96-100 Resolution No. 96-100
RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE
AMERICAN LEGION BASEBALL POST #57
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Richard B. Helwig, City Manager, and Dolonna
Mecum, City Clerk, be and are hereby authorized and directed
to execute an agreement on behalf of the City of Elgin with
the American Legion Baseball Post #57 for the use of certain
parklands for organized recreation, a copy of which is
attached hereto and made a part hereof by reference.
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: April 10, 1996
Adopted: April 10, 1996
Omnibus Vote: Yeas 6 Nays 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
Eon
ELGIN PARKS AND MONICA BATES
RECREATION DEPARTMENT Director
31 SOUTH GROVE AVENUE MARIA PREHM
ELGIN, ILLINOIS 60120 Recreation Superintendent
DAVID OSBORN
Parks Superintendent
TELEPHONE 708/931-6120
FAX 708/931-6144
AGREEMENT
THIS AGREEMENT, made and entered into this 26 day of
March , 1996 by, and between the CITY OF ELGIN, ILLINOIS, a
municipal corporation, (hereinafter referred to as "City", and
American Legion Baseball Post #57 an Illinois corporation,
hereinafter referred to as "League".
WHEREAS, City is the owner of certain parklands on which are
located playing fields hereinafter referred to as "fields"
suitable for activities of League; and,
WHEREAS, League desires to continue the use of said playing
fields for its various activities of organized recreation; and
WHEREAS, it is to the mutual advantage of both parties that
there be a clear understanding of the privileges and
responsibilities of each party;
NOW THEREFORE, in consideration of the mutual covenants herein
contained, the parties agree as follows:
Section 1 Nothing in this agreement shall divest the City of
its ownership or absolute right of control in and of the
various parcels of real estate which may be affected by this
agreement. While certain functions with regard to maintenance
of grounds and operation of activities on the property may be
assigned to League by this agreement, it is understood that no
alterations to buildings or grounds shall be made without the
express written consent of the City.
Section 2 . League shall have the use of the fields for its
scheduled games, scheduled shall mean games coordinated with
City prior to season and practices with minimal of varies
charge by Athletic Facility Reservation Permit only. It is
understood that League shall have exclusive use of the fields
with proper permits during such scheduled games and practices,
but that said fields shall be considered open to the public by
Athletic Facility Reservation permit only at all other times in
accordance with general City park regulations.
ELGIN, THE CITY TO WATCH • CITY HALL • 150 DEXTER COURT • ELGIN, ILLINOIS 60120-5555 • 708/931-6100
PRINTED ON RECYCLED PAPER
.
Section 3 . League agrees to provide City with complete
schedules of its intended use of park facilities for games and
practices at least 30 days prior to any scheduled game or
practice. City shall have the right to review said schedule
before its acceptance and before permits may be issued.
Section 4 . Maintenance of the Turf, fences, infields, lights
and backstops shall be the exclusive responsibility of League.
Section 5 . League agrees that it is bound by the general
rules and ordinances governing the closing times of City Parks,
and that any use of the fields for night games which may extend
beyond the normal closing time of the park may only be for games
previously scheduled, pursuant to Section 3 of this Agreement.
City may grant permission to other groups or organizations to
use the light poles and fixtures for evening and night
activities during times which League is not using the fields in
cooperation with Leagues.
Section 6. City agrees to assume the costs of water service
for the structures and fixtures related to maintenance of the
fields.
Section 7 . League agrees that no major alterations shall be
made to any buildings or structures without the prior express
written consent of City.
Section 8 . All costs related to the maintenance and repair of
fences on the premise shall be in accordance with the provisions
of Section 10. League agrees that no new fence shall be
installed, nor any existing fence modified or relocated, without
the express written consent of City.
Section 9. The cost of repairs to underground water and sewer
lines shall be the responsibility of City.
Section 10 . League agrees that all requests for assistance
from the City shall be made through the City Program Supervisor.
The City Program Supervisor shall be the liason for resolution
of any problems related to the administration of this Agreement.
Section 11. It is the intention of the parties to encourage
the use of the park facilities to host post-season League
tournament and All-Star tournament play. League agrees to
provide City with notice of the intended use of the park
facilities to host such tournaments as soon as practicable after
the determination is made. League further agrees to provide
City with complete schedules of the tournament play as soon as
they are available. Use of the park facilities is subject to
any prior scheduled use.
Section 12 . Outside vendors shall not be allowed on the park
premises during scheduled League games or practices except by
the express written consent of League and City, and in
accordance with all applicable ordinances and statutes; City
shall have the exclusive right to authorize outside vendors at
anytime League is not scheduled to use the facilities in
cooperation with Leagues.
Section 13. League shall carry general liability insurance
coverage in an amount no less than $1, 000, 000. League shall
provide the City with a Certificate of Insurance indicating such
coverage on an annual basis .
Section 14 . League shall provide City with a signed statement
indicating that they have received signed waivers, which have
been approved by City Legal Department, from all participants
and players releasing City of all liabilities prior to the use
of the facilities, on an annual basis .
Section 15 . The text herein shall constitute the entire
agreement between the parties.
Section 16. This agreement shall be binding upon and inure to
the benefit of the _Elgin American Legion Post #57 _ and its
successors, but this Agreement cannot be assigned.
Section 17 . This agreement shall be in full force and effect
for one year beginning January 1 and ending December 31 . This
agreement shall be automatically renewed on an annual basis,
unless terminated by either party with written notice at least
30 days prior to the renewal date. League agrees and
acknowledges that City retains exclusive ownership of all real
property and structures there on notwithstanding any provision
to the contrary contained herein.
Section 18 . If any provision or any portion thereof,
contained in this agreement is held unconstitutional, invalid,
or unenforceable, the remainder of the Agreement, or portion
thereof, shall be deemed serviceable, shall not be affected and
shall remain in full force and effect.
Section 19. This agreement shall be interpreted and governed
according to the laws of the State of Illinois.
Section 20. The parties hereto agree and acknowledge that
this agreement is executed in Kane County, Illinois, and agree
and acknowledge that the appropriate and exclusive venue and
forum for an proceedings to enforce the terms of this agreement
shall be in Kane County, Illinois.
IN WITNESS WHEREOF, the City of Elgin, Illinois has caused this
Agreement to be signed and executed in its behalf by its City
Manager and duly attested by its City Clerk, and League has
caused this Agreemen tep be ig ed and executed in its behalf by
its A47,, Y �. i i -= • - - /!
both in duplicate, the day and year first above written. �
CITY OF ELGIN / 0 .
City Manager
ATTEST:
Loni Mecum
City Clerk
(Corporate Seal) affiiAtee:4-1,10:7L9.7•06-7LEA9UE
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