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HomeMy WebLinkAbout08-0429 DNA Co y, SPECIAL EVENT AGREEMENT THIS AGREEMENT made and entered into this 1 day of April, 2008, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the Downtown Neighborhood Association, an Illinois not-for-profit corporation (hereinafter referred to as "DNA"); WITNESSETH WHEREAS, the DNA operates the Downtown Parade, Carnival and Festival, of 2 Douglas Avenue, Elgin, Kane County, Illinois; and WHEREAS, the DNA has proposed a special event in the form of a parade, festival and carnival from May 1-4, 2008, to be conducted at the former library lot; North Grove and Kimball Street (hereinafter referred to as 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 city; and WHEREAS, the City 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. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this Agreement, and for other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows: 1. The foregoing recitals are hereby incorporated into this agreement in their entirety. 2. The DNA hereby agrees to hold a Carnival and Festival from May 1-4, 2008. The Carnival and Festival will be located at the former library lot; North Grove and Kimball Street, Elgin, Illinois and shall be conducted between the hours of 5:00 p.m.- 10:00 p.m. on Thursday, May 1, 5:00 p.m.-11:00 p.m. on Friday, May 2, 1:00 p.m. — Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property April 29, 2008 Page 2 11:00 p.m. on Saturday, May 3, and 1:00 p.m. -10:00 p.m. on Sunday, May 4. 3. The DNA shall begin set-up on Monday, April 28, 2008 to insure time for proper set- up of rides and necessary safety checks by Windy City Amusements. Clean up of the site, by Windy City Amusements, will begin at the close of the carnival operating hours on Sunday, May 4, 2008 and shall be completed by 5 p.m. on May 5, 2008. 4. The DNA shall use the following parade route: start at the Spring Parking Deck, continuing north on Spring Street, west on Symphony, and ending at the old library site (the festival grounds) at 12:00 p.m. (noon) on May 3, 2008. 5. The DNA shall provide notifications to residents and business on the parade route prior to the parade. 6. The DNA shall apply for and obtain a special event permit as provided for under Elgin Municipal Code Chapter 13.25. The DNA shall be solely responsible for conducting the Subject Special Event and for all costs associated with the Parade, Carnival and Festival, including but not limited to the fees and costs identified in Elgin Municipal Code Chapter 13.25 entitled "Special Events in Public Places". 7. In conjunction with the Subject Special Event permit application the DNA shall submit to the City a security plan to be approved by the City's 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 Subject Special Event. DNA shall provide for the payment of one hundred percent (100%) of the cost as determined by the City of the direct and reasonable costs incurred to provide police services for the Parade, Carnival and Festival. The number of police officers and the duration of the special police detail for the special event shall be determined by the City's Chief of Police. Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property April 29, 2008 Page 3 8. The DNA shall pay one hundred percent (100%) of the costs for barricades and the Public Works personnel for the setup of barricades on May 3rd from 8:00 a.m. to 12:00 (noon) for the Parade. 9. The City shall provide for one fire inspection by the Fire Marshall of all carnival rides and tent structures. DNA shall provide for the payment of one hundred percent (100%) of the cost as determined by the City of the direct and reasonable costs incurred to provide fire inspection services for the Carnival and Festival. 10. The DNA shall place a $200 meter deposit and receive a water meter which can be obtained from the Water Department. Once the meter is returned, there will be a fee reflected for the water which was used for the Carnival and Festival. DNA shall provide for the payment of one hundred percent (100%) of the cost. 11. The City shall provide Windy City Amusements access to the fire hydrant to provide water for the cleaning of rides, equipment, and concessions area at no additional cost to DNA. 12. The DNA shall provide hand-washing units, standard and handicapped port-o-lets and a 30-yard dumpster for the subject event, at no additional cost to the City. 13. The City shall provide 10 trash and 10 recycling containers at no additional cost to the DNA for the subject event. 14. The DNA shall be solely and strictly liable for the acts of its volunteers, officers and employees and DNA 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 the DNA, its agents, volunteers or employees. Nothing • Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property April 29, 2008 Page 4 herein shall diminish or obviate the DNA 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. 15. The DNA 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, non- contributory coinsured with limits of not less than $1,000,000 combined single limit per occurrence for bodily injury and property damage with a general aggregate limit of not less than $2,000,000. 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. 16. In consideration of the DNA being solely responsible for conducting and clean up of the refuse generated from the Subject Special Event and for all costs associated with the subject special event as provided herein, the parties understand and agree that the DNA shall be entitled to retain any income received from the Subject Special Event. 17. The DNA 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. 18. The DNA at its sole cost shall apply for and obtain all necessary permits. Any entertainment and use of amplifiers shall be in compliance with all applicable laws and regulations, and shall end at 8:00 p.m. on Thursday, May 1, 11:00 p.m. on Friday, May 2, 11:00 p.m. on Saturday, May 3 and 8:00 p.m. on Sunday, May 4, 2008. Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property April 29, 2008 Page 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CIT OF ELGI DOWNTOW NEIGHS OD ASSOC. By B Olufemi. ola , anager Its V-C Attest: 1st:CCALI City Clerk Co-Sponsorship Agreement with DNA to Host a Parade, Carnival and Festival on City Property April 29, 2008 Page 5 19. The DNA shall provide a sound check at 3:00 p.m. on Thursday, May 1, 2008 to determine with the police the appropriate sound level of music for the duration of the Subject Special Event. Both parties will sign-off to the appropriate sound level. The Police Department will have the authority to lower the sound level or shut down the music at anytime during the event. 20. Nothing contained in this Agreement shall be construed to relieve the DNA, 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 approv- als as required by law. 21. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. 22. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the resolution of any disputes with the enforcement of any rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane County, Illinois. 23. The terms of this agreement shall be severable. If any of the terms or provisions of this agreement are deemed to be void or otherwise unenforceable for any reason, the remainder of this agreement shall remain in full force and effect. 24. This agreement is the sole agreement between the parties hereto regarding Subject Special Event. There are no other agreements, either implied or verbal, between the parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto.