Resolution 2003-21 STATE OF ILLINOIS )
�-' )ss
COUNTY OF KENDALL )
RESOLUTION 03-;1
RESOLUTION AUTHORIZING THE UNITED CITY OF YORKVILLE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT OF THE UNITED
CITY OF YORKVILLE AND NEW LIFE CHURCH FOR THE YORKVILLE SKATE
PARK ON BEHALF OF THE UNITED CITY OF YORKVILLE
WHEREAS, THE UNITED CITY OF YORKVILLE has received the Agreement of the
United City of Yorkville and New Life Church; and
WHEREAS, the UNITED CITY OF YORKVILLE has published in the Kendall County
Record their desire to sell the equipment located at the Yorkville Skate Park; and
WHEREAS,the New Life Church was the sole respondent to the UNITED CITY OF
YORKVILLE publication; and
WHEREAS, the Mayor and City Council have reviewed the attached Agreement between
the UNITED CITY OF YORKVILLE and New Life Church, and deem it to be in the best
interest of the City to enter into this Agreement;
NOW THEREFORE BE IT RESOLVED BY THE UNITED CITY OF YORKVILLE,
upon motion duly made, seconded, and approved by a majority of those Alderman voting,that
the Mayor and City Clerk are hereby authorized to execute the attached Agreement of the United
City of Yorkville, IL and New Life Church.
PAUL JAMES 4— MARTY MUNNS
RICHARD STICKA 4— WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this_JD:p day of ��,,LL ,A.D. 2003.
tv
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois
this 10 rday of u►x ,A.D. 2003.
Attest
Y CL
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
AGREEMENT
UNITED CITY OF YORKVILLE
And
NEW LIFE CHURCH OF YORKVILLE, INC.
This agreement is made and entered into this i � day of U1�1 2003, by
and between THE UNITED CITY OF YORKVILLE an Illinois municipal corporation (the
"city"), and the NEW LIFE CHURCH OF YORKVILLE, INC., an Illinois not-for-profit
corporation (the "Church").
WITNESSETH
WHEREAS, the City is the owner of the Skate Park (the "Park") which the Church
wishes to obtain from the City and the City wishes to offer the Church the Skate Park
equipment on the terms and conditions set forth herein.
NOW, THEREFORE, inconsideration of the covenants and agreements hereinafter
contained, it is mutually agreed by and between the parties hereto as follows:
FEES FOR USE. The City agrees to waive fees associated with the sale of the
skatepark equipment in exchange for the Church's assistance with removal and restoration
of the property known as parfection park, skate park.
FURTHERMORE, The church agrees to complete the restoration of parfection
park site to its original status through the disassemble and removal of the skate
equipment, pavers, fencing; and canopy, and breaking up and removal of the concrete;
and the removal of the gravel and providing of the black dirt fill. .
The City will coordinate the removal of the building, drinking fountain, landscaping and the
disconnection of the utilities.
Operation of Skate Park
In recognition of the donation by the City of the Skate Park equipment, the Church agrees
to operate the Skate Park for open to the general public during the posted times as
established by the Church. In addition, the Church will operate the park without
assessing a fee for use for one year. After said time the Church will fulfill their obligation
-and determine the best administrative practices for the future use.
Maintenance Agreement. In agreeing to obtain the Skate Park equipment from
the City, the Church agrees to assume all responsibility and liability associated with the
maintenance of, and the operation of the equipment.
Insurance
The Church shall maintain appropriate liability coverage to cover all parties associated with
the church during the removal of the skate park equipment and the work during the
restoration of the parfection park property.
�,, Furthermore, the church shall provide their own coverage for the operation of the skate
park at the 3205 Cannonball Trail site.
Waiver of subrogation. The Church waives all rights against the City for recovery
of damages to the extent these damages are covered by the liability insurance
maintained pursuant to this Agreement.
Indemnification. To.the fullest extent permitted by law, the Church will defend,
indemnify and hold the City harmless from all claims arising directly or indirectly from or in
connection with (i) the conduct or management of the programs and activities of the
Church; (ii) any act, omission or negligence of the Church or any of its directors, officers,
agents, employees, invitees or contractors of the Church; (iii) any accidents, injury or
damage whatsoever occurring on or at the Skate Park arising from, directly or indirectly,
the use of the Park by the Church or any of its directors, officers., agents, employees,
invitees or contractors, as well as participants in the Church's programs and activities
except to the extent of any negligent or wrongful act or omission of the City. However, this
limitation shall not in any way limit the Church's duty to defend the City.
IN WITNESS WHEREOF, the parties hereto have, the day and year first above
written, signed and executed this Agreement by virtue of authority given and granted by
the respective corporate authorities of the parties hereto.
THE UNITED CITY OF YORKVILLE
By:
Mayor, United Cify of Yorkville
By:
Park and Recreation Board
A t:
NEW LIFE CHURCH OF YORKVILLE, INC.
By:
Senior Pastor
Attest:
Representative