HomeMy WebLinkAbout09-0527 Hispanic Heritage Coalition oq- 05 -4*
SPECIAL EVENT AGREEMENT
THIS AGREEMENT made and entered into this 7 day of May, 2009, by and
between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the
"City") and the Hispanic Heritage Coalition, an Illinois not-for-profit corporation (hereinafter
referred to as "HHC").
WITNESSETH
WHEREAS, the HHC is an Illinois not-for-profit corporation having a mailing address of
P.O. Box 1432, Elgin, Kane County, Illinois, and which operates its Summer Carnival Festival;
and.
WHEREAS, the HHC has proposed a special event in the form of a Carnival Festival from
June 4-7, 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:
The foregoing recitals are hereby incorporated into this agreement in their entirety.
1. The foregoing recitals are hereby incorporated into this agreement in their entirety.
2. The HHC hereby agrees to hold a Carnival Festival from June 4-7, 2009. The
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 2
Carnival Festival will be at the former public library lot, located at the 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, June 4th; 5:00 p.m.-11:00
p.m. on Friday, June 5th; 12:00 p.m. — 11:00 p.m. on Saturday, June 6`h; and 12:00
p.m. -10:00 p.m. on Sunday, June 7th.
3. The HHC shall provide barricades and/or fencing along Kimball Street for safety
reasons.
4. The HHC shall begin set-up on Monday June 1st, 2009 to insure time for proper set-
up of rides and necessary safety checks by North American Midway Entertainment.
Clean up of the site, by North American Midway Entertainment, will begin at the
close of the carnival operating hours on Sunday, June 7th, 2009 and shall be
completed by 5 p.m. on June 8th, 2009. The foregoing notwithstanding, HHC shall be
ultimately responsible for cleanup of the site following the Subject Special Event.
5. The HHC shall apply for and obtain a special event permit as provided for under
Elgin Municipal Code Chapter 13.25. The HHC shall be solely responsible for
conducting the Subject Special Event and for all costs associated with the Carnival
Festival, including but not limited to the fees and costs identified in Elgin Municipal
Code Chapter 13.25 entitled "Special Events in Public Places".
6. In conjunction with the Subject Special Event permit application the HHC 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. HHC
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
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 3
services for the Carnival 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.
7. The City shall provide fire inspections and such other inspections as are required for
the carnival rides and tent structures. HHC 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
Festival.
8. The HHC 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. HHC shall provide for the
payment of one hundred percent (100%) of the cost.
9. The City shall provide North American Midway Entertainment access to the fire
hydrant to provide water for the cleaning of rides, equipment, and concessions area at
no additional cost to HHC.
10. The HHC 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 HHC shall provide 10 trash and 10 recycling containers at no additional cost to
the City.
12. The HHC 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 public
works services for the Carnival Festival.
13. The HHC shall be solely and strictly liable for the acts of its volunteers, officers and
employees and HHC to the fullest extent permitted by law shall indemnify, defend,
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 4
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 HHC, its agents, volunteers or employees. Nothing
herein shall diminish or obviate the HHC 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.
14. The HHC 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. The certificate of insurance
shall provide that the insurance shall not be terminated or reduced for any reason
without thirty (30) days advance written notice to the City.
15. The parties hereto have previously entered into a loan agreement, dated April
29, 2009. In accordance with the terms and provisions of said loan agreement,
the parties hereto understand and agree that any income received by HHC
from conducting the Subject Special Event shall be paid over to the City of
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 5
Elgin on or before July 15, 2009, to be applied to the outstanding balance of
the loan. For the purposes of this paragraph "income" shall mean net income,
and shall be calculated by taking the gross revenues received by HHC from
conducting the Subject Special Event and subtracting those costs reasonably
incurred by HHC in conducting the Subject Special Event, including those
costs and fees for which HHC is liable to the City under this Agreement.
HHC agrees to keep and maintain full and accurate books and pertinent
records relating to the conducting of the Subject Special Event for a period of
three (3) years following the completion of the Subject Special Event, and
shall provide the City on or before July 15, 2009, with an accounting of the
income HHC received from conducting the Subject Special Event. The City
shall have the right to inspect, examine and audit any such records of HHC for
a period of three (3) years following the completion of the Subject Special
Event.
16. The HHC 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.
17. The HHC 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, June 4th; 11:00 p.m. on
Friday, June 5`h; 11:00 p.m. on Saturday, June 6th; and 8:00 p.m. on Sunday, June 7th,
2009.
18. Nothing contained in this Agreement shall be construed to relieve the HHC, 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.
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 6
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
parties hereto regarding Subject Special Event. This agreement shall not be modified
or amended without the written agreement between the parties hereto.
23. HHC shall pay or reimburse the City for all of the costs and fees provided for in this
Agreement within ten (10) days of June 7, 2009.
24. HHC 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.
• .
Special Event Agreement with HHC to Host a Carnival Festival on City Property
May 16, 2009
Page 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first written above.
CIT O F E HISPANIC ''E'ITAGE COA TION
By —
F-„,ul�� a�
= By �/ L! h
Olufemi Fol. n, City 41.nager Its /-C t Ci Pt.- T l I ei
Attest: Attest:
City Clerk