13-0821 Central Management Services 13"oga\
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LICENSE AGREEMENT
THIS LICENSE AGREEMENT ("Agreement") is made and entered into as of the 21st day of
August, 2013, by and between the City of Elgin, a municipal corporation ("Licensee"), and the State of
Illinois (the "State"), acting by and through its Department of Central Management Services ("CMS")
(collectively,the "Licensor").
WHEREAS, Licensee desires to enter into this Agreement with the Licensor to utilize the former
Tinley Park Mental Health Center, 7400 West I83rd Street, Tinley Park, Illiinois (the "Property"), as a
training venue;and •
WHEREAS,the Licensor agrees to make the Property available to Licensee for such use.
NOW,THEREFORE,the parties agree as follows:
1. The Licensor grants Licensee permission to use the Property to conduct training activities
upon the terms and conditions set forth in this Agreement. Licensee shall use and occupy the Property
solely for such permitted use and for no other purpose.
2. No fee,rent or other charges are required or due for use of the Property for said purposes.
3. The term of this Agreement will begin on September 16, 2013, and continue through
September 20,2013,unless otherwise terminated by one of the parties as set forth below.
4. Licensee will access and use the Property only for the training activities described on
Exhibit A attached hereto and incorporated herein by reference. Only Licensee and its authorized
personnel will have access to the Property.The State reserves the right to exclude any individual or limit
the number of individuals from entering the Property. Licensee will conduct a search of the area to make
sure Licensee and its personnel are the only individuals on site during the training activities.
5. If Licensor notifies Licensee that the training interferes with the Licensor's operations,or
Licensor otherwise requests that the training cease or be reduced, Licensee shall immediately, upon
receipt of such notice or request, cease or reduce the training or remove personnel and equipment as
appropriate to comply with the Licensor's notice or request. If the actual training will vary materially
from the details specified in the training request, the Licensee will promptly notify Licensor of such
anticipated variances and obtain Licensor's written approval prior to engaging in such activities.
6. Licensee will provide adequate supervision for all training activities at the Property.
7. Licensee's personnel shall be subject to and abide by the rules, directives, policies, and
procedures of Licensor and any direction from CMS personnel concerning the use of, access to and
throughout the duration of the training activities at the Property.
8. Licensee's representatives have toured the Property and Licensor makes no
representations that the Property is suitable for the contemplated training. All parties acknowledge that
the structural soundness of the buildings has not been ascertained and accordingly Licensor cannot and
does not give any assurance that the buildings are currently safe for occupation or for use as intended.
Use of the buildings,appurtenances and property by Licensee for its training purposes, therefore is solely
at the risk of Licensee.
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9. All injuries to Licensee's personnel or their property while participating in the training
activities or while at the Property are the sole responsibility of Licensee and Licensor assumes no liability
therefor. Use of the buildings,appurtenances and property by Licensee for its training purposes,therefore
is at its own risk. Licensee will not hold Licensor liable for damage to or destruction of Licensee's
property or for injuries to Licensee's personnel as a result of Licensee's training activities.
10. Licensee will repair any damage to the Property caused by its usage and clean up after the
training activities so as to restore the Property to the condition that existed prior to the training activities,
including, but not limited to, the cost of boarding up any windows and repairing any openings in the
fencing surrounding the properties that may result from the training activities. Licensee will remove any
and all equipment and materials that were used by Licensee's personnel during the training activities,
including any dangerous or hazardous equipment or materials.
11. Licensee will report any known damage, misuse, vandalism, injury or theft immediately
to the designated Licensor personnel.
12. Licensee agrees that all activities at or on the Property will be performed in a lawful
prudent and safe manner and will not unreasonably interfere with the operations of the Property.
Licensee's training will comply with all applicable ordinances,statutes, and laws and Licensee will make
and provide all appropriate notifications to and receive any applicable authorizations as may be required
from any local,state and federal authorities regarding any activities during the training.
13. Licensee shall obtain commercial general liability insurance providing coverage within
limits acceptable to Licensor at its own expense. Such insurance shall include coverage of not less than
$1,000,000 combined single limit per occurrence for bodily injury,including death,and property damage.
A copy of the Certificate of Insurance,naming the State and CMS as additional insured, must be provided
to CMS along with this signed document. This Agreement will not take effect until the Licensee
furnishes CMS with proof that the Licensee has obtained satisfactory insurance.
14. Licensee shall hold the State and CMS harmless from any and all claims for damage or
loss of property, personal injury or death caused by the acts or omissions of the Licensee, its employees,
personnel,representatives and agents in connection with its training activities and the use of the Property.
15. Licensee acknowledges that Licensor has entered into license agreements with other
parties for the use of the football/soccer fields at the Property during the term of this Agreement, as well
as for the use of the facility by other parties for training purposes. Notwithstanding anything contained
herein to the contrary,Licensee acknowledges and agrees that Licensee shall not be permitted to use the
football/soccer fields located at the Property for any training activities. Licensee agrees not to use the
Property for training activities during such times that the footbalUsoccer fields are in use.
I6. This Agreement cancels and terminates any prior agreements between the parties
regarding training activities whether such prior agreements were written or oral. No amendment or
modification of this Agreement shall be effective unless reduced to writing and executed by the parties.
17. The license granted hereby is personal to Licensee and the privileges herein granted shall
not inure to or for the benefit of the Licensee's successors or assigns. Any such attempt to assign this
Agreement will terminate the license privileges granted to Licensee herein.
18. This Agreement is revocable and niay be terminated by either party, at any time, with
reasonable attempts made to inform the other party before preparations for the next training session have
begun,by delivery of written notification.
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19. Each party shall maintain for a minimum of three (3) years after completion of this
Agreement, or for a longer period if required by applicable Federal laws and regulations, all books,
records and supporting documents created pursuant to the Agreement. This Agreement shall be available
for review and audit by each party and the Auditor General of the State of Illinois. Each party agrees to
cooperate fully with any audit conducted by the Auditor General and to provide full access to all relevant
materials.
20. All notices,requests, consents and other communications required or permitted under this •
Agreement shall be in writing and shall be deemed delivered when and if personally delivered, or mailed
by registered or certified mail,return receipt requested,postage prepaid, or sent by a recognized overnight
courier for delivery on the next business day, and addressed to the parties to the addresses set forth on the
signature page,or to such other address as any party may designate by notice complying with the terms of
this Section. •
21. This Agreement may be executed in one or more counterparts, each of which shall be
considered to be one and the same agreement, binding on all parties hereto, notwithstanding that all
parties are not signatories to the same counterpart. Further, duplicated signatures, signatures transmitted
via facsimile, or signatures contained in a Portable Document Format (PDF) document shall be deemed
original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed below by a
duly authorized representative of the respective parties.
DEPARTMENT OF CENTRAL CITY OF ELGIN
MANAGEMENT SERVICES 151 Douglas Avenue
100 W. Randolph Street, Suite 4-500 Elgin, Illinois 60120
Chicago,Illinois 60601,
1 it
By: By: 47-
Name: Malcolm Weems Name: Sean Stegall /
Its: ire for Its: City,M,an ger
:
Date _._ � .._` Date: ts..c4, /3
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EXHIBIT A
REQUEST TO USE TINLEY PARK MENTAL HEALTH CENTER
1. Building/Area to be Used for Proposed Training Activities: Those portions of the campus
mutually agreed upon by the Licensee and the Chief Engineer for the facility.
2. Proposed Training Date(s)/Time(s): September 9&20.2013:0800— 1600
3. Description of Proposed Activities: Tactical response team training exercises
4. Prohibited Activities: No breaching of eaterior doors. walls, roof. etc.: no activity in ceiling
areas due to possible asbestos issues:no training activities after 11 PM.
5. Other: Buildings will be secured upon completion of training and all doors and windows will be
secured,as necessary, Licensor has entered into license agreements with other parties for the use of
the footbaWsQSSer fields at the property. as well as for the use of the facility by other parties for
training purposes. Licensee shall not use the football/soccer fields for any training activities. In
addition, Licensee shall not use the property_ for training activities during such times that the
football/soccer fields are in use. Licensee shall notify the Village of Tinley Park _Pat Carr at
708/935-1289)of the ates and type oftraining involved.
' 6. Contact Person at Licensee: Sergeant Jim Laney,Elgin Police Department,g47-652-1771:
Lahey_j(g?cityofelgin,org
7. Contact Person at Facility: Sergio Cappello--3121350-0371:SerQio.CappeIIoc IIlinois.gov
8, Address for Notices: Department of Central Management Services,100 W.Randolph Street,Suite 4-
500,Chicago,iL 60601,Attn:Kevin J.Connor,General Counsel.E-mail:keviin.connor@illinois gov
APPROVED:
CMS: LICENSEE' REPRESENTATIVE:
.2P-A-tv;,0 az.--pyttab By: 11/
Name: 5etesiv G ApPP I I LI Name: Dan O'Shea
Its: (, r r- el-,el f a.j " Its: Cot inlander,Elgin Police
Date: ezpr ri j Date: ei/i3
5
ClientIf:83688 CITYELG2
ACORD., CERTIFICATE OF LIABILITY INSURANCE DATE(MWODJYYYYIs12z/2o13
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder Is an ADDITIONAL INSURED,the pollcy(Ies)must be endorsed.If SUBROGATION IS WAIVED,subject to
the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).if Waiver of Subrogation is applicable,it only applies to the extent allowed by law.
PRODUCER N�MNTACT Leah Cozad
Mackey Team PROW
312 595-7142 FAx 312 595-7163
Mesirow Insurance Services AI Cum ow,Nor
353 N.Clark Street Suite 1200 ADDRESS: Icozad@mesirowftnanctal.com
Chicago,IL 60654 �._—_ VNSURER(S)AFFORDING COVERAGE NAIC S
INSURER A:Travelers Indemnity Company 25658
INSURED INSURER D:
City of Elgin
150 Dexter Court INSURER C
INSURER D:
Elgin,IL 60120 INSURERS:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEO ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN ppRppEL�D��UyyC��EDp��BYppPAID CLAIMS.
1)414 TYPE OF INSURANCE AD:MISR S.0 POLICY NUMBER (MAVOD(TYY17(MMIDDryYY1) LIMITS
A GENERALLIAIILITY 13747497 10!0112012 10/01/2013 EACH OCCURRENCE s2,000,000
X COMMERCIAL GENERAL LIABILITY PAbVit�FEM01tENTEO
RER1l aoca+rro„ui 51,000,000
CLAIMS-MADE I i1 OCCUR MED EXP(Any one person) $
PERSONAL SAW INJURY 12,000,000
GENERAL AGGREGATE s3,000,000
GEN%AGGREGATE LIMIT APPLIES PER: PRODUCTS.COMP/CP AGO S3,000,000
POLICY ECaT n LOC
AUTOMOBILE UABILITY COMBIN€QOtSINGLE LIMIT
ANY AUTO BODILY $
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ALL OWNED SCHEDULED BODILY INJURY(Par accident) I
AUTOS —AUTOS
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HIREDAUTOS ( s
UMBRELLA UAB OCCUR EACH OCCURRENCE 5 _
EXCESS LIAR CLAIMS-WADE AGGREGATE S
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WORKERS COMPENSATION IWCSTATU- IOTtb
AND EMPLOYERS'LIABILITY TORY LIMITS FR
ANYPROPM�II TOR/PARTHE ECUTNE[J NIA EL.EACH ACCIDENT S
OFFICEWNEMDER EEXXCV-UO T
(Meadetory in NIq EL.DISEASE•EA EMPLOYEE $
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DESCRIPTION OF OPERATIONS before EL.DISEASE.POUCY UMIT S
DESCRIPTION OF OPERATIONS(LOCATIONS I VEHICLES(Attach ACORO 101,Addltbnal Remark.Schedule,Emote space Is mqulred)
RE: Elgin Police Department Training to be held 9/16/13 9120113 at Tinley Park Mental Health Center,
7400 West 183rd Street,Tinley Park,Illinois
State of Illinois and Department of Central Management Services are additional Insureds on the General
L)abiltly as their Interest appears in the License Agreement.
CERTIFICATE HOLDER CANCELLATION
Department of Central SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
p THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Management Service ACCORDANCE WITH THE POLICY PROVISIONS.
Attn:Malcolm Weems,Director
100 W Randolph St,Ste 4.500 AUTHORIZED REPRESENTATIVE
Chicago,IL 60601 )94 n
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