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09-130 Resolution No. 09-130 RESOLUTION AUTHORIZING EXECUTION OF A TENNIS COURT RESURFACING AGREEMENT WITH JUDSON UNIVERSITY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that Olufemi Folarin,City Manager,and Diane Robertson,City Clerk,be and are hereby authorized and directed to execute a tennis court resurfacing agreement on behalf of the City of Elgin with Judson University, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schock, Mayor Presented: May 27, 2009 Adopted: May 27, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Diane Robertson Diane Robertson, City Clerk TENNIS COURT RESURFACING AGREEMENT THIS AGREEMENT is hereby made and entered into this 0i 7a Y of 2009, by and between the City of Elgin, Illinois, a municipal corporation (hereinafter re erred to as "City") and Judson University - a Baptist Institution, an Illinois not-for-profit corporation (hereinafter referred to as "Judson"). WHEREAS, Judson is an educational institution, with a campus located at the address commonly known as 1151 North State Street, Elgin, Illinois 60123 (hereinafter referred to as "Campus"); and WHEREAS, Judson owns six (6) tennis courts at Campus (hereinafter referred to as "Tennis Courts"); and WHEREAS, Tennis Courts are in need of resurfacing; and WHEREAS, City has determined it to be in its best interests for its citizens to have free access to Tennis Courts. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: 1. The aforementioned recitals are hereby incorporated into and made a part of this agreement. 2. City shall cause Tennis Courts to be resurfaced at City's sole cost and direction on or before July 31, 2009 (hereinafter referred to as "Resurfacing"). 3. Notwithstanding anything to the contrary in this agreement, City's total costs for Resurfacing shall not exceed the sum of Twenty-six Thousand Dollars ($26,000). 4. All lighting, nets, fencing, and parking associated with Tennis Courts shall be maintained solely by Judson at Judson's sole cost. 5. City may publicize through any means that Tennis Courts are open to the public. 6. At all times during the term of this agreement during the hours provided for herein, Tennis Courts shall be open to the public; provided, however, that from August 31 through May 31, Judson shall have priority use of Tennis Courts; and from June 1 through August 10, City-sponsored programs, leagues and tournaments shall have priority use; in addition, from August 10 — August 30 Judson shall have priority use between the hours of 7:00 a.m. to 5:59 p.m. and the City shall have priority use between the hours of 6:00 p.m. and 10:00 p.m. 7. This agreement shall terminate on December 31, 2012. 8. Tennis Courts shall be open daily from 7:00 a.m. to 10:00 p.m., and shall be reasonably lighted while open. 9. Judson shall maintain nets, lighting and parking in good condition. 10. Judson agrees to indemnify, and hold harmless, the City from and against all claims, demands, loss or liability of every nature, for injuries to persons and/or property, occurring in or about or in any way connected with the City's or its invitee's use of Judson's property pursuant to this Agreement, to the extent arising out of the negligent acts or omission of Judson, its officers, agents or employees. The City agrees to indemnify and hold harmless, Judson, its officers, agents, employees, or guests from and against any and all claims, demands, loss or liability of every nature, for injuries to persons and/or property, occurring in or about or in any way connected with the City's or its invitee's use of Judson's property pursuant to this Agreement, to the extent arising out of the negligent acts or omissions of the City, its agents or employees. 11. This Agreement shall be subject to and governed by the laws of the State of Illinois. Venue for the enforcement of any rights and the resolution of any disputes arising out of or in connection with the provisions or performance of this Agreement shall be in the Circuit Court of Kane County, Illinois. 12. The terms of this Agreement shall be severable. In the event that 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. 13. This Agreement shall not be construed so as to create a joint venture, employment, partnership or other agency relationship between the parties hereto. 14. This Agreement is the sole agreement between the parties hereto regarding the subject matter hereof. There are no other agreements, either oral or implied, regarding the subject matter hereof. 15. In the event of any material breach of this agreement by City, Judson's sole and exclusive remedy therefor shall be the benefit of Resurfacing of Tennis Courts, and City shall incur no other monetary or equitable liability in excess thereof. 16. The terms of this agreement shall not be modified or amended except by written agreement of the parties hereto. 17. In the event of any material breach by Judson, City shall be entitled to reimbursement of Resurfacing costs upon thirty (30) days written demand. Failure to enforce any of the terms or provisions of this agreement by City shall not constitute, and shall not be deemed or construed as a waiver of any rights to which City may otherwise be entitled by law. - 2 - IN WITNESS WHEREOF,the undersigned have entered into executed this agreement on the date and year first written above. CITY OF ELGIN JUDSON UNIVERSITY By e - • ,,., By �.� City M.%salter Its 'V ny ussthe5, �o tirt Attest: City Clerk F:\Legal Dept\Agreement\Tennis Court Resurfacing Agr-iudson U-clean-5-I9-09.doc - 3 - c..(OF ft.Ci ti City of Elgin Memorandum kIT'D Date: June 23, 2009 To: Randy Reopelle, Parks and Recreation Director From: Jennifer Quinton, Deputy City Clerk Subject: Resolution No. 09-130, Adopted at the May 27, 2009, Council Meeting Enclosed you will find the agreement listed below. Please retain a copy for your records. If you have any questions please feel free to contact our office 847-931-5660 and we will do our best to assist you. Thank you. • Tennis Court Resurfacing Agreement with Judson University , �. . h s May 7, 2009 TO Mayor and Members of the City Council _ FROM Olufemi Folarin, City Manager s Randy Reopelle, Parks and Recreation Director SUBJECT: Judson Tennis Court Agreement PURPOSE The purpose of this memorandum is to provide the Mayor and members of the City Council with information to consider entering into an agreement with Judson University related to the resurfacing and use of their tennis courts. RECOMMENDATION It is recommended that the City Council approve the agreement with Judson University for the resurfacing and use of their tennis courts in the amount of$26,000. BACKGROUND Up until two years ago Channing Park had six tennis courts. The Park was recently redeveloped, but due to neighborhood input and budget limitations, only two tennis courts were installed. Since that time, staff has received a number of complaints due to the reduction in courts. The complaints are two fold. First, that there are not enough tennis courts to meet the demand of tennis players. The City's total inventory of tennis courts is 16, which is signifcantly less than industry standards that would suggest a City with the population of Elgin should have 30 tennis courts. Second, there is no location with more then four courts, so it is difficult to run tennis programs,tournaments and leagues. Judson University has six tennis courts, but they are in need of resurfacing. Judson is willing to open them up to the public and City programmed use, if the City will pay for the resurfacing of the courts. The estimated cost for resurfacing is $26,000. As a point of comparison, the cost to build six new tennis courts is estimated to be approximately$210,000. Attached is an agreement drafted by the City's Legal Department. The term of the agreement extends through December 31, 2012. It requires the City to resurface the courts and Judson to make them available to the public. It gives the City programs priority use during the summer season and Judson programs priority use during spring and fall. When the courts are not in use by the City's or Judson's programs, they will be open to the general public for use. The courts Judson Tennis Court Agreement May 7, 2009 Page 2 are lit and Judson is responsible for paying all costs associated with the lighting of the courts, as well as all general court maintenance costs. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None FINANCIAL IMPACT The cost of resurfacing of the tennis courts shall not exceed $26,000. There are sufficient funds budgeted ($26,000) and available ($26,000) in the Park Development Fund, 340-0000-795.92- 32,project number 509831, "Tennis Court Improvements"to pay for the resurfacing. LEGAL IMPACT None ALTERNATIVES 1. The City Council may choose to approve the agreement with Judson University for the resurfacing of and use of their tennis courts. 2. The City Council may choose not to approve the agreement with Judson University for the resurfacing of and use of their tennis courts. Respectfully submitted for Council consideration. rr attachment June 22, 2009 D E = M ri MEMORANDUM JUN 2 6 2009 TO: Diane Robertson, City Clerk By FROM: Daina DeNye, Assistant Purchasing Director SUBJECT: Executed Contracts for Judson Tennis Courts Improvements This contract was approved by City Council on June 10, 2009.