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HomeMy WebLinkAboutRESOLUTION - 4-22 - 1/25/2022 - Elk Grove Village Concert Band AgreementRESOLUTION NO.4-22 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE A LICENSE AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND THE ELK GROVE VILLAGE CONCERT BAND 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 Mayor be and is hereby authorized to sign the attached document marked: ELK GROVE VILLAGE CONCERT BAND LICENSE AGREEMENT a 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 documents upon the signature of the Mayor. 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 25th day of January 2022. APPROVED this 25th day of January 2022. APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk CONCERT BAND LICENSE AGREEMENT This Agreement is made as of this 25 b day of January, 2022 by and between the Village of Elk Grove Village, an Illinois Municipal Corporation (the "Village"), and the Elk Grove Village Concert Band (the "Licensee"). A. The Village is the Owner of the Charles J. Zettek Municipal Complex located at 901 Wellington Avenue, Elk Grove Village, IL. Room E and Room F within the Municipal Complex shall hereinafter jointly referred to as "the premises". B. The Village has agreed to license the premises for a trial period upon the terms and conditions provided herein. C. This document constitutes a license and is not an easement or lease. Nothing in this License Agreement or the subsequent dealings between the Village and Licensee shall constitute or be interpreted as a grant of any property interest from the Village to the Licensee in the premises. NOW, THEREFORE, in consideration of the foregoing recitals, this License is made upon the following express covenants and agreements, each of which is made a condition hereof. 1. License Premises — The Village hereby grants a revocable license to use the premises. The premises shall be used solely by the Licensee for the purposes of storing band equipment and conducting band practice in strict conformance with the terms and conditions of this License Agreement. 2. Term — The term of this License Agreement shall commence on February 1, 2022 and shall expire on January 31, 2023. 3. Use of the Licensed Premises — Licensee may use Room F solely for the storage of band equipment. The Village shall provide Licensee access to Room F. When accessing Room F and transporting equipment, Licensee shall not disrupt ongoing meetings or events. Licensee may use Room E solely for the purpose of band practice, and must schedule any and all practices in advance with the Village Manager's Office. 4. Reservations Required — Pre-existing meetings and Village -sponsored programs shall have priority over Licensee's requests for use of Room E. Reservations will be made when rooms are available. Licensee must reserve space with the Village Manager's Office as far in advance as possible. Reservations cannot be made more than one year in advance and may be subject to cancellation due to various operational needs. 5. Signage - Licensee shall not post signs in or around the Municipal Complex without approval from the Village Manager. 6. Permitted Access - When scheduling is approved, Licensee shall have access to Room E, Room F, the entrance and restrooms. Licensee shall not be permitted in the general or private office areas, including the lunch room. 7. No Smoking - Smoking is not permitted anywhere in the municipal complex at any time. In addition, no member of licensee will be permitted to smoke on the grounds surrounding the municipal complex. -2- 8. No Porter Service - The Village shall not provide porter service to carry supplies to and from or within the licensed premises, and custodial help is not available for anything other than normal maintenance of the rooms. The Village shall not have personnel to assist with practices or retrieval of equipment from storage. 9. Licensee PropertX - The Village assumes no responsibility for property brought in or left behind after Licensee's use of the premises. 10. Equipment - Licensee must provide their own equipment, including easels, music stands, projectors, VCR's, televisions. Licensee may use the chairs available in Room E. 11. Right to Rescind License - The Village reserves the right to rescind Licensee's use of the premises if the terms and conditions of this agreement are not met, as determined by the Village in its sole discretion, or for any reason with 30 days' notice to Licensee. If the Village rescinds the Licensee's use of the premises, Licensee must remove all equipment and other property stored on the premises within fifteen (15) days. 12. Designated Point of Contact — Licensee must appoint a designated Point of Contact "POC" who shall be responsible for scheduling use of the premises and making all other necessary decisions and determinations in cooperation with the Village. Licensee must provide contact information, including a cell phone number and email address for the designated POC. The POC shall be in attendance at all times during set up, operation, and use of premises. If POC appoints a designee to temporarily fulfill these responsibilities, the POC must provide notice to the Village Manager's Office at least one business day prior. 13. Parking — The Village shall have no obligation to secure private parking for the Licensee. 14. Promotion and Marketing — The Village will assist Licensee with promoting concerts held in the community through the Village's communications channels, including the newsletter, electronic sign and Village website, when practical. Licensee must provide materials to the Village Manager's Office as far in advance as possible. The Village reserves the right to edit all messages, and shall work to coordinate on any necessary changes with the Licensee POC. 15. No alterations and Additions — The Licensee shall make no alteration, addition, improvement or change in or to the premises. Licensee must leave the premises in the same condition as they were found. 16. Compliance with Laws and Ordinances — The Licensee shall comply with all laws, ordinances and requirements of the State and Village. 17. Waiver Risk of Laws — To the greatest extent permitted under Illinois law, neither the Village nor any of its officers, appointees, agents, employees, member's affiliated entities shall be liable for any accident, injury or death, loss or damage resulting in any person or properties sustained by the Licensee or the Licensee's agents, employees/invitees, or anyone claiming by or through the Licensee on the licensed premises without limitation, for the criminal acts of third parties. The Village shall have no obligation to provide security services, traffic direction, or other Police services beyond the typical police service provided to every resident and business in the Village. All property of the Licensee or Licensee agents, employees and/or invitees, anyone claiming by or through the License or any user of the licensed premises shall be at the risk of the Licensee or such other person, and the Village shall not be liable for any damages thereto, including without limitation theft or vandalism of any vehicle or property at the licensed premises unless the property damages are the result of the sole -3- negligence of the Village and not subject to an existing privilege or immunity. Nothing in this License Agreement shall be interpreted to waive any immunities or privileges provided to the Village as an Illinois Municipal Corporation under Illinois law, such privileges and immunities being specifically reserved by the Village in all circumstances. 18. Hold Harmless and Insurance — The Licensee shall carry insurance during the entire term hereof insuring Licensee, and insuring, as additional named insurance, the Village and its officers, appointees, agents, employees and affiliated entities as their interests may appear, with comprehensive liability insurance during the entire term hereof, with terms and companies satisfactory to the Village, with limits not less than $1,000,000 combined single limit per occurrence for personal injury, not less than $300,000 limit for property damage, with a general aggregate of not less than $2,000,000. The insurance shall cover all of the Licensee's use of the premises as authorized by this agreement. Licensee, to the greatest extent permitted under Illinois Law, shall defend, hold harmless and indemnify the Village, its officers, appointees, agents, employees and affiliated entities for any and all claims, actions, causes of action, demands, injuries, damages, costs including reasonable attorney's fees resulting from the Licensee's operations and possession of the licensed premises only up to the maximum level of insurance provided under the terms of the insurance policy for the benefit of the Licensee and the Village. Licensee shall, prior to the commencement of the Agreement term, furnish to the Village certificates of evidence of such coverage, which certificate shall state that such insurance coverage may not be changed or cancelled without thirty (30) days written notice to the Village. 19. Support Contribution —The Village shall have no responsibility for any costs associated with Licensee operations or relocation. However, in recognition of the costs associated with relocating and rebranding, the Village will make a one-time monetary donation of $2,500 to Licensee, payable upon execution of this agreement. 20. Logo Approval — Licensee shall provide a draft image of their new Elk Grove Village Concert Band Logo for the Village's review and approval. VILLAGE OF ELK GROVE VILLAGE am Mayor Craig B. Johnson ATTEST: Loretta M. Murphy, Village Clerk ELK GROVE VILLAGE CONCERT BAND LE Judy Cittadino, President