89-0125 Firing Range sof-otas
:;
AGREEMENT
This agreement is made January 25, 1989 by and between the ILLINOIS
STATE POLICE (Owner) and the CITY OF ELGIN (City) under the authority of the Illinois
Intergovernmental Cooperation Act (III. Rev. Stat., ch. 127, par. 741, et seq.)
City will construct a twenty (20) point firing range hereinafter known as the
Elgin Range Facility adjoining the Illinois State Police Firing Range located at 777 S.
State Street, Elgin, Illinois, and situated south of the original Illinois State Police Pistol
Range. The Elgin Range Facility shall, by agreement, consist of an access road exten-
sion, a firing line, a range house, and an impact berm, all of aforementioned being
situated on property owned by Illinois State Police. The Elgin Range Facility will be
similar in appearance to the Illinois State Police Range Facility.
A. The City and the Owner, in consideration of the mutual promises set
forth below, agree as follows:
I. City will assume all expenses for construction of the Elgin Range
Facility which shall include but not be limited to the expense of moving existing earth
and the expense of acquiring any additional fill to form the berms. The City shall fill the
Illinois State Police side berm in graduated height to a maximum of twelve (12) feet.
The City shall be responsible for reseeding property of the Illinois State Police which is
disturbed as a direct result of said construction of the Elgin Range Facility.
2. The City shall have exclusive control over regulating the use of the
Elgin Range Facility. Except upon mutual written consent of the parties, the Elgin
Range Facility shall not be used during the hours between 10:00 p.m. and 6:00 a.m. The
City of Elgin Police Department shall be the primary user of the Elgin Range Facility;
from time to time the City may allow the Illinois State Police, County Sheriff's Depart-
ment, other law enforcement agencies, or designated individuals, to utilize the Elgin
Range Facility.
3. The City shall be responsible for landscaping and maintenance of the
Elgin Police Department firing line, Elgin Police Department berm, Elgin Police Depart-
ment range house and access road extension.
4. The City shall be responsible for installation and maintenance of its
own utility lines, which shall whenever practicable, utilize existing lines. Any property
of the Illinois State Police which is disturbed as a direct result of the installation of said
utilities shall be restored to its original condition by the City.
5. The City shall construct, for the purpose of safety, a fence which
shall originate at the eastern edge of the Illinois State Police and Elgin Range Houses, at
a point between them, and shall run for a distance of twelve (12) yards toward the impact
berms. The City and the Owner shall mutually bear responsibility for the maintenance of
said fence.
6. The City shall install and maintain a flag pole and a flag system at
the Elgin Range Facility to indicate when the firing of weapons is in progress at the Elgin
Range Facility.
7. The City shall provide fencing which shall originate at the end of the
Elgin State Police side berm and continue the length of the Elgin firing range. The City
shall provide, install, and maintain signage on the exterior of said fence identifying the
area as a firing range.
8. The City shall have access to the Elgin Range Facility free of
charge for a period of fifteen (15) years beginning on January 25 19 uc and terminating
fifteen (15) years thereafter. The agreement shall automatically be renewed for the
same period unless either party provides written notice of termination at least three (3)
months prior to the end of the period.
9. The Owner shall permit the City, or other users as designated by the
City, to utilize the state police parking area located at 777 S. State Street while the
City, or other users as designated by the City, are using the Elgin Range Facility.
10. The City shall comply with all laws, ordinances, rules and regula-
tions bearing on the conduct of the work as drawn and specified. If the City observes
that the drawings and specifications do not comply with such laws, ordinances, rules and
regulations, the City shall promptly notify the Owner in writing and any changes shall be
made in accordance with the contract for changes in the work.
I I. The City shall indemnify and hold harmless Owner against all loss,
costs or damage on account of personal injury and/or property damage arising out of the
use of Leased Premises by the City or other users designated by the City, except during
Owner's use of the Leased Premises. The City shall furnish to the Owner and keep in full
force and effect at all times during the term of this lease, Commercial General Liability
insurance with limits of at least $1,000,000 each occurrence, and $2,000,000 General
Aggregate issued by responsible insurance companies insuring the City and the Leased
Premises against claims, and damages arising out of the exclusive use of the Leased
Premises by the City. The Owner shall be added as Additional Insured to said insurance
and be furnished a copy of said insurance policy. Lessee shall also carry Worker's
Compensation insurance.
12. A diagram of the Elgin Range Facility, a copy of which is attached
to this agreement and marked Exhibit "A" is a part of this contract and is incorporated
by reference.
13. A map of the area in which the Elgin Range Facility will be built, a
copy of which is attached to this agreement and marked Exhibit "B" is a part of this
contract and is incorporated by reference.
B. All construction contracts for performance of work shall be awarded in
accordance with the Illinois state requirements for competitive bidding. The City agrees
to comply with all procurement and purchasing rules and regulations applicable under
Illinois State law.
C. The City agrees to comply with reasonable regulations established by the
Owner to ensure that Owner's access to and use of Owner's facilities are not disrupted by
the construction of the Elgin Range Facility.
D. This contract shall in all respects be interpreted and governed by the
laws of the State of Illinois.
E. This contract contains all the terms and conditions agreed to by the
parties. No other agreements, written or oral, regarding the subject matter of this
contract, shall bind any of the parties. This agreement may be terminated by either
party for breach of its terms.
In witness, the parties have executed this agreement this 25 day of January
19 89
CITY OF ELGIN
'1
By 4P 40 , •
Manager
Attest:
City Clerk
BY ���0 Y �r ' '� ILLI OIS STAT POLICE
Deputy Clerk
By11111
fiery D. Margolis
Attest: Director
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