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14-61 Resolution No. 14-61 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT WITH ELGIN NATIONAL LITTLE LEAGUE FOR FIELD USAGE AT ELGIN NATIONAL LITTLE LEAGUE (709 Summit Street) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Sean R. Stegall, City Manager, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an agreement on behalf of the City of Elgin with Elgin National Little League for field usage at Elgin National Little League located at 709 Summit Street, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: May 28, 2014 Adopted: May 28, 2014 Omnibus Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk 2014-05-20 06:30 Target Stores 8476451182 >> P 1/6 i AGREEMENT THIS AGREEMENT is hereby made and entered into this 28th day of MaY , 2014 between the CITY OF ELGIN,ILLINOIS,a municipal corporation(h ;einafter referred to as"City"), and Elgin National Little League an Illinois not-for-profit corpora on(hereinafter referred to as "League"). WHEREAS, City is the owner of property commonly known as E in National Little League located at 709 Summit Street on which are located playing fields her inafter referred to as"Fields" suitable for activities of League;and, WHEREAS, League desires to continue the use of said playing Fie] s for its various activities of organized recreation;and WHEREAS,it is to the mutual advantage of both parties that there b a clear understanding of the privileges and responsibilities of each party; NOW THEREFORE,in consideration of the mutual promises and co'enants contained herein,the sufficiency of which is hereby mutually acknowledged,the parties he`eto hereby agree as follows: Section 1. Nothing in this agreement shall divest the City of its o nership or absolute right of control in and of the various parcels of real estate which may be affect d by this agreement. While certain functions with regard to maintenance of grounds and operatior of activities on the property may be assigned to League by this agreement, it is understood that r:) to buildings or grounds shall be made without the express written consent of the City Notwithstanding any other provision of this agreement or any other actions of the parties hereto it i agreed and understood that the City shall at all times continue to be the absolute owner of the real estate and any and all buildings,structures or improvements existing or to be constructed thereon, Section 2. League shall have the use of the fields for its scheduled I ames. It is understood that League shall have exclusive use of the fields with proper permits durin such scheduled games and practices,but that said fields shall be considered open to the public by ; thletic Facility Reservation Permit only at all other times in accordance with general City park re ' lations. Section 3. League agrees to provide City with complete schedules j f 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.. Section 4. Maintenance of the turf, fences, infields, lights, backstops and structures shall be the exclusive responsibility and at the sole cost of League. League ag es that the Fields and the improvements thereon shall be erected and maintained at all times iii a safe and good physical condition, and in conformance with all requirements of the Elgin Municipal Code, 1976, as 1 FARecreationWouth Sports Grant Program Files\Youth Sports Groups Contracts\Agreements 2014-2019\E vin National Little League.Doc 2014-05-20 06:31 Target Stores 8476451182 >> P 2/6 amended. The City shall have sole discretion regarding the qu;lity of the construction and maintenance of the Field and the improvements thereon. Upon writtey i notice by the City,through its Parks and Recreation Department,stating in general terms how and is i what manner maintenance is required;League shall be required to perform such maintenance. If eague fails to do so,then the City shall have the right to perform such maintenance,the entire cost` f which shall be borne solely by League. League covenants and agrees to reimburse the City for;any such maintenance and/or restoration. League shall, at its own responsibility and expense, btain and keep in effect all licenses, bonds, permits and approvals necessary for the installatio', maintenance and use of the Fields and the improvements thereon. Section 5. League has provided certain building structures on ity owned lands for use as concession stands,washrooms,meeting and storage facilities. It is u ; erstood that these structures are attached to the real estate and have thereby become the property f the City. The parties agree that the ownership of these structures rests entirely with the City. It is eed that the concession and storage facilities shall be for the exclusive occupancy and use of Lague during the term of this agreement. Maintenance and repair of washroom facilities and these s, ctures shall be the exclusive responsibility and at the sole cost of the League. Any and all liability trising out of the negligent or reckless maintenance or repair of such facilities and structures,or fail ire to maintain or repair such facilities and structures shall rest entirely with the League. Section 6. League has caused to be erected certain light poles and fixt`res for the purpose of lighting the ball fields for night games. It is understood that these lights and' oles are attached to the real estate and have thereby become the property of the City. League a ees that it is bound by the general rules and ordinances governing the closing times of City Park ' and that any use of the fields for night games which may extend beyond the normal closing timel f 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 witil,' Leagues. The League shall replace and otherwise maintain the light poles and fixtures.In the even' that the City,in cooperation with the League,permits other groups or organizations to utilize the Fi: Ids,said other users shall be responsible for any damages and/or repairs resulting from said other oups' or organizations' use thereof. Section 7. City agrees to assume the costs of water service for the strut tures and fixtures related to maintenance of the fields. City agrees to pay all costs related to provi ,'ng and maintaining gas and electrical service, if charged,to the structures referred to in said Secti' n 5 above. Section 8. League agrees that it shall undertake and be responsible or repairs to buildings and grounds in order to keep them suitable for League activities. City shall eview all repair work before and after its execution to ensure the need,quality and cost of said repairs. All repairs must conform to the requirements of all applicable codes. League shall bear any and 11 liability for any failure to maintain such buildings and grounds or for any negligent or reckless m'intenance of such buildings and grounds. Section 9. League agrees that no alterations shall be made to any buildi; gs or structures without the 2 FARecreationWouth Sports Grant Program Files\Youth Sports Groups Contracts\Agreernents 2014-2019 gin National Little League,Doc 2014-05-20 06:32 Target Stores 8476451182 >> P 3/6 prior express written consent of City. Section. 10. All costs related to the maintenance and repair of fences! the premise shall be borne exclusively by League in accordance with the provisions of Section'; . League agrees that no new fence shall be installed, nor any existing fence modified or relocate4.1, without the express written consent of City. Section 11. The parties agree that no alterations to above ground plu ' bing within the buildings nor alterations to water or sewer lines underground shall be undertaken ` ithout first having complete plans for such work reviewed and approved by the City Department o.Public Works. League agrees that no such work shall be undertaken without appropriate permits fro the City. The cost of repairs to plumbing within the buildings shall be born exclusively by Lei gue. The cost of repairs to underground water and sewer lines shall be the responsibility of City. Section 12. League agrees that all requests for assistance from the C ty shall be made through the Parks and Recreation Department. The Parks and Recreation Depa ment shall be the liaison for resolution of any problems related to the administration of this Agre;ment. Section 13. It is the intention of the parties to encourage the use of tI e park facilities to host post- season League tournament and Ail-Star tournament play. League agr s 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 wit,i complete schedules of the tournament play as soon as they are available. Use of the park fac,lities is subject to any prior scheduled use.The schedules referenced in this section 13 shall be su,ject to the City's review and approval. Section 14. League shall provide reduced or waived registration fees t,; certain individuals based on need. The degree and amount of such assistance shall be at League's discretion. League shall provide such infonmation as may be required by City in an annual end-Of-season report,which report shall include,but not be limited to, information detailing numbers of`idividuals to whom reduced program fees or other assistance was provided, the amounts provideo I by such assistance and the criteria used to establish which individuals received such scholarship;assistance. Section 15. Outside vendors shall not be allowed on the park premi s during scheduled League games or practices except by the express written consent of League an ,City,and in accordance with all applicable ordinances and statutes. City shall have the exclusiv,, right to authorize outside vendors during any period in which League is not scheduled to use t e facilities pursuant to this agreement or other written agreement with City. Section 16. League shall be responsible for any League property th it is stored or utilized in the structures or facilities or on site. Section 17. League shall provide a certificate of insurance evidencin` general liability insurance with limits not less than$1,000,000 per occurrence for bodily injury, rsonal injury and property damage. The certificate of insurance shall name the City of Elgin as ad itional insured and state the 3 FARecreationWouth Sports Grant Program Files\Youth Sports Groups Contracts\Agreements 2014-2019 gin National Little League.Doc 2014-05-20 06:33 Target Stores 8476451182 >> P 4/6 coverage is primary and non-contributory to any insurance carried b'. the City of Elgin. Section 18. League shall agree that League shall receive signed waiv rs,which have been approved by City Legal Department,from all participants and players releasin ' City of all liabilities prior the use of the facilities, on an annual basis. Section 19. League agrees that League shall have all coaches and `anagers submit to and pass a criminal history background investigation prior to volunteering with League. Section 20. This agreement constitutes the sole agreement between t a parties hereto. There are no other agreements,either oral or implied between the parties hereto. Section 21. This agreement shall be binding upon and inure to t, e benefit of League and its successors, but this Agreement cannot be assigned. Section 22. This agreement shall terminate on December 31,2019,u less otherwise terminated as provided for herein. Either party hereto may terminate this agreem t for any or no reason upon thirty (30) days written notice to the other party, or upon an unc red material breach of this Agreement upon five(5)days written notice. Section 23. The terms of this agreement shall be severable. ]n t'e event any of the terms or provisions of this agreement are deemed to be void or otherwise une"'forceable for any reason,the remainder of this agreement shall remain in full force and effect. Section 24. This agreement shall be subject to and governed by the la 's of the State of II linois. The venue for the resolution of any disputes or the enforcement of an` rights arising out of or in connection with this agreement shall be in the Circuit Court of Kane, ounty,Illinois. Section 25. This agreement shall not be construed as constituting joint venture, partnership, employment or other agency relationship of any kind between the pa';ies hereto. Section 26. League shall comply with all applicable federal,state and[; cal laws. Failure to comply with this Section shall constitute a material breach of this agreeme t, and shall entitle City to terminate this agreement as provided for herein without penalty to Ci: . Section 27. League shall be solely and strictly liable for the acts ; r omissions of League, its volunteers, officers, members, agents, employees, independent con'actors, guests, patrons and invitees. To the fullest extent permitted by law, League shall indemni ,defend and hold harmless the City,its officers,employees,agents,boards and commissions,fro and against any and all suits, claims, causes of action,judgments, costs, attorney's fees, damages,;expenses or other relief on account of injury or damages to persons or property,sustained or claim' d to have been sustained by anyone whosoever,by reason of or arising from the performance of this Agreement or the operation, use, possession or occupation of the Field or the improvements th; reon, whether such use is authorized or not, or by reason of or arising from any act or omissio' of League, its volunteers, officers,members,agents,employees,guests,patrons,or invitees. Lea e shall pay for any and all 4 FARecreationWouth sports Grant Program Files%Youth Sports Groups Contracts\Agreements 2014-2019 gin National Little League.Doc 2014-05-20 06:33 Target Stores 8476451182 >> P 516 damage to the property of the City,or theft of such property,done or' aused by any such person. In the event of any action against the City, its officials,officers,emplo ees,attorneys,agents,boards and commissions covered by the foregoing duty to indemnify,defend' nd hold harmless,such action shall be defended by legal counsel of City's choosing,the costs of ich shall be paid by League. The provisions of this paragraph shall survive any expiration or to 'ination of this Agreement. Section 28. Any grants or other monies provided by the City to the L ; gue shall be expended by the League only and solely for the purposes as prescribed by the Cit '; and pursuant to any further additional rules,restrictions or regulations as may be imposed by theCity with respect to any such grant or monies. Nothing herein shall require the City to provide the ague any specified amount of a grant or monies. EXECUTION,this agreement may be executed in counterparts,eackof which shall be an original and all of which shall constitute one and the same agreement. For t purposes of executing this agreement,any signed copy of this agreement transmitted by fax mac ine or e-mail shall be treated in all manners and respects as an original document. The signature any party on a copy of this agreement transmitted by fax machine or e-mail shall be considered fb` these purposes as an original signature and shall have the same legal effect as an original signature.; Any such faxed or e-mailed copy of this agreement shall be considered to have the same bindin legal effect as an original document. At the request of either party any fax or e-mail copy o this agreement shall be re- executed by the parties in an original form.No party to this agreem`nt shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever wa ve such defense. IN WITNESS WHEREOF,the City of Elgin, Illinois has caused this ` greement to be signed and executed in its behalf by its City Manager and duly attested by its City lerk'and League has caused this Agreement to be signed and executed in its behalf by its President ' d its Vice President both in duplicate,the day and year first above written. CITY OF E GIN` a municipal corporation �J Sea tegall City Manager Attest: City Clerk League: , (T ao,4L L: ELF L_64 (Fill-i` name of youth league) 5 FARecreationWouth Sports Grant Program Fileffouth Sports Groups ContractMgreements 2014-20191E1g National Little League.Doc 2014-05-20 06:34 Target Stores 8476451182 >> P 6/6 President c Vice resid nt b FARecreationWouth Sports Grant Program Files\Youth Sports Groups Contracts\Agreements 2014-20141Etgi', National Little League.Doc