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Organization acknowledges and agrees to all of the Rules, Guidelines, Terms and Conditions set forth on pages 1-9 herein, and Exhibit A attached hereto.
REQUIRED TO START YOUR SEASON:To avoid delays in gaining site and facility access, please provide the following items to the Homer Glen Village Manager no later than two (2) weeks prior to your first field usage date.
1) Your organization’s priority usage dates are _________________ to _____________, and are subject to change based on weather or other unforeseen conditions as Village of Homer Glen determines. Usage outside of these dates must be petitioned and approved by the Homer Glen Board of Trustees.
2) To the maximum extent permissible by law, Organization shall protect, defend, indemnify and hold harmless the Village of Homer Glen, and its officers, officials, Village President, Board of Trustees, agents, employees, representatives, volunteers, and attorneys, (hereinafter referred to collectively as “Indemnitees”), from and against any and all claims, losses, damages, causes of action, suits, and liability of every kind, including but not limited to all litigation expenses, court costs, expert fees, and attorneys’ fees, (“hereinafter collectively referred to as Claims”) for injury to or death of any person, and any loss of or damage to any property that is caused by, alleged to be caused by, or arising from the Organization’s use of his Agreement.
To the maximum extent permissible by law, said indemnity shall apply regardless of whether said Claims were (1) caused in whole or part by Organization, any sub-Organization, Organization’s contractor or subcontractor; or any third-party; and/or (2) caused in part by the Village, or any of the other Indemnitees. The Organization’s obligations to protect, defend, indemnify and hold harmless shall not be construed to negate, abridge, or otherwise reduce any other right or obligations that the Organization may have to protect, defend, indemnify, and hold harmless, which would otherwise exist as to any party or person described in this Paragraph.
The Organization shall similarly protect, defend, indemnify, and hold harmless the Indemnitees from any and all claims, costs, causes, actions and expenses including but not limited to legal fees, incurred by reason of Organization's breach of any of its obligations under, or Organization's default of, any provision of this Agreement.
3) Organization agrees to procure, provide and maintain the types of insurance and specified amounts as set forth in Exhibit A, which the Village has the right to amend and supplement in the future, and the Organization agrees to name as additional insureds, the Village of Homer Glen, and its officers, officials, Village President, Board of Trustees, agents, employees, representatives, volunteers, and attorneys, on a primary non-contributory basis. Organization shall furnish to the Village, prior to using any of the Facilities and appurtenances under this Agreement, and annually thereafter, satisfactory proof of the above insurance requirements by a reliable insurance company or companies authorized to do business in Illinois. Such proof shall include certificates of insurance executed by the respective insurance companies, of the type and in the amounts set forth in Exhibit A, and shall include both the facilities, fields, and general use of all Village of Homer Glen facilities and appurtenances throughout the present year, which include, but is not limited to the use of Village Hall for meetings, registrations, cheerleading fittings, etc., in addition to park and field restrooms, parking lots, concession areas, etc. The insurance shall contain no special limitation on the scope of protection afforded the additional insureds, and shall contain a “contractual liability” clause. Athletic participation must not be excluded, and Organization’s insurer shall agree to waive all rights of subrogation against the Village. Before this Agreement goes into effect, Organization shall deliver to the Village a Certificate of Insurance satisfactory to the Village, including without limitation the above policy limits, coverage terms, and additional insureds. Organization’s failure to provide a certificate of insurance satisfactory to the Village within two business days prior to Organization’s first rental date, shall constitute a substantial breach of the Agreement. Any lack of, or deficiencies in insurance coverage by Organization shall not be construed as a waiver of the Organization’s obligations or financial responsibility for any claims, damages, losses, and expenses, including but not limited to legal fees, as described in the Indemnification, Defense and Hold Harmless provisions set forth above. The Village will not in any way defend the Organization in matters of liability or potential liability.
4)Provide in print a full and complete listing of all board members, directors, managers, and coaches including name, address, phone number, and email address.
5)Provide in print a full and complete listing of all participants including name and address and email address. This applies to any organization allowed to have regularly scheduled games, tournaments or who are granted priority/reserved use of the facilities.
6)Each individual sport must report coaches/managers, rosters, schedules, and insurance coverage when it differs from that of the umbrella organization, i.e., Travel Leagues /Cheerleading /Flag Football/Lacrosse, Pickle Ball, etc.
Please Note the current Policy for Field Use specifies that: “Village of Homer Glen requires that each organization maintain an average of 50% Village of Homer Glen residents.”
7)Instruct only authorized representatives of your Organization to make requests of the Village. Please provide in print the names, contact information (cell phone & email address), position and/or title of person(s) who are authorized to act on behalf of your organization with Village of Homer Glen in the following capacity:
a.Point of contact in case of emergency and/or after business hoursb.Submission of all invoices and/or financial inquiriesc. Reporting of complaints and/or maintenance issues
Please Note: Business Hours 7:00 a.m.- 3:30 p.m. Contact: Ashley Kocolowski at akocolowski@homerglenil.org or 630-335-4797.
After hours: 3:30 p.m.- 7:00 a.m. Contact: Bill Fossard at bfossard@homerglenil.org or 630-743-8770.
8)A written schedule/calendar of games, tournaments, clinics, events, and other anticipated uses during your season must be provided prior to taking possession of the facilities. This includes providing a written schedule of the dates and hours (start & stop times) your organization will be using any Village property and/or facilities. These are the only times your organization will be authorized to use the facilities. The Village requires advance notice if there is any deviation from this schedule. Requests for additional use must be submitted and authorized by the Village Manager at least one week prior or the event will not be allowed.
The Organization must pay expenses for any requests of extended amenities, i.e., portable restrooms, trash pick-up, etc.
Homer Glen Event dates are as follows:•Star Gazing: May 17, 2024 and September 13, 2024•Homer Fest: June 27th, 28th, 29th, 30th•Movie Nights: July 12th, 26th and August 9, 2024
NO ORGANIZATION OR CLUB EVENTS TO BE SCHEDULED ON THESE DATES
9) Any and all medical waivers, liability waivers, disclaimers and/or Hold Harmless agreements distributed and used by the Organization must include a waiver of any liability against “The Village of Homer Glen, and its officers, officials, Village President, Board of Trustees, agents, employees, representatives, volunteers, and attorneys,” arising from the Organization’s use of the Village’s Facilities, property, and appurtenances under this Agreement.
10) Village of Homer Glen requires proof that your organization’s 501C3 status is active. An umbrella organization’s 501C3 may be acceptable as well.
11) Any activities taking place on Village property must comply with established policy, insurance requirements, fire codes, traffic regulations, Village Code and all regulatory laws.
12) The only person authorized to direct, or place orders with the Village maintenance employees and contractors is the Village Manager or his designee(s). Please put all requests for services in writing to the Village Manager. Verbal requests or agreements made with employees, contractors, and/or vendors are unenforceable and invalid.
13) All buildings and property including sheds, gates, announcers’ booth, etc., must be accessible to the Village Manager and Village officers, and employees at all times—no exceptions. The Organization shall not change any keys or locks. The Village controls access to all keys. The Organization shall direct any and all requests for keys to the Village, provide a reason for the request, and if approved, shall sign for each key and return the same to the Village at the conclusion of each season. All properties are subject to inspection by the Village, Fire Department, Health Department and Compliance Inspectors without prior notice.
14) The Organization hereby agrees an acknowledges that the Organization shall be responsible for inspecting the Facility subject to this Agreement prior to each use and shall be responsible for bringing to the Village’s attention any potential dangers, safety hazards, concerns or problems, hereinafter collectively referred to as “potential concerns”. For purposes of this Agreement, appurtenances shall be liberally construed and includes, without limitation, parking lots, common areas, restroom facilities, courts, fields etc. The Organization hereby acknowledges and agrees that the Organization is solely responsible for determining whether the Facility and its appurtenances are safe, appropriate, and/or compatible for Organization’s intended use. If the Organization identifies a potential concern, the Organization acknowledges that it may take 3 – 7 business days or greater for the Village to respond to the Organization’s notification of a potential concern, or any request for repair work, and that the Organization agrees and acknowledges that during this response period, any and all use of Village property/facilities to which the potential concerns or request for repairs relate shall cease.
If the Village determines that any request/notification that requires repair services were due in whole or part to the Organization’s use of the Village property/facilities, Organization agrees to reimburse the Village within 30 days of receipt of an invoice.
15)Organization agrees that an officer or representative of Organization, over the age of 21, will remain on the premises at all times, to ensure that the Organization complies with all of the duties and responsibilities under this Agreement. The Organization is solely responsible for providing any and all supervision at all times during Organization's use of Facility, including, but not limited to, the identified Facility space, appurtenances and all common areas.
16)Organization acknowledges and agrees that it cannot direct or otherwise perform any repairs, alterations, improvements, additions, and/or deletions to or upon any Village property, including but not limited to the overall Facilities, i.e., all park property, landscape, buildings, equipment, parking lots, storm water detention basins, wells, utilities, fencing, batting cages, garage doors, sheds, announcer booths, and storage units, without the prior written request and approval from the Village Board of Trustees.
17)Any and all requests for substantial site repairs, additions and/or improvements must be directed to the Village of Homer Glen via email (need sport contract email). Any work or services performed on Village property must be first approved by the Village of Homer Glen Board of Trustees, via resolution, and if so approved, performed by a licensed professional and proof of such shall accompany any proposals including a completed IRS W-9 form, insurance documents, registration, and permit applications (if required) in advance. Failure to comply will subject your organization to restoration fees, violation fines, and could result in the suspension or revocation of facility use.
18)Any and all vendors or contractors that the Organization contracts or uses that relate to the Organization’s usage of the Village property/facility (which includes for example umpires & referees), must be reviewed and approved in by the Village. In order for the Village to review the same, the Organization shall provide to the Village of Homer Glen, a copy of the Contractual Agreement, description of work/services to be performed, name and contact information of the officers of the requested contractor or vendor, date and time of event, number of participants, and provide a certificate of insurance from the vendor or contractor naming the “Village of Homer Glen, and its officers, officials, Village President, Board of Trustees, agents, employees, representatives, volunteers, and attorneys,” as additional insureds, and further satisfy all insurance coverage and limit requirements as set forth in Exhibit A. Again, compliance with all regulatory guidelines is required and verification of such must be provided to the Village of Homer Glen prior to the performance of any such work or services. The Village of Homer Glen is not liable for food service at any Organization event. All food trucks must pass their food service inspection with the Will County Health Department.
19)The Organization agrees and acknowledges that it does not have the authority to assign, sublease, rent, contract, or subcontract any of its usage rights under this Agreement; and agrees and acknowledges that it has no authority to direct or grant any persons or entities permission to use any Village property/facility. Any such organization, entity or person using the Village, without the prior consent/approval of the Village of Homer Glen’s Corporate authorities, via a resolution from the Village Board, shall be construed as an unauthorized trespass, and said entities and/or individuals may be subject to civil and/or criminal penalties.
20)Students hired by your organization must comply with all regulatory laws. Minors shall be under direct adult supervision at all times and should not be given access keys to the buildings.
21)Use of Village properties for conducting commercial purposes is strictly prohibited.
22)Use of golf carts and motorized equipment shall be limited to adults, 21 years of age or older, for maintenance purposes only.
23) The standard trash removal service supplied by the Village for its properties is two times per week. Any special requests above the standard provisions should be submitted to the Village in writing. If you require additional services or extra dumpster pickups, this extra service will be ordered through the Village’s service account and invoiced to your organization for reimbursement. Porta-potties will be serviced two times a week during the season. The Village provides three regular and two handicap porta potties for baseball and two standard porta-potties for football. (please note the price for handicap porta-potties is an additional cost. The organization will be responsible for costs if requesting additional porta-potties.
24) The Organization must provide proof of insurance coverage on any equipment that will be used outside of league hours and schedule. This includes soccer goals that may be used by the general public outside of programmed use.
25) The Village of Homer Glen’s Parks and Recreation Department makes every effort to perform lawn maintenance, i.e., mowing grass, weed whacking, etc., at all parks, open space sites, and properties once per week (weather permitting). Please let us know if there is a preferred day for mowing the sports fields by submitting a written request (link to on-line request form) to the Village and we will try to accommodate all requests to the best of our abilities. Excessive amounts of trash on the fields will be fined a fee.
26)Organization shall clean up all litter after each use and acknowledges that a reasonable clean-up fee will be assessed if your Organization fails to do so.
27) The Village has accounts with the utility companies that service our properties for electricity, gas, water, trash removal, etc. In turn, we invoice and are reimbursed by the various organizations for their specific use. The Organization is responsible for any late fees incurred by the Village of Homer Glen due to late payments received from the clubs. The Organization will be invoiced monthly. Payments are required no later than the due date indicated on the invoice received from Village of Homer Glen. Any unpaid monthly balances will be assessed a service/late fee of 10% of the unpaid balance due. All utilities included in this item are billed to organization with priority use. Bills that are over or underlap dates will be prorated. The Village of Homer Glen provides two dumpsters. (One for football and one for baseball) If an extra dumpster is required, the organization is responsible for payment.
28) Any balances, fees or invoices outstanding with the Village are subject to a late fee. Unpaid balances after 30 days will result in suspension of use at the facilities until paid in full. Repeated infractions will result in permanent revocation of all facility use by the organization.
29) Any and all fees and costs associated with the breach of, and/or enforcement of the terms, conditions and provisions of this Agreement, shall be at the sole expense of your organization which includes, but is not limited to all legal and attorney’s fees incurred by the Village.
30) Organization acknowledges that it must obtain approval for temporary food licenses from the Will County Health Department, if Organization intends on offering any concessions of any kind for your events.
31) At the completion of the assigned season, the designated Village employee will be responsible for scheduling an appointment to collect all keys and conduct a final site visit. Park facilities with key codes will be changed at the end of each assigned season. If access is required after your season ends, advance notice with the Village will be required.
32) This Agreement relates to Facility usage within the State of Illinois. Accordingly, this Agreement, and all questions of interpretation, construction and enforcement hereof, and all controversies hereunder, shall be governed by the applicable statutory and common law of the State of Illinois. The Parties agree that for the purpose of any litigation relative to this Agreement and its enforcement, venue shall be in the 12th Judicial Circuit Court, Will County, Illinois, and the Parties to this Agreement consent to the in personam jurisdiction of said Court for any such action or proceeding. Furthermore, the Parties agree that the terms and provisions of this Agreement, inclusive of all Exhibits, shall not be construed against any Party, as the drafter or principal drafter of this Agreement. The headings as used in this Agreement are for purposes of reference only, and shall not be construed as having any interpretive meaning or effect.
33) A Party’s failure to enforce any provisions herein, shall be limited to the particular instance, and shall not be construed as a waiver of, or bar to the enforcement of the same provision in the future.
34) If any provision of this Agreement is found to be invalid, illegal or unenforceable, that provision shall be severable from the rest of this Agreement and the validity, legality and enforceability of the remaining provisions will in no way be affected or impaired.
35) This Agreement and its Exhibits constitute the entire understanding of the Parties as it relates to this Agreement, and supersedes any and all prior agreements, express or implied, oral or written. Any and all future amendments or modifications to this Agreement shall be in writing, and properly executed by the Parties.
CERTIFICATION.
Under penalties of perjury, I, _________________________________, as an authorized representative of ____________________________________________________, acknowledge that I have received and read all information provided by Village of Homer Glen for facilities use and agree to and will abide by all of the terms, conditions, and provisions regulations set forth in this Agreement . Further, the Organization represents and warrants that all of the information submitted to Village of Homer Glen by is true and correct.
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