15-0112 Elgin Blue Wave Masters Swim Team COVERSHEET
Agreement/Document Attached
Document Name in Laserfiche:
15-0112 Elgin Blue Wave Masters Swim Team
ELGIN POOL USE AGREEMENT
This agreement is hereby made and entered into this rr�
l day of
OROA,-- , 2015, by and between the City of Elgin, Illinois, a municipal
corporation (hereinafter referred to as "City") and Elgin Blue Wave Masters Swim Team, an
Illinois not-for-profit corporation(hereinafter referred to as "Blue Wave").
WHEREAS, the City owns and operates a recreational facility commonly known as the
Centre which includes a public pool facility(hereinafter referred to as the "Pool"); and
WHEREAS, Blue Wave wishes to use the Pool during both extended and exclusive hours
of operation; and
WHEREAS, the City and Blue Wave have each determined it to be in their best interests
to memorialize their agreement regarding Blue Wave's aforementioned use of the Pool during
extended and exclusive hours of operation.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the receipt of which is hereby mutually acknowledged, the parties hereto hereby agree as
follows:
1. The above recitals are incorporated into and made a part of this agreement as if
fully recited hereby.
2. This agreement shall terminate December 31, 2015.
3. Blue Wave shall require all of its participating members to purchase a Centre
membership which includes a pool option effective during the term of this agreement.
4. Blue Wave shall be permitted to use the Pool and the following specified
materials during the following times and to the following extent:
Monday: 7:30—9:00 p.m.
Tuesday: 7:00— 8:00 p.m.
Wednesday: 7:30—9:00 p.m.
Thursday: 7:00— 8:00 p.m.
Sunday: 8:00—9:30 a.m.
5. The City may prohibit Blue Wave from the exclusive use of all or any portion of
the Pool or the aforementioned materials at any time based on the operational needs of the City
in the City's sole discretion without penalty.
6. In the event of a breach of this agreement by the City, Blue Wave's sole and
exclusive remedy shall be injunctive relief requiring the City to provide exclusive Pool use
pursuant to the terms and provisions of this agreement. In no event shall Blue Wave be entitled
to any monetary damages against the City.
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7. This agreement shall be subject to the laws of the State of Illinois. Venue for the
resolution of any disputes or the enforcement of any rights arising out of or in connection with
this agreement shall be in the Circuit Court of Kane County, Illinois.
8. This agreement may be executed in counterparts, each of which shall be an
original and all of which shall constitute one and the same agreement. For the purposes of
executing this agreement, any signed copy of this agreement transmitted by fax machine or e-
mail shall be treated in all manners and respects as an original document. The signature of any
party on a copy of this agreement transmitted by fax machine or e-mail shall be considered for
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 binding legal effect as an original document. At the request of either party any fax or e-
mail copy of this agreement shall be re-executed by the parties in an original form. No party to
this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and
shall forever waive such defense.
9. Blue Wave shall hold harmless, indemnify and defend the City from and against
any and all lawsuits, claims for damages, causes of action and any and all other liability of
whatsoever nature and in whatsoever forum arising out of or in connection with Blue Wave's
performance of the terms of this agreement or use of the Pool or its attendant facilities,
regardless of fault or alleged fault. In the event the City's rights pursuant to this provision are
exercised, legal counsel shall be of the City's choosing in the City's sole discretion.
10. The terms of this agreement shall be severable. In the event any of the terms or
provisions of this agreement are deemed to be unenforceable or void for any reason, the
remainder of this agreement shall remain in full force and effect.
11. This agreement shall not be construed or deemed to constitute a joint venture,
partnership, employment or other agency relationship between the parties hereto.
12. Blue Wave members shall comply with all applicable rules, regulations and
requirements associated with their individual membership, including but not limited to the
execution of any individual waiver forms as may be required by the City.
13. The City shall have the right to deny access to any Blue Wave member to the
Centre or the Pool for any reason in the City's sole discretion.
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CITY OF ELGIN: ELGIN BLUE WAVE MASTERS SWIM
TEAM:
By: mot'1,: By: C 04
i Manager `
Name/Print: (Or Ym-e, 0 k--,1 \1A. .
Attest: Title: Cc (,l ?-c-mknotpy
City Cler
F:\Legal Dept\Agreement\Elgin Pool Use Agr-Elgin Blue Wave Masters Swim Team-12-29-14.docx
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