17-0224 South Elgin Police Training UseTRAINING USE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 24th day of February 2017 ,
by and between the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as the "City"), and
the Village of South Elgin Polig , (hereinafter referred to as the " SEPD
and
WHEREAS, it is in the City's best interests to provide for live training for Active Shooter /Rapid Dep>g ;
WHEREAS, the City owns buildings located at the address commonly known as 1600 Dundee Ave, Elgin
(hereinafter referred to as "Property "); and
WHEREAS, SEPD and City have each determined that it is in their best interests to permit
the SEPD to use Property for live training for members of Police Departm ; and
WHEREAS, the City acknowledges
SEPD
's training activities do not have the intent to
damage and will, in fact, not cause damage to the buildings on the Property of the City.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows:
The City shall permit SEPD to use Property for non - destructive training on
May 9 , 2017 through May 11 2017
2. SEPD
hereby waive and release the City from and against and all suits, claims for
damages and any and all other liability of whatsoever nature arising out of or claimed to have arisen out of
or claimed to have arisen out of or in connection with SEPD 's use of Property for training,
specifically including, but not limited to, any claim for damages or other liability claimed resulting from any
damage to the Property or to any person or any person's personal property.
3. This agreement may be terminated by either party hereto upon two (2) days written notice for
any reason. In the event of such termination by either party or by operation of time, neither party shall be
liable to the other for any claims for damages or other liability of whatsoever nature arising out of or in
connection with such termination.
4. The terms of the agreement shall be severable. In the event 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.
5. This agreement shall not be construed as to create a partnership, joint venture, employment
or other agency relationship between the parties hereto.
6. This agreement shall be subject to and governed by the laws of the State of Illinois. Venue for
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.
7. This agreement is the sole agreement between the parties hereto. There are no other agreements,
either oral or implied, between the parties hereto. This agreement may not be modified except by written
amendment by the parties hereto.
The parties hereby acknowledge they do not by this agreement waive any rights they may assert
as provided by Kotecki v. Cyclops Welding Corporation 146 Ill. 2d 155, 585 N.E. 2d 1023, 166 Ill. Dec. 1
(Illinois Supreme Court 1992).
9. SEPD acknowledge and agree that the buildings on the Property may not be at
applicable code standard, including but not limited to fire detection and/or suppression or structural integrity.
10. All students and instructors at the SEPD training will be SEPD
employees acting within the scope of their employment. As such, the SEPD shall bear the full
responsibility and liability for satisfying the exposure requirements mandated by the Worker's Compensation
Act.
IN WITNESS WHEREOF, the parties hereto have entered into and
date and year first written above.
CITY OF ELGLJ�Jra municipal
Lo
City Manager
Art s .
City rk
OFFICIAL SEAL
MARGARET HAACKER
NOTARY PUBLIC - STATE OF ILLIVI;S
MY COMMISSION EXPIRES:04113H7
-2-
Attest:
Its
this agreement