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HomeMy WebLinkAbout09-0430 DNA el - 09-3o SPECIAL EVENT AGREEMENT • THIS AGREEMENT made and entered into this '® day of April, 2009, 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 is a local not-for-profit corporation having an office at 2 Douglas Avenue, Elgin, Kane County, Illinois; and, WHEREAS, the DNA has proposed a special event in the form of a Festival and Carnival from May 7-10, 2009, to be conducted at the former public library lot, located at the intersection of North Grove Avenue and Kimball Street, Elgin, Illinois (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 7-10, 2009. The Carnival and Festival will be located at the former public library lot, located at the Special Event Agreement with DNA to Host a Carnival and Festival on City Property April 8, 2009 Page 2 intersection of North Grove Avenue and Kimball Street, Elgin, Illinois and shall be conducted between the hours of 5:00 p.m.-10:00 p.m. on Thursday, May 7th, 5:00 p.m.-11:00 p.m. on Friday, May 8th, 1:00 p.m. — 11:00 p.m. on Saturday, May 9th, and 1:00 p.m. -10:00 p.m. on Sunday, May 10th. 3. The DNA shall begin set-up on Monday, May 4th, 2009 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 10th, 2009 and shall be completed by 5 p.m. on May 11th, 2009. The foregoing notwithstanding, DNA shall be ultimately responsible for cleanup of the site following the Subject Special Event. 4. 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 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". 5. 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 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. Special Event Agreement with DNA to Host a Carnival and Festival on City Property April 8, 2009 Page 3 6. Alcohol will be sold on Friday May 8th from 5:00 p.m. to 11:00 p.m., Saturday May 9th from 12:00 p.m. to 11:00 p.m. and Sunday May 10th, from 12:00 p.m. to 8:00 p.m. 7. The City shall provide fire inspections and such other inspections as are required for the carnival rides and tent structures. DNA shall provide for the payment of one hundred percent (100%) of the direct and reasonable costs, as determined by the City, incurred to provide such fire inspection and other inspection services for Carnival and Festival. 8. 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. 9. 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. 10. 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. 11. The City shall provide 10 trash and 10 recycling containers at no additional cost to the DNA for the subject event. 12. 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 Special Event Agreement with DNA to Host a Carnival and Festival on City Property April 8, 2009 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. 13. 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. 14. 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. 15. 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. 16. The DNA at its sole cost shall apply for and obtain all necessarypermits. Any Y 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 7th, 11:00 p.m. on Special Event Agreement with DNA to Host a Carnival and Festival on City Property April 8, 2009 Page 5 Friday, May 8th, 11:00 p.m. on Saturday, May 9th and 8:00 p.m. on Sunday, May 10th, 2009. 17. The DNA shall provide a sound check at 3:00 p.m. on Friday, May 8th, 2009 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. 18. 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. 19. This Agreement shall not be deemed or construed to create any employment, joint venture, partnership or other agency relationship between the parties hereto. 20. 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. 21. 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. 22. 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 • Special Event Agreement with DNA to Host a Carnival and Festival on City Property April 8, 2009 Page 6 parties hereto regarding Subject Special Event. This agreement shall not be modified or amended without the written agreement between the parties hereto. 23. DNA shall pay or reimburse the City for all of the costs and fees provided for in this Agreement within ten (10) days of May 10,2009. 24. DNA may not assign, transfer, delegate or offer for resale any of the rights or obligations set forth in this Agreement without the written consent of the City. 25. In no event shall the City be liable for monetary damages, including, but not limited to, compensatory, consequential or incidental damages or attorney's fees, arising from or in any way related to any breach or other violation of the terms of this Agreement. 26. No official, director, officer, agent or employee of City shall be charged personally or held contractually liable under any term or provision of this Agreement because of their execution, approval or attempted execution of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. CIT sat - _ !► D NTO IG OOD ASSOC. By 4 _ - Olufem" F,� anager G Attest: Attest: City Clerk