of NATIONAL R CREATION FORT WAY NE, I I ! s,TENS,IN". cnd is not to r_ reproduces P.C. 9Jn S:4E7 OP.- Wk,N_� IN 46ESH-S4- —— eitNOU,MFG,.written pe•n,s on o1 the s(AAE: N.I.S. 0 55P15t,6s: •DRAWN e,. I I m nslocmrer We assume no resocnmellry Irony, ,, i24/rq PI'• I ;°,�no,rlu,r;l.r ,„,:nor his drn.inD. Nnsnnrl _ "--_._.I I Recreation Systems. Inc. not responsible 15111L: 5 _ j `([{ to:local permits and occupancy requirement: AUGER /INCHOR)NG /LJSN :UF.: ALL:. ROW B!EACHEK J! I I ;,`,.STONER: 'XMASS NUN6ER. <NCc__, -,_1 e-YP X-BRACE CONN. W/ 1% BOLT g TKP X-TRACE CONN. w/3" BOLT TYP 2x10 PLANK ATTACHMENT 1 -YP 1x6 FLANK ATTACHMENT e_TYP 2x10 ENDCA° ATT/.CHMENT 4O'YP 1x6 ENOCAP ATTACHMENT 7-BLEACHER E1ALG BLEACHER 870055 3/I6 POP P.NEI 1/1E POP RNET 1YP x-nRACING 2x10 PLWK(OP-SIDE DORN) \ -.x6 PLANK(UP-SIDE 00080 5/16 CMRNDE DOLT TTP.HOLD DOwN CUP / -TO x-BRA:E F_ II/^ TW.NOLO .e' 5/16 CVRROGE BOLT • i. I,� DOWN CUP ii i I ' FIAMGT NI,T \ Allil rBOL7 d ELINCE NUT All,l 4I) 1i■3'HEX ND. 1 - y /'FLANGE NUT , I • `•� ' `BpLT k r.ANOC NUF PW W'/ • \ H / Or TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE NOT TO SCALE WO ENCCAP NOT TO SCALE 1.6 ENDCAP TYP 2x10 SPLICE CONN. e TYP 1x6 SPLICE CONN. ei REAR GUARDRAIL POST ATTACH. SIDE GD. RAIL POST INSTALLATION le VERT. PIPE DETAL (NE-SIDE•BOTT.)fa VERT. PIPE DET.-ELEV, SIDE, BOT. ,2010 PLOW(UP-SIDE DOWN) VP.106 PLANK II ATTACH CASING ai N RFN&E '„ , pylDWR.ear 60L'.•T,xNO vT. 01 „is.,. orro Tri_•PLS.EA POST. i I�i ��' 90'E'J30W k(2)3/6 OCT SCRD4 ADJ.ELBOO(BOTH ENOS)� 1• >�P 106 SPLICE M BOT4 0805 Co. j1 3/16 POP RNE7 i\��` ` nK y \ ASSSat �b ' v*lit.vIPE-At' i41i \ A REO. \\� ` VERTk WSI TO I` Or swan RWU6. * I 11♦: ` 3/x'KX :1�C111 1045104.BAP-b'LONG 11111 ice\ T NO, V TO WI''II�1 j IG6 IN:• i UPPER MY r. .11 1 •2' \\T 11pU, 11 / ILW10.eLs. ' �r !N!!/e OCK/ ♦ OCI(TRIAGE BOLT, TIPE a\` -56 RNL 7;r �, ACS Ip �S7 P:.-:� • 2010 PLANK(LP-010`000681 I Q�E 3A ON 0 S3iEVPANK \.• PIPE CAPS D 11 'H NOI TO SCALE -1.6 P{µ4 NOT 70 SCALE NOT TO SCALE MT To ROME " VERT. PIPE DETAIL SIDE, TOP v VER PIPE DETAIL-REAR, TOP 11 PIPE COUPLER INSTALLATION v VERT. 0IPE DETAIL FRNT.END 'TYP X-BRACE CONNN, W/ 114 BOLT;IF,RB-2'0/BOL1 DETAIL •r d FANCE.NLUT.RRI0.GE BOLT. ♦�'Ia° SO ELBOW. M BO-M ENDS. 3/le POP BOOT _ .. REAR POST `I (9004 ENOS) 3 I 90•ELBOW k(1)a1'SET �I; RISER BRACNFT BLACKER FRAME I! 'NI COMBO RAIL CAP,M BOTH ENDS -M x-BRACING (RB-21O/BOLT) -. SCREWS TYP BOTH ENCS iI VERTCAL PIPE-41' •. I 1 \ I ii, / �� 3r6 a 1%'IEx 1005104 BANG,16 CARRUCE ,� 1 TENSION BAR- 34'LONG t, NJ BOLT,! 4, ' 4 BOLT,LOCI:WASHER!Kr♦ TENSNM BAND.k CAKRAGE 41 NUT,TVP.3 PER VEER.PIPE \ \ % FIANDE Ntfr 1 -ran.. OK PI01 v k NEx I � .♦ 1, ran.1TP.3 PER VERT Q i �♦ / ■ I 11 ♦ VERTICAL PIPE-P.' 1 - �� �I VERT.PIPE- 34•LONG 1'♦ O, TFHSgN BAP.-56'LONG 7111 I' ON -A' I:0,RNL OPE! \�'� ( \ , 101 •1 I ( "�_\_ TENSION BAND,4i CARR.� I /� ' I ooPeD RAIL CAP(30TH ENDS) 1 SCI �� ♦ / BOLT,LOCK WASHER,k MOLE BANG,E'N CABBAGE I HEX NUT TYP 1 EA VERT. LI, -• E BAND(BOTH ENDS) /♦i I. .•LT,k FLANGE NUR. I PPE COUPLET-r PIPE Ii, 1{••III"NEB H0, �1 ♦� M.BOTH ENDS. / I BOLT k FLANGE NUT NOT TO SCALE IL "!"Tara Nor To Sbli I NOT TO SCALE G0.RAE PPE NOT TO SCALE ` '10. TO SCALE NO7 TC SCALE el VERTICAL PIPE DETAIL (REAR) IN SIDE OUTLET DETAIL I VERT. PIPE DET.- SIDE TO° Ie T'P 2x5 PLANK/NOSING ATTACH. t??TENSION BAND ATTACHMENT 1\_AWUSTABLE cLeow 1, 5/16 CNUTAUE 8011 BET. OP D6DW 8(2)I/ SBDTH ENDS d• SIX OUSEL ELBOW \ / ♦11�� BOTH ENDS c` NTER Ir T+ _ rTYP.HOLE DOWN CUP ICE III, ) S_•p ' j ',VOCAL PIPE-.1' .\ �N051NG 1• r -1 1• I �RUwwA II. 1"P TENSgE SADO '`IP w10 r /�I EOiE/iR8 r� TEVSON MP-46'LONG r TYP 3 P'S.PER END CR }� I �. I CHNNUNK 000180 ...1 4 1- Y I 1�'- 10,6104 RAM).3/8 CKV.CMRVGE I _ _- __ ( \ mm0 we rnr0 Av.. OGT.PRE-.3%'LONG Ik•- `ANA�I BOIL,LOCK PR VASTER d 1¢A NUT. � 3A'TENSON BAR �1:.T-K R DTP.3 PEH VERT.P6S. 1 k C"R 114' ♦Jk V h I FIANCE NUT OWE SCREW _34 or. a 684 w MI: LOCK WASH/F 1001 NU1 TYP.3 MN vcm.PIPE v. 355'VERTICAL PIPE �R-_�W� -4,1 TENSION BAR-5B' . 4 it:t SIDE OUTLET ELBOW- a /P II.' GP I w`F0° NOT-0 SCALE `• NOT TO SCALE I 'TD.'1 we A 0408 I 407 TO SCALE 1 11.0 SRO NM UP ON TOP MA ONLY 001 To 1r1A1 iltatianal Recreation Systems, Inc.. TOO draRVK and on Inmrmafron commrleo 1 , here4 is the rt; o`NATIONAL RECREATION srSr Yv.INC ands otetc no re5rodooee. r O. BOX 146 FORT WAY NE, IN 46E3Si4E: t o 1 wrest h permission oft ,SCALE- N,T 1 1'Ap ROUTED-0O. BURN DY onul ctu we assume n Otspor cl DA 1 „E i TME/JLE 5/2/ PM I Fo•ueauLN Ori_e0 vxe of t drerny N L d 1 Oi „ Recreation Sy11emf Inc 8 not rr.po D !TITLE, for 4co permits and occLponcy reaLrements. I TYPICAL ASSEIABLY DETAIL S.,-IFE1 I00511NIER: (PAWING Nu0:Fk. I C)J�T.AILO-,B a is a saw kifflaia asTrm B S!!!Aiwa iii+ — L iE : is al ai iQ is is iE iF al al ii rif i i al al i iv IS iu MI # raisdEF We a al Waal MiiM� .1 Tale=al Mig 2=1 A DIVISION OF RENT COM, INC. 390' NRwFr ' ?ad • 5chn1 rr P3 1. IL 60 I !6-2.i4 • (84!) 618-7000 • F,1 k 1,C..3i i r.7:78-9.47.9 htrt7 //wnAv v.rerntc;Irn corn • r...rt.ril, rentcorr (;,) net April II. 2008 Mr. Aaron Downey Senior Audio Consultant 1033 South Boulevard Oak Park, Illinois 60302 708- 524-2800 Fax: 708- 524-2818 Email: aaron ii tataske.com RC Communications is pleased to provide you with our estimate to furnish and install the outdoor sound system that you have specified at Judson i niyersity for the Chicago Bandits Softball team. We are in an excellent position to serve you. Judson t'niversity and the Bandits on this protect. List of Major Equipment (See the attached Estimate Worksheet for itemized pricing) Our lump sum furnished and installed price including,labor,final engineering,ordering and procurement, inbound freight, build up of the equipment rack, testing, delivery, system adjustments and check out, documentation, staff training and a one year contract warranty is 542,34730 It is understood that suitable conduit.poles. junction boxes and raceways and all AC power shall be provided by others. Ground around the poles must he lion enough to support lift truck for loudspeaker installation. All work shall he performed during normal working hours. Payment terms shall he V2 due with order and the remaining ': due net thirty (301 days from completion of the work. Thank you for this opportunity to be of service. We look forward to working with you on the project. Very truly tours. % J t`'f/I tatter William T. Larsen Sales Manager RC Communications A Division of Rent Corn. Inc. Attachment: EXHIBIT J AI 1 0/ /IL)E-O 'YST EMS FOR CORPOILA1 E LOM,MUNt0ATIONS RC COMMUNICATIONS 1RC11-9613 Estimate Worksheet Print Date: 4/11/2008 11:37 AM CHICAGO BANDITS SOUND SYS £2070 Qt. \lanufrcturr SI.nkl Description t on trice I owl Price OCTHI;I r)AND SID/A.1\4 1.01 DSPF 1 1_O\1\11 NI IN R2-47.4/ LOl'i)SPI:AkI R V.I1:I SI,r•IV't S10447i M0('\iIN(1 II\RI)\\ARI 3 CfMgMI.NIll R2-'71 111I1KPIfAkl-RP∎1Ill 'I.r.14?i 1.1'1.f)Ii, \1t)l'\'rIN(i llARDAA APT ' QS(' (•XIlo22 1 WOCIIAN\f .W.)W R SI 1,44 On ' iI'IIFIFR 4 RC( (.'I.sIO\l :.O1'DSPFAKIR'ILR\II\:\1111\ D)X SS[RIM HO\II PI Alt.St:t I t\(;1.01 DSPF,',f'F.R S't ST F.\I 2 ()AL til'S1'F>IA 112151 Lot DSPI AKI R >'r,.: Ire Si ''.211 1 iKt. ( \I1i)2 I\k )(•H\\\II P(11Cl R SI i,1.;1t1 iI r'1i1N1 .ASfi'I_If 11 It 2 ON'F's't l'A\ P\IS Pc PI I \10I NI S1S11.\I >;' a Sn7$h(1 RUC I I.SIU\1 I.OI'DSPE.AKI I(II R\IINA11t t\ SI iX' S1Nl un HON NlRIM NIP\PSG.("O\TROt..\ND RA(Is I MID \IL. 13WR-1$.22 WA1I \401'\11'1)iOIIP\ME.`.L }111 +I 515: ?I RA(K N (1 IX(R(BI-A(.'K l MID All \ID-IX \INTFDI''Rr)\1" . IS SI II Sli -i 'PALL fEll 51"A I litAMP e0I Al'1)11)VIIXU li S•tnt,'ii S-Iba?14 I Am_AS1 (.l)-u11'PRO ((1\IPACI I)Ist PI .lI R S'ln tH\l.A\('II), \11D All \1PK-3 mom'LAR I'UN LK R.-\('LN lY S;1 4n Sn2' 4 Slil)AR R1.51-26 I'UNI:I(\"•f/i)1 i I' S'-' 1 S+tKl 4b I Sill)A ll SC-612 POW VI:SI-IN I\(;\l l 5115 Ss S-ili YX U.N I ROLLIK 2 MID ATI A;PR431 III ANK 512`111 a,; 'U I Hi.\\II' \F\I\NP 0I611:\i So(,,,\I PRI)CI SCf)R 4 S I .l95 S I.I-Ui'0 03;10'03 Issue t'ag,e E of .i CAI' RIIS RC COMMUNICATIONS ' 1' ('`'1; Estimate Worksheet Print Date: 4:11,'2008 11:37 A M11 CHICAGO SAN I)ITS SOUND SI'S E2070 Qt Manufacture Stodel De.cripunn I nit Price Iota!Prirc 1 2 1 1 1 PS-2414 Pt A',1 1 'I 1'!'1 1 SI ■I s17 1 111)1 FP-1 '1.14: .' 1 'Hti ->,\(FI)lr)li\19\4111 Si I' :1 $I`1 I 121('II:SVAi I I (1v%! RU F' ' RI)I till)-I'il. &4 .\4111\1 R S 411. 41',7 1 \1111 All. 1)21F, t.'IRI•11,a KIM,K\t)tUI(\\1IR Sl 'c4' 413250 2 S111/All !I:>\ 4S 1,11 lFi IAs.I"RRAt{. I(H' S-.■-+`+ Si;1 SIX N IRED HI(ROPHO\I. I SFII'RI• \1\414;11'd' ( (XISI.Nl( I.\ti(WWI It}Ni S{`iI 75 SIUI 7 1 .Fl)&I \1K41N1')I' I') 511 I'I) ! V I VIt)I 1('11' S`'it.�� 5'n(,7u \I It R''P1 11)\I 1 \1i 1R;N1.1) 511.425 2S 111(R47PIit t\I CAM I 5114 1: 518 13 III A( ly, I k(( 'S TOM \IICkt)P114)\1 PI l i IFt'S 1 1(I :nni S13f,;tti 1'1 All MIKIS); WIRELESS\II(ROPIIO\ES S1 V.111-lSI.K Iu 1;502 1 111 141K1-1 I SSH\SUIIl 1 ) S?'3 3.1 SI 4 ,'r M1(1411'1111\I S\VII I SI SI:NNII}ISLR lµ:\\141(,2 A\IF\1ASPLII1FR S1.1i234.4 SI,(123 1, FIELD%%Mt: 11('1 1.01 a8 TIIH\lot 1)51'1 AK!R(.Attl I Si ?ors tat SI.43,;+.11? RC( IOI '.1 CON 1R 11 ,\NI)RkIIII Sh I (, v4612(oi -RUCK RC'(' I')) SHOP 1t R111.-AHt)yS a 25{1114 531111 ai ■a't{+r, PER 111)S.1 SI4 Pi R(i t\SIt 1(Pi( 1i1S( F:LL.1NEOt S 11AK1)%1 141. i RC( I.I)1 ADISC1.I I,AS1'11 >H 1}4.1)4 \i41 >."' >it S■:■7 \O1F:5: t. SI IIABL). (1)\lll 11.31 M I105IU)\F.S % I)R1( F.11 115 11 I'OLbSS11:11.l.B) 61 0I211.1(S. 2. I..%KTH %ROl\I)POLES Bt t1RN1 1:501(,11 lO SI'PPOKI I.IFt fRl( 15. 532.01 7.34 113 111(1_: Ic\uc' r:$ Pa,e 2 of 3 C.AF'RFIS RC COMMUNICATIONS P-4613 Estimate Worksheet Print Date: 4/11.'2008 J1:3' A S9 CHICAGO BANDITS SOUND Sl'S E2070 sate!.; I a.Ratc (1 004% Sell Price Total Materials: 532.111'.34 Total Sales Tax: ; , S0.00 Labor Amount I Nat',hol Nr.!cm i.hc kiwi shop Programming Vatrrlid fiandiii Iklncr■ Foul Ftcld S■slcnt Check r)ut I trlil I ra.e.I 1 ost I tnx I nemeertnt. I nu i trill Supen mcton tkaaute loh`cuing Manual. (raining. V.arranty Total Labor: Ut; 69.1$0.00 Total Subcontracting: 50.1111 Expenses Amount inbound Fretrht: Outbound Frcis l'onangt:nctc. TruA cl Parkin tic,tcl Pcrmt.. Total Expenses: S; I:, I r, 51.1511.16 Total Selling Price: S42,347.50 03.10 03 1Sstle 2 Page 3 of 3 t'AF RIIS EXHIBIT K Excavation & Bleachers Dig for permanent bleacher, auger for post holes, and remove spoils. Provide stone base for permanent bleachers and furnish and install permanent bleachers. Sub-Total Excavation&Bleachers $136,000.00 Concrete Provide Sono-tube footings for slabs at dugouts and press box. Poured post holes at scoreboard, deck for press box, post for speaker system, etc. Sub-Total Concrete $16,350.00 Scoreboard Install a Varsity scoreboard 8' x 28' with Judson Logo to include a steel support structure. Sub-Total Scoreboard $14,500.00 Dugouts,Press Box and Storage Two dugouts 8' x 38' with structural steel framing exterior Hardy Board siding and shingled roof. Construct a press box/concession stand with decks for cameras. Storage areas are attached to dugouts with overhead doors. Sub-Total Dugouts, Press Box and Storage $1 69,300.00 Field Repair Infield removed, sized properly and pitched properly for drainage. Replace infield with state of the art mix to aid in drainage. Replace left field and turf at baselines due to drain tile. Sub-Total Field Repair $63,000.00 4304.IOJT Electrical 100 amp service 120/208 volt panel at press box 480/120 volt transformer at softball field 600'-2"conduit with two copper-fields Power to scoreboard Wire scoreboard Power to two food kiosks Power to and wire press box and concession stand Bore road to run internet to press box Sub-Total Electrical $65,000.00 Safety Netting/Backstop Paint and repair existing backstop. Install safety netting above backstop and 95' down each baseline/safety for fans Sub-Total Netting/Backstop $37,000.00 Fencing Purchase temporary fencing 6'high to run approximately 2,000 feet for crowd hurding. Extend 4' fence at baselines to foul pole with plastic cap for crowd safety. Install protective fence at fronts of dugouts with gate Sub-Total Fencing $32,500.00 Rental of Temporary Restroom Facilities Cost associated with the rental of portable, trailer mounted restroom facilities for all three seasons. Sub-Total Restroom Facilities $45,000.00 Access Road Costs associated with scraping original surface, put a good layer of CA-1 (3"stone)down to bridge the soft areas,putting CA-6 on top, and finish it off with the limestone cap. Sub-Total Access Road $15,000.00 TOTAL $593,650 APR-10-2008 '.HU 10:25 AM KELLENBERGER ELECTRIC FAX No. 841 888 8195 P. 001 KELLENBERGER ELECTRIC INC. PROPOSAL Electrical Contractors Judson College REVISED To:Plant Operations April 10,Vopanaan Hall Hall Attention: Len A/C Units We are pleased to offer the following quotation: Furnish and install all labor and materials which includes the following: -200 amp electrical panel Wire 40 receptacles for window air conditioners Drill 40 holes for new receptacles TOTAL COST S30,020.00 DUE TO THE INSTABILITY OF COPPER PRICES,OUR QUOTE IS FIRM FOR 30 DAYS NOTE: This proposal may be withdrawn by us if not Respectfully submit . accepted within days. / �� -ACCEPTANCE- PLEASE SIGN AND RETURN ONE COPY ACCEPTED: Alf material is guaranteed to be as specOod.All work lo be completed in awsrlananaiks meaner according to elerwerd prattles.Any anerebon or deviation from the above drawings or epecgtcatior•Involving extra toil Per of Talen&or labor wet only be executed upon written orders for sam.and Title will become an*atm charge over the sum mentioned in this contract.All apreamerat mud be made In writing.All agreements are contingent upon waken,accidents or dsleya beyond our control.Owner to carry tore,tot- Date node insurance.etc.,upon above wok.Workmen's Compensation and Pubic LiabEIy insurance on above work to be liken out by Ksdanberger Electric,Inc 1540 Fleetwood Drive Elgin,IL 60123 Phone:(847)888-8192 Fax:(847) 888-8195 Eeli ;6;4L e 4.„J.-44 .:.:-- ,.,,,,,.. !fi .c �.r f t .,I May 9, 2008 x a ` , TO Mayor and Members of the City Council FROM: Olufemi Folarin, City Manager Sean R. Stegall, Assistant City Manager SUBJECT: Consideration of a Development Agreement by and between the City of Elgin, the Chicago Bandits and Judson University for the Purpose of Providing Women's Professional Softball PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider a three-year development agreement with the Chicago Bandits and Judson University for the purpose of providing women's professional softball. RECOMMENDATION It is recommended that the City Council approve the development agreement for a three- year term with the Chicago Bandits and Judson University for the purpose of providing women's professional softball in an amount not to exceed $711,375. BACKGROUND It has been determined that there is a need for higher level recreational and sports opportunities within the community. Recreational activities enhance the quality of life for our citizens and result in additional interest and economic activity in our community. In recognition of the importance of parks and recreation, over $50 million dollars has been invested for recreational infrastructure over the last 10 years through a combination of tax increment financing proceeds, developer contributions and riverboat funds. Notwithstanding the significant progress that has been made, a need remains for additional softball fields has been indentified by both the Elgin Area Convention and Visitors Bureau and the Parks and Recreation Master Plan. As such, the City has been working with the Chicago Bandits (Bandits) and Judson University (Judson) in order to provide a temporary home for the Bandits as a means of providing professional sports to our community and to increase the number of softball fields available to host regional tournaments. The Bandits are in need of a new and permanent location and they have identified Elgin as an ideal partner for such an endeavor. Due to the fact that the City is 4 Development Agreement with the Chicago Bandits and Judson University May 9, 2008 Page 2 not currently in a position to provide a permanent venue, an ideal alternative was to partner with Judson as the Bandit's host for the next three years while the City examines the cost and benefits of creating a permanent facility.. Pending the City's study to determine the feasibility and desirability of constructing a permanent stadium, the City, the Bandits and Judson have agreed that the Bandits will temporarily utilize a softball field on the Judson Property for the Bandits' 2008, 2009 and 2010 seasons. In order to provide a venue that will allow for professional softball, significant improvements to the existing softball field must be made, such as dugouts, a new scoreboard, restroom facilities, etc. After the conclusion of the 2008 season, the City intends to study the feasibility and desirability of constructing a stadium which if built could be leased in part to the Bandits for Bandits home games. This feasibility analysis would begin with a discussion and review by the City Council of the efforts success. Attendance and general community interest will serve as the primary focus of this discussion. The City and Judson have also agreed as part of the efforts to facilitate the Bandits' relocating to the City of Elgin that Judson will temporarily utilize a softball field at the City's Sports Complex property and that the City will have certain usage of a softball field on the Judson Property for the years 2008, 2009 and 2010. Judson shall be responsible at its cost for all traffic control and parking control including staffing relating to the Bandits home games for the 2008, 2009 and 2010 seasons. The Bandits shall be responsible at its cost for all other staffing for its home games during such years, including but not limited to, such staff as is necessary for security, concessions and ticket taking. Judson agrees at its cost to provide housing for the Bandits players, coaching staff and other families in the Judson dormitory known as the Volkman Dormitory located on the Judson Property. The costs associated with the project are as follows: ITEM COST Excavation & Bleacher Installation $136,000 Supporting Concrete Work $16,350 New Scoreboard $14,500 Dugouts, Press Box & Storage Area $169,300 Field Improvements $63,000 Electrical Improvements $65,000 Safety Netting & Backstop $37,000 Fencing around the field $32,500 Restroom Facilities $45,000 Access Road Improvements $15,000 Electrical upgrades to Volkmann Dormitory $36,020 Development Agreement with the Chicago Bandits and Judson University May 9, 2008 Page 3 ITEM COST Engineering& Site Plan Development $20,000 Professional Service fees for the Noise Study* $16,705 Sound System* $45,000 TOTAL COST TO THE CITY $711,375 While the total cost to the City is $711,375, the City is directly contracting for those items noted above. Therefore, the direct payment to the Chicago Bandits, LLC is $593,650 (please see Exhibit K). A direct payment to Judson University will be made in an amount not to exceed $36,020 for electrical improvements to Volkmann Dormitory. The City will retain ownership of the sound system and it shall be installed at Festival Park at the conclusion of this agreement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The total cost of the project is $711,375. The original budget for this project was $350,000. It should be noted that this figure was based upon a very preliminary estimate that did not anticipate several of the costs that were unknown and could not have been anticipated in time to include during the late stage of the budget's development. A budget transfer is necessary to provide the additional $461,375 in funding. It is recommended that a transfer in the amount of $465,000 from the Riverboat Lease account number (276-0000-791.93-80) project number 339755 (Dundee/Summit Intersection Improvement Project) be made. There is a net amount of$583,984 available to fund the transfer. The intersection improvements have been postponed due to the redesign of the intersection thus allowing for the allocation to be used for other purposes. The amount of the transfer will be reinstated in the 2009 Budget. If the transfer is approved, the result will be sufficient funds budgeted and available in the amount of $715,000 in the Riverboat Fund account number 275-0000-791.92-32 (Land Improvements), project number 296036 (Softball Field Development). LEGAL IMPACT The development agreement is attached, which include Exhibits A-L. Development Agreement with the Chicago Bandits and Judson University May 9, 2008 Page 4 ALTERNATIVES 1. The Council may choose to approve the development agreement. 2. The Council may choose to not approve the development agreement. Respectfully submitted for Council consideration. SRS Attachments