17-0322 ILEAS Training UseTRAINING USE AGREEMENT
THIS AGREEMENT is hereby made and entered into this 22 0d day of March, 2017, by and between the
City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "the City "), and the Illinois Law
Enforcement Alarm System, a public agency formed pursuant to the Intergovernmental Cooperation
Act, (hereinafter referred to as "ILEAS ").
WHEREAS, it is in the City's best interests to provide for live training for ILEAS; and
WHEREAS, the City owns buildings located at the address commonly known as 1600 Dundee, Elgin,
Illinois (hereinafter referred to as "the Property "); and
WHEREAS, ILEAS and the City have each determined that it is in their best interests to use or permit
ILEAS to use the Property for live "Basic SWAT" training for members of ILEAS Special Response Teams;
and
WHEREAS, ILEAS represents that the Basic SWAT training are not intended to damage and will, in fact,
not cause damage to the buildings on the Property.
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:
1. The City shall permit ILEAS to use the Property for non - destructive training on October 7, 2017.
2. ILEAS hereby waives and releases the City from and against 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 in
connection with ILEAS's use of the Property for training, specifically including, but not limited to,
any claims for damages or other liability claimed resulting from any damage to the Property or
to any person or any person's personal property. ILEAS shall obtain a signed waiver from each
student which contains substantially the same waiver and release of the City; ILEAS shall
indemnify the City as to any student from which ILEAS does not obtain such signed waiver.
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.
S. 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 regarding the subject matter
herein. There are no other agreements, oral, written or implied, between the parties hereto
regarding the subject matter herein. This agreement may not be modified except by written
amendment by the parties hereto.
8. 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 III. 2d 155, 585 N.E. 2d 1023, 166 III.
Dec. 1(Illinois Supreme Court 1992).
9. ILEAS acknowledges and agrees that the buildings on the Property may not beat applicable code
standard, including but not limited to fire detection and /or suppression or structural integrity.
10. All instructors at the training will be ILEAS employees acting within the scope of their
employment. As such, ILEAS 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 executed this agreement on the date
and year first written above.
City of Elgin
a municipal corporation
By:/
1 City Manager
ILEAS
an intergovernmental public agency
By:
Special Teams Manager