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HomeMy WebLinkAbout03-102 Resolution No. 03-102 RESOLUTION AUTHORIZING EXECUTION OF A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT WITH THE PRAIRIE ROCK BREWING COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a Special Event Co-Sponsorship Agreement on behalf of the City of Elgin with the Prairie Rock Brewing Company for a brew felt to be held June 13 and 14 , 2003 , a copy of which is attached hereto and made a part hereof by reference . s/ Ed Schock Ed Schock, Mayor Presented: April 23 , 2003 Adopted: April 23 , 2003 Vote : Yeas : 5 Nays : 1 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk A SPECIAL EVENT CO-SPONSORSHIP AGREEMENT THIS AGREEMENT made and entered into this day of , 2003, by and between the CITY OF ELGIN, an Illinois municipal corporation(hereinafter referred to as the "City") and PRAIRIE ROCK BREWING COMPANY, an Illinois corporation (hereinafter referred to as "Prairie Rock"), WITNESSETH WHEREAS, Prairie Rock, operates the Prairie Rock Brewing Company located at 127 South Grove Avenue, Elgin, Kane County, Illinois; and WHEREAS,Prairie Rock has proposed a special event in the form of a brew fest for June 13 and 14 2003, to be conducted on Prairie Street between South Grove Avenue and Wellington Avenue (hereinafter referred to as the "subject special event"); and WHEREAS, Elgin Municipal Code Section 13.25.020A requires special events to be sponsored and conducted by not-for-profit corporations or associations or by public bodies;and WHEREAS, Prairie Rock has requested that the City co-sponsor the subject special event; and WHEREAS, the City has determined that the subject special event will attract additional interest in the center city area and will assist in promoting further redevelopment of the center city area; and WHEREAS,the City Council has further determined that it is in the best interests ofthe City to co-sponsor the subject special event with Prairie Rock in accordance with the terms and conditions of this Co-sponsorship Agreement; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII Section 6a of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the co-sponsorship of the subject special event and promoting the further interest in redevelopment of the City's center city area pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The City and Prairie Rock hereby agree to co-sponsor the proposed Prairie Rock Brew Fest on June 13 and 14, 2003. The subject special event will be located on Prairie Street between South Grove Avenue and Wellington Avenue and shall be conducted between the hours of 5:00 p.m. and 12:00 a.m. on June 13, and 12:00 noon and 12:00 a.m. on June 14, 2003. 3. Prairie Rock shall be responsible for applying for and obtaining a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The City Manager shall provide all necessary signatures on the special event application to evidence the City's co-sponsorship ofthe subject special event. Notwithstanding the City's co-sponsorship of the subject special event,the parties hereto understand and agree that Prairie Rock shall be solely responsible for conducting the subject special event and for all costs associated with the subject special event including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 4. Prairie Rock, notwithstanding the City's co-sponsorship of the subject special event, agrees that pursuant to this Agreement and pursuant to the provisions of Elgin Municipal Code Section 13.25.090, Prairie Rock shall be strictly liable for the acts of its volunteers, officers and employees and Prairie Rock to the fullest extent permitted by law shall indemnify, defend,and hold harmless the City,its officers, employees,agents,boards and commissions from and against any and all claims, suits ,judgments, costs, attorney's fees, damages or other relief arising out of or in any way connected with the subject special event or any acts or omissions of Prairie Rock, its agents,volunteers or employees. Nothing herein affects Prairie Rock's duty to defend the City. In the event of any action against the City or 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 the City's choosing. The provisions of this paragraph shall survive any termination and/or expiration of this Agreement. 5. Prairie Rock shall also provide, without cost to the City, the insurance required pursuant to Elgin Municipal Code Section 13.25.070 naming the City as a primary, noncontributory coinsured with limits of not less than $500,000 per occurrence and excess coverage of not less than $5,000,000 covering general liability including personal injury and property damage. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to the City. There shall be no endorsement or modification of this insurance to make it excess over other available insurance, alternatively, if the insurance states that it is excess or pro rata, it shall be endorsed to be primary with respect to the City. 6. In consideration of Prairie Rock being solely responsible for conducting the subject special event and for all costs associated with the subject special event as provided herein, the parties understand and agree that Prairie Rock shall be entitled to retain any income received from the subject special event. 7. In conjunction with the special event permit application Prairie Rock shall submit to the City a security plan to be approved by the Chief of Police with an acknowledgment that any changes to the security plan must be submitted to the Chief of Police in writing five(5)business days before the event. Such security plan shall include a system of badges, plastic bracelets or other such approved device so as to identify persons 21 years of age or older authorized to purchase and consume alcohol. The parties hereto shall each provide for the payment of fifty percent(50%) of the cost as determined by the City of the direct and reasonable costs incurred by the City to provide additional police, public works and paramedic services for the special event, provided, however,with the total for the City not to exceed$3,500. Any additional costs above the estimated$7,000 will be Prairie Rock's responsibility. Prairie Rock shall provide such fifty percent (50%) payment to City within thirty (30) days of written demand for payment by City. Such estimated cost shall be determined in the sole discretion of the City. The number of police officers and the duration of the special police detail for the special event shall be determined by the Chief of Police. Such security plan shall also include Prairie Rock providing at its sole cost between 8 and 15 additional private security staff at the subject special event during the hours of 5:00 p.m. to 12:00 a.m. on Friday, June 13 and 3:00 p.m. to 12:00 a.m. on Saturday, June 14, 2003. 8. City of Elgin shall be responsible for providing for the posting of all traffic signs and for the security personnel to direct traffic. Prairie Rock at its sole cost shall publicize the location of all major parking areas in all of its advertisements, flyers and posters regarding the subject special event. 9. Prairie Rock at its sole cost shall apply for and obtain a Class I liquor license. The City Manager shall provide all necessary signatures on such liquor license application to evidence the City's co-sponsorship of the liquor license. Prairie Rock shall be the vendor under such Class I license which shall actually conduct and be responsible for all liquor sales. Prairie Rock shall also provide, without cost to the City, the dram shop insurance required pursuant to Elgin Municipal Code Section 13.25.080 naming the City as a coinsured with limits of not less that $1,000,000 with such proof of insurance stating that it shall not be terminated or suspended without at least thirty (30) days prior written notice to the City. All alcohol sales must end at 12:00 a.m. on Saturday, June 14 and Sunday, June 15. 10. Prairie Rock at its sole cost shall apply for and obtain all necessary permits, including amplifier permits, for any entertainment to be conducted in conjunction with the special event. Any entertainment and use of amplifiers shall be in compliance with all applicable regulations, and must end at 11:00 p.m. on Friday, June 13 and Saturday, June 14. 11. Prairie Rock at its sole cost shall be responsible for providing all toilets and other sanitary facilities, necessary electrical power and litter facilities, litter control and clean-up. 12. Nothing contained in this Agreement shall be construed to relieve Prairie Rock, its officers, agents or employees, as well as any other participants in the subject special event from complying with all applicable laws and regulations of the City, State and the United States, including but not limited to obtaining any other permits or approvals as required by law. 13. This Agreement shall not be deemed or construed to create any employment,joint venture, partnership or other agency relationship between the parties hereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date and year first written above. CITY OF ELGIN PRAIRIE ROCK BREWING COMPANY Bye/�i Ed Schock, Mayor ItL r/ hkJ4�A0"44,11 Attest: Attest: City Clerk