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99-0930 EnviroCare AGREEMENT FOR USE OF ELGIN SPORTS COMPLEX BY ENVIROCARE FOR COMPOST BIN SALE THIS AGREEMENT made and entered into this (js' day of September, 1999, by and between the CITY OF ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and ENVIROCARE, a sole proprietor(hereinafter referred to as "EnviroCare"), WITNESSETH WHEREAS, EnviroCare is a corporation that sells compost bins; and WHEREAS, EnviroCare has proposed a compost bin sale for October 9, 1999, to be conducted at the Elgin Sports Complex, said complex being owned by the City (hereinafter referred to as the "event"); and WHEREAS, EnviroCare has requested the permission of the City to hold the event at the Elgin Sports Complex; and WHEREAS, the City has determined that the event will assist in promoting composting, which could reduce the amount of refuse collected by the City; and WHEREAS, Elgin Municipal Code section 13.04.120 authorizes the City's Director of Public Works or the City Council to grant written approval to allow the use of a street, sidewalk or other public place as space for the display of goods or merchandise; and WHEREAS, the Public Works Director has further determined that it is in the best interests of the City to allow EnviroCare to utilize the Elgin Sports Complex for the event in accordance with the terms and conditions of this agreement; and WHEREAS, the City of Elgin is a home rule muriicipality 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; and WHEREAS, the City's assistance in providing the Elgin Sports Complex as the 1 site of the event will assist in promoting composting, which could reduce the amount of refuse collected by the City, and thus it pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, for and in consideration of the mutual promises and undertakings contained in this agreement, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. That the foregoing recitals are hereby incorporated into this agreement in their entirety. 2. That the City agrees to allow EnviroCare to conduct a compost bin sale event at the parking lot of the Elgin Sports Complex located at 601 South McLean Avenue, Elgin, Illinois. The event shall be conducted on October 9, 1999, between the hours of 8:00 a.m. and 5:00 p.m., with the sale hours being from 9:00 a.m. to 3:00 p.m. and the additional time allotted being utilized for set-up of said sale, take-down and clean-up related to said sale. 3. That the parties hereto understand and agree that EnviroCare shall be solely responsible for conducting the subject event and for all costs associated with the subject event. EnviroCare agrees that pursuant to this agreement that EnviroCare shall be strictly liable for the acts of its agents, volunteers, officers and employees and that EnviroCare to the fullest extent permitted by law shall indemnify and hold harmless the City, its officers, agents and employees from any claims, suits or liability whatsoever including, but not limited to, any court costs or reasonable attorney's fees arising out of or in any way connected with the subject event or any acts or omissions of EnviroCare, its agents, volunteers, officers or employees. EnviroCare shall also provide, without cost to the City, insurance naming the City as a primary, non-contributory coinsured with limits of not less than $100,000 per occurrence and excess coverage of not less than $1,000,000 covering general liability including personal injury and property damage. 4. That in consideration of EnviroCare being solely responsible for conducting the subject event and for all costs associated with the subject event as provided herein, the parties understand and agree that EnviroCare shall be entitled to retain any income received from 2 the subject event. 5. That EnviroCare at its sole cost shall be responsible for providing all necessary electrical power and litter facilities, litter control and clean-up. 6. That nothing contained in this agreement shall be construed to relieve EnviroCare, its officers, agents or employees, as well as any other participants in the subject 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 approvals as required by law. 7. That this agreement shall not be deemed or construed to create an employment,joint venture, partnership or other agency relationship between the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this agreement on the date and year first written above. CITY OF ELGIN ENVIROCARE By ByJA' 1 JO Hptii.)3e 3 Jo n Loete Its 0"W EP-- Public Works Director Attest: 3