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HomeMy WebLinkAbout25-0703 Elgin BMX Riders Association GRANT AGREEMENT THIS AGREEMENT is made and entered into this day of , 2025, by and between the CITY OF ELGIN, Illinois, a municipal corporation(hereinafter referred to as the "City"), and the Elgin BMX Riders Association, an Illinois not-for-profit corporation (hereinafter referred to as the"League"). WHEREAS, the City and the League have previously entered into an agreement dated March 26,2025,authorizing the League to use the City's athletic facilities at The Hill BMX(such agreement dated March 26, 2025 is hereinafter referred to as the "Subject Agreement" and the athletic facilities at The Hill BMX referred to therein is hereinafter referred to as the "Facility"); and WHEREAS, the League has requested from the City a youth sports grant for the purpose of capital improvements at the Facility consisting of: Electrical repairs to BMX buildings and WHEREAS, the City has agreed to grant to the League a youth sports grant for such improvements to the Facility pursuant to the terms and conditions of this Grant Agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The City hereby agrees to provide to the League a youth sports grant in the total amount not to exceed $14,413 to be utilized by the League for the costs of capital improvements at the Facility of: Electrical repairs to BMX buildings (such new electrical repairs to BMX buildings is hereinafter collectively referred to as the "Subject Improvements"). 2. The League shall complete the construction of the Subject Improvements on or before November 1,2025.The Subject Improvements shall be constructed and installed according to plans and specifications approved by the City and in conformance with all applicable codes and other requirements of law. The League shall also require the Subject Improvements to be constructed in a workmanlike manner. 3. Following the completion of the Subject Improvements all rights,title,and interests in and to the Subject Improvements shall belong to the City. The League shall maintain the Subject Improvements in accordance with its obligations in the Subject Agreement. 10. Except as provided in Section 19 hereof, if either party violates or breaches any term of this agreement, such violation or breach shall be deemed to constitute a default, and the other party has the right to seek administrative contractual or legal remedies as may be suitable to the violation or breach; and, in addition, if either party by reason of any default, fails to within fifteen (15) days after notice thereof by the other party to comply with the conditions of the Agreement,the other party may terminate this agreement. In the event any legal action is brought by the City for the enforcement of any of the obligations of the League in this agreement and the City is the prevailing party in such action,the City shall also be entitled to recover from the League reasonable interest and reasonable attorney's fees. 11. League shall at all times keep, or cause to be kept, the Facility and all property owned by the City free from all liens and shall pay when due and payable all claims and demands of mechanics,materialmen,laborers,and others for any work performed by or for the League upon or at the Facility relating to this Agreement. 12. To the fullest extent permitted by law, League agrees to 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, including but not limited to worker's compensation claims,in any way resulting from or arising out of negligent actions or omissions of the League in connection herewith, including negligence or omissions or agents of the League arising out of the performance of this agreement and/or the conservation of the Subject Improvements. In the event of any action against the City, 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. League further agrees to indemnify,defend,and hold harmless the City from and against any loss, liability, claim or suit arising from the foreclosure, or attempted foreclosure, of a mechanic's or materialmen's lien for goods delivered to Licensee or work performed by or for Licensee upon or at the Encroachment Area or Licensee's Premises. Such indemnification shall include the City's reasonable attorney's fees incurred in connection with any such loss,claim or suit. The provisions of this section shall survive any expiration,completion, and/or termination of this Agreement. 13. No official, director, officer, agent, or employee of the City shall be charged personally or held contractually liable under any term or provision of this Agreement or because of their execution,approval, or attempted execution of this Agreement. 14. In all hiring or employment made possible or resulting from this Agreement, there shall be no discrimination against any employee or applicant for employment because of sex,age, race,color,creed,national origin,marital status,or the presence of any sensory,mental or physical handicap, unless based upon a bona fide occupational qualification, and this requirement shall apply to,but not be limited to,the following: employment advertising,layoff or termination,rates of pay or other forms of compensation and selection for training, including apprenticeship. -3- 21. This agreement is and shall be deemed to construe to be a joint and collective work product of the City and the League and,as such,this agreement shall not be construed against the other 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, of the terms and provisions contained herein. 22. 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 by the League without the express written consent of the City which consent may be withheld at the sole discretion of the City. 23. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. Elgin BMX Riders Association CITY OF ELGIN, a municipal corporation By: By: City Manager Its: Attest: City Clerk -5- 21. This agreement is and shall he deemed to construe to he a joint and collective work product of the City and the I.caguc and, as such, this agreement shall not he construed against the other patty, 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, of the terms and provisions contained herein. 22. This agreement shall he binding on the parties hereto and their respective successors and permitted assigns. This agreement and the obligations herein may not be assigned by the League without the exptrss written consent of the City which consent may he withheld at the sole discretion of the City. 23. This Agreement may he executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. For the purposes of executing this Agreement, any signed copy of this agreement transmitted by fax machine or e-mail shall he treated in all manners and respects as an original document. The signature of any party on a copy of this Agreement transmitted by fax machine or e-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this Agreement shall be considered to have the same binding legal effect as an original document. At the request of either party any fax or e- mail copy of this Agreement shall be re-executed by the parties in an original form. No party to this Agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense. IN WITNESS WHEREOF, the undersigned have entered into executed this agreement as of the date and year first written above. Elgin BMX Riders Association CITY OF ELGIN, a municipal corporation By: By City Manager • Its: t°i(k_,S,c - Atte • City Clerk