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HomeMy WebLinkAboutRESOLUTION - 59-20 - 8/11/2020 - Rainbow Falls Waterpark as a temporary Fire StationRESOLUTION NO.59-20 A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE ELK GROVE PARK DISTRICT TO UTILIZE THE RAINBOW FALLS WATERPARK BUILDING AS A TEMPORARY FIRE STATION NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Village Manager be and is hereby authorized to sign the attached document marked: INTERGOVERNMENTAL LEASE/LICENSE COOPERATION AGREEMENT FOR VILLAGE USE OF PARK DISTRICT'S RAINBOW FALLS COMMUNITY CENTER / WATERPARK FACILITY copy of which is attached hereto and made a part hereof as if fully set forth and the Village Clerk is authorized to attest said document upon the signature of the Village Manager. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 NAYS: 0 ABSENT: 0 PASSED this I1th day of August 2020. APPROVED this 11th day of August 2020. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk INTERGOVERNMENTAL LEASE/LICENSE COOPERATION AGREEMENT FOR VILLAGE USE OF PARK DISTRICT'S RAINBOW FALLS COMMUNITY CENTER / WATERPARK FACILITY This Intergovernmental Lease/ License Cooperation Agreement ("Agreement") is made and entered into as of the 25th day of July 2020, ("Effective Date") between The Elk Grove Park District, an Illinois municipal corporation ("Park District") and the ELK GROVE VILLAGE, an Illinois home rule body ("Village" or "Tenant"). WITNESSETH The following recitals are incorporated herein and made a part of this Agreement: A. Park District owns a parcel of land situated within the territorial limits of the Village and Park District, which parcel is commonly known as Rainbow Falls Community Center and Water Park ("RBF"). RBF is improved with indoor meeting space, restrooms, kitchen, shower facilities, outdoor pool deck, parking lot. B. Park District intends to lease/ license a portion of the Property to the Village of Elk Grove, said portion being designated the "Leased Premises" C. The "Leased Premises" for purposes herein shall include the entire building footprint, the sidewalks surrounding the building, all concrete patios and decks, and the parking lot. The "Leased Premises" commonly known as Rainbow Falls Community Center is located at 225 Rev Morrison Blvd Elk Grove Village II 60007 D. Park District intends to lease the Leased Premises to the Village for the period ("Term") of July 25, 2020 through November 6, 2020 excluding November 2 at 9:00am through November 3 at 10:00p.m. (election day) for the purpose of allowing the Village to temporarily house a crew of staff and fleet of vehicles for the Fire Department during construction of their fire house. E. Municipal vehicles operated by agents of the Village Fire Dept will be allowed to park only designated vehicles on the pool deck for security reasons. F. The Board of Park Commissioners of Park District has determined that it presently has no need to use or occupy the Leased Premises for Park District purposes. G. As additional consideration for the Park District's granting of the Lease and License contained herein, Village will cover the cost of utilities including gas, water, electric, waste hauling, and internet during the Term of this Agreement, as more specifically set forth herein. NOW, THEREFORE, in consideration of the promises herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is agreed by the parties pursuant to Section 3 of the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and §I0- 7(d) of the Park District Code, as follows: 1. Lease. Park District hereby leases to Village Leased Premises for the Term of July 25, 2020 to November 6, 2020 excluding November 2 through 3, 2020 for the purpose and on the terms and conditions contained herein. 2. Purpose. Village shall at all times during the Term of this Agreement use the Leased Premises solely for a temporary residence for fire department staff and vehicles. 3. Tenant's Duty to Repair and Maintain. Tenant, at its expense, will, except to the extent otherwise required of Landlord hereunder, maintain the Leased Premises in the condition same exist as of the July 25, 2020, ordinary wear and tear excepted, but not in such a condition as would preclude Tenant's use of the Leased Premises for its intended purposes during the Term. Tenant shall not permit the undue accumulation of waste or refuse matter upon the Leased Premises. At any time or times during the Term the Park District shall have the right to enter the Leased Premises for the purpose of having its Intergovernmental Agreement— Page 2 employee(s) and/or contractor(s) inspect same upon not less than 24 hours advance written/email notice to the Village, except in the event of an emergency (as determined in the sole discretion of the Park District) in which event advance written notice shall not be required. 4. Custodial Services. The Village shall be responsible to provide regular daily cleaning and periodic surface maintenance. 5. Premises availability. The Village must allow access for delivery and secure storage of polling machines on or about October 29-30, 2020. Village belongings must be removed from RBF Rooms A-B-C for polling setup on November 2 9:OOam through November 310:00pm. Insurance and Indemnification: 6. Coverage Requirements: In the event that Village purchases insurance from an insurance company, Village shall keep in force at all times during the Term of this agreement Commercial General Liability Insurance specifically including bodily injury, personal injury and property damage limits of not less than $3,000,000 per occurrence, written on an occurrence basis and at all times naming the Park District, its public officials, employees, and agents as additional insured. In the event that Village is self -insured, member of an intergovernmental pool or provides for its risk financing by a means other than commercial insurance, Village shall keep in force at all times during the Term of this agreement: (A) General Liability coverage specifically including bodily injury, personal injury and property damage limits of not less than $3,000,000 per occurrence provided on an occurrence basis and at all times specifically extending that coverage to Park District, its public officials, employees, and agents as additional insured;(B) insurance covering the full value of all alterations and improvements and betterments in the Leased Premises naming the Park District and the Village as loss payees as their interests may appear; and (C) insurance covering the full value of all furniture, trade fixtures and personal property (including existing FF&E and property of the Park District) in the Leased Premises or otherwise placed in the Leased Premises by or on behalf of the Park District. Village's insurance coverage shall be primary insurance as respects the Park District, its officers, officials, employees, volunteers, and agents. Any insurance or self-insurance maintained by the Park District, its officers, officials, employees, volunteers or agents shall be excess of the Village's insurance and shall not contribute with it. The insurer or self -insured risk pool for the Village shall agree to waive all rights of subrogation against the Park District, its officers, officials, employees, volunteers and agents for losses arising from this Agreement. In addition, Village shall furnish certificates of the insurance and/or coverage in place as required herein and including a 90 day notice of cancellation or reduction in limits. The policy and/or coverage shall also contain a "contractual liability" clause. 7. Indemnification: Further, and to the fullest extent permitted by law, Village shall protect, indemnify, save, defend and hold harmless the Park District, its officers, officials, volunteers, employees and agents, from and against any and all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including reasonable attorney and paralegal fees), which Park District and for which its officers, officials, employees, and agents may become obligated by reason of any accident, bodily injury, death of person, or loss of or damage to tangible property, arising indirectly or directly in connection with or under, or as a result of the activities and operations conducted pursuant to this agreement by or on behalf of Village. The insurance company, self-insurance pool or similar entity of the party providing the Intergovernmental Agreement — Page 3 indemnification shall be allowed to raise on behalf of the Park District any and all defenses statutory and/or common law to such claim or action which the Park District might have raised, including but not limited to any defense contained within the Illinois Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101, et seq (1991). 8. No Third Party Beneficiary. This Agreement is entered into solely for the benefit of the contracting parties, and nothing in this Agreement is intended., either expressly or impliedly,.to provide any right or benefit of any kind whatsoever to any person or entity who in not a party to this Agreement, or to acknowledge, establish or impose any legal duty to any third party. 9. Termination of Agreement. This Agreement (except for Paragraphs 12 and 13 hereof) and all rights and privileges hereunder, shall terminate at the end of agreed upon period. 10. Legal Fees/Expenses Village shall reimburse Park District for one-half (1 /2) of all reasonable legal fees, paralegal fees, out-of-pocket costs and expenses incurred by Park District in connection with the preparation, negotiation, execution, enforcement and implementation of this Agreement, within thirty (30) days after being provided with a copy of the invoice therefor, approved for payment by the Park District. 11. Severability In the event that any part of this Agreement shall be determined by a court of competent jurisdiction to be invalid or unenforceable, such invalidity shall not invalidate the entire Agreement and to the extent possible the remaining provisions of this Agreement shall be given full force and effect. 12. Notices Except as otherwise provided for herein, any notice required or permitted to be given hereunder shall be deemed given if mailed by certified mail, return receipt requested, with postage fully prepaid, to: If to Village. Elk Grove Village 901 Wellington Elk Grove Village, II 60007 Attention: Ray Rummel, Village Manager If to Park District: Elk Grove Park District 499 Biesterfield Rd Elk Grove Village IL 60007 Attention: Ben Curcio, Executive Director or to such other addresses designated in writing by either party hereto. 13. Governing Law. This Agreement shall be governed and construed in accordance with the laws of, and shall be enforceable in the courts of, the State of Illinois. IN WITNESS WHEREOF, Elk Grove Park District and Elk Grove Village have executed this Intergovernmental Lease agreement by and through their respective duly authorized officers as of the Effective Date First set forth hereinabove. Intergovernmental Agreement — Page 4 Village of Elk Grove Ray mel, Village Manager Elk Grove Park District Ben Curcio, Executive Director