HomeMy WebLinkAbout079-R-1810/01 /2018
79-R-18
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute a Parking
Memorandum of Agreement with Youth & Opportunity United, Inc.
(Y.O.U.)
WHEREAS, Y.O.U. is the owner of a parking lot located at 1623 Dodge
Avenue, Evanston, Illinois (the "Parking Lot'); and
WHEREAS, The City is the owner of that real property commonly known as
the Gibbs Morrison Cultural Center at 1823 Church Street, which is located across the
street from the Parking Lot; and
WHEREAS, Y.O.U. is willing to permit the City to utilize parking spaces
within the Parking Lot for visitors, employees, and other invitees to the Gibbs Morrison
Cultural Center; and
WHEREAS, in consideration, the City will let Y.O.U. use the Gibbs
Morrison Cultural Center three times per year during the term of this Memorandum of
Agreement for Y.O.U. meetings or events; and
WHEREAS, City staff will perform snow removal services for the parking
lot and surrounding sidewalk, and perform four annual clean-ups to remove weeds and
trim the plant material on the perimeter of the parking lot,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized to execute the
Parking Memorandum of Agreement with Youth & Opportunity United (Y.O.U.), an
79-R-18
Illinois not -for -profit corporation, attached hereto as Exhibit 1, the terms are
incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Parking Agreement as he may determine to
be in the best interests of the City and in a form acceptable to the Corporation
Counsel.
SECTION 3: This Resolution 79-R-18 shall be in full force and effect from
and after the date of its passage and approval in the manner provided by law.
Ste4H.Hage %
Attest:
Devon Reid, City Clerk
Adopted: 0c+0'0er oA 2018
Approved as to form:
Michelle L. Masoncup, Corporation
Counsel
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79-R-18
EXHIBIT 1
Parking Memorandum of Agreement
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MEMORANDUM OF AGREEMENT
Youth & Opportunity United, Inc., a/k/a Youth Organization Umbrella, Inc.
("Y.O.U."), and the City of Evanston, an Illinois municipal corporation (the "City") enter
into this Memorandum of Agreement to set forth the terms and conditions upon which
they will collaboratively share the parking lot at 1623 Dodge Avenue.
1. Use of Parking Lot:
A. Description of Parking Lot. Y.O.U. is the owner of that certain parking lot located at
1623 Dodge Avenue, Evanston, Illinois (the "Parking Lot'). The City is the owner of that
certain real property commonly known as the Gibbs Morrison Cultural Center at 1823
Church Street ("City Property'), located across the street from the Parking Lot.
B. Use of Parking Lot. Y.O.U. agrees to allow the City and the City's employees,
contractors, volunteers or invitees (collectively with the City, the "City Users") to use all
or such portion of the parking spaces located in the Parking Lot specified on Exhibit B
under the terms of this Memorandum of Agreement as provided in Exhibit A to this
Agreement ("Usage Period"). Y.O.U. reserves the right to modify the Usage Period and
will provide written notice in a reasonable time period to the City for times in which the
parking spaces are not available for usage. These periods include, but are not limited
to, summer and fall staff trainings, the dates of which will be provided to the City in
advance.
Eight (8) spaces (but not the aisles adjoining such spaces) in the area shown on Exhibit
B attached to this Memorandum of Agreement may be designated by the City for the
sole use by the City Users during the Usage Period ("City Reserved Spaces"). The City
shall have the right to identify the City Reserved spaces by installing appropriate
signage as "Reserved for Gibbs Morrison Center Users" or other similarly worded
signage.
Y.O.U. shall at all times be the sole owner of the Parking Lot and the City'shall have no
right or interest in the Parking Lot, except for the right to use the Parking Lot as
provided in this Memorandum of Agreement.
1. Other Uses of Parking Lot. In addition to the foregoing provisions of Section
I.B.1 above, the City acknowledges and understands that except for the right of the City
to the exclusive use of the City Reserved Spaces during the Reserved Spaces Usage
Period, the City's right to use the Parking Lot as provided herein is not exclusive and
that Y.O.U. reserves exclusive rights to all other spaces in the lot. Y.O.U. reserves the
right to permit the Parking Lot to be used by any party it so chooses.
2.Y.O.U. Not Responsible for Unauthorized Use of Parking Lot. The City
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acknowledges and agrees that Y.O.U. will not be responsible or liable to the City if any
non -City Users park in the Parking Lot during the dates and times set forth in Exhibit A
(or park in the City Reserved Spaces) regardless of whether such non -City Users are
associated with the City or are otherwise permitted or unauthorized, except that Y.O.U.
will make reasonable efforts to educate and advise its employees not to park in the City
Reserved Spaces during the Reserved Spaces Usage Period.
C. Compensation. As compensation for the use of the Parking Lot, the City agrees to
provide Y.O.U. with the following:
• Pour annual clean-ups to remove weeds and trim the plant material on the
perimeter of the parking lot.
• Snow removal services for the parking lot and surrounding sidewalk.
• Use the Gibbs Morrison Cultural Center three times per year during the Term of
this Memorandum of Agreement for Y.O.U. meetings or events, Y.O.U. and the
City will coordinate and schedule the dates in advance for the Y.O.U. utilization
of the Gibbs Morrison Cultural Center space.
D. General Maintenance of Parking Lot. Y.O.U. shall be responsible for the cost of
repair and/or replacement of any damage to the Parking Lot, unless such damage is
caused by the City or the City Users. The City shall not, however, be responsible for
ordinary wear and tear to the Parking Lot.
E. No Improvements. The City shall not modify, alter, place or make any permanent
fixtures or improvements upon the Parking Lot without Y.O.U: s prior written approval.
Y.O.U. acknowledges that the Parking Lot will comply with all City Code provisions and
the Illinois Accessibility Code.
If. Indemnification and Insurance Provisions:
A. Indemnification. The City and Y.O.U. each agree to mutually indemnify, defend, and
hold harmless the other Party and their respective board members, employees, and
agents from all claims, causes of action, damages, whether to person (including death)
or property, costs (including reasonable attorneys' fees), and losses (collectively
"Claims") to the extent the Claims arise out of the acts or omissions of the indemnifying
Party.
The City's indemnification obligations under this Memorandum of Agreement shall not in
any way be limited by the amount of insurance available to the City or lack of any
insurance coverage with respect thereto.
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The respective obligations of the City and Y.O.U. to indemnify, defend, and hold
harmless the other Party from Claims to the extent provided in this Section ILA shall
apply regardless of the joint and several nature of any liability either might have
pursuant to applicable law or any limitations on liability of either of them as an employer
pursuant to applicable law, including without limitation, the provisions of Section 2-1117
of the Code of Civil Procedure, 735 ILCS 5/2-1117, and except as stated elsewhere in
this Section 11, in the event there is a determination of joint or concurrent negligence on
the part of the City and Y.O.U., each shall bear that portion of the loss or damages
assessed on account of a Claim that its share of the joint or concurrent negligence
bears to the total negligence (including that of third parties) which caused the asserted
Claim.
B. No Waiver of Tort Immunity Defenses. Nothing contained in Section II.A of this
Agreement, or in any other provision of this Memorandum of Agreement, is intended to
constitute nor shall constitute a waiver of the defenses available to the City under the
Illinois Local Governmental and Governmental Employees Tort Immunity Act, with
respect to Claims by third parties against the City , but does not in any way affect the
City's obligation to indemnify Y.O.U. from any Claims by third parties under Section
II.A, including Claims by any City Users.
C. Evidence of Insurance Coverage.
1. City Insurance. The City represents and warrants to Y.O.U. that the City is
self -insured for property and casualty (i.e., liability) and workers' compensation
coverage up to $1.25 Million per occurrence and shall maintain such self-insurance
coverage amounts no greater than the foregoing without prior notice to Y.O.U. during
the duration of this Memorandum of Agreement. From time to time upon request from
Y.O.U., the City shall provide to Y.O.U. a certificate of insurance or other information
reasonably requested by Y.O.U. evidencing that the City is self -insured in the
aforementioned amount.
2. Y.O.U. Insurance. During the term of this Memorandum of Agreement,
Y.O.U., at its sole cost and expense, shall carry and maintain comprehensive general
liability insurance, with a minimum combined single limit of One Million ($1,000,000) per
occurrence with a general aggregate minimum limit of Two Million ($2,000,000.00). In
addition, the Y.O.U. shall keep and maintain Workers' Compensation Insurance
providing limits and coverages not less than those required by statute in Illinois. Y.O.U.
shall provide the City with certificates of insurance evidencing the existence of the
coverage described above, including form and deductibles, during the duration of this
Memorandum of Agreement.
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D. Stated Insurance Coverage Limits Not the Extent of Liability. The insurance
provided for by City in Section II.C.1 shall be primary and not excess as respects any
Claims for which Y.O.U. is indemnified by the City. If the City from time to time carries
insurance coverage of any one or more of the types required under Section II.C.1 with
limits higher than what is required in Section II.C.1, the full amount of such insurance
coverage shall be available to respond to a covered Claim and the coverage afforded to
Y.O.U. shall not in any way be limited by the minimum insurance coverage limits
specified in Section II.C.1 and shall be deemed increased to the amounts actually
carried by the City.
E. Obligations Survive. The respective obligations of Y.O.U. and the City under this
Section 11 shall survive the expiration or earlier termination of this Memorandum of
Agreement.
111. Miscellaneous Provisions:
A. Partial Invalidity. If any term or provision of this Memorandum of Agreement or the
application thereof to any person or circumstance shall, to any extent, be invalid, illegal,
unenforceable or in conflict with any applicable federal, state or local law, regulation or
code, the remainder of this Memorandum of Agreement, or the application of such term
or provision to persons or circumstances other than those as to which it is held invalid,
illegal or unenforceable, shall not be affected thereby, but such remaining provisions
shall be interpreted, applied and enforced so as to achieve, as near as may be, the
purposes and intent of this Memorandum of Agreement to the greatest extent not
prohibited by law.
B. Authority. The City represents and warrants to Y.O.U. that the execution and
delivery of this Agreement has been duly authorized and executed as required under
applicable law and that the City has full power and authority to enter into this Agreement
and to perform the City's obligations under this Memorandum of Agreement pursuant to
the Illinois Municipal Code, 65 ILCS 5/1-1-1 et seq., including without limitation, Section
10-20 thereof. Y.O.U. represents and warrants to the City that the execution and
delivery of this Agreement has been duly authorized and executed and Y.O.U. has full
power and authority to execute and deliver this Memorandum of Agreement and to
perform Y.O.U.'s obligations under this Memorandum of Agreement.
C. Applicable Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Illinois.
D. No Assignment. The City may not assign any rights or duties under this
Memorandum of Agreement without the prior express written consent of Y.Q.U., which
may be withheld in Y.O.U.'s sole discretion.
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E. Term. This Memorandum of Agreement has an initial term of October 1, 2018 to
March 31, 2023. The City also has an option to renew for another five year period, upon
mutual agreement of both parties. In addition, either Party may terminate this Agreement
prior to the Expiration Date for any reason after providing not less than 90 days prior
written notice to the other Party of its intention to terminate the Memorandum of
Agreement and specifying the date on which it shall terminate. Upon the Expiration Date
or earlier termination of this Memorandum of Agreement, the City shall remove all
signage installed by the City and repair any damage to the Parking Lot caused by such
removal.
F. Notices. All notices required or permitted by this Memorandum Agreement must be
in writing and delivered personally or sent by certified mail; return receipt requested to
the respective Party's mailing address.
If to Y.O.U: Youth & Opportunity United, Inc.
1911 Church St.
Evanston, IL 60201
Attn: Marguerite Blinn DiNovi,
CEO
If to the City : City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Attn: Wally Bobkiewicz,
City Manager
With a copy to: City of Evanston
2100 Ridge Avenue
Evanston, IL 60201
Attn: Michelle L Masoncup,
Corporation Counsel
G. Effective Date. This Memorandum of Agreement shall be deemed dated and
become effective on the date the last of the Parties signs as set forth below the
signature of their duly authorized representatives ("Effective Date").
H. Counterparts. This Memorandum of Agreement may be executed simultaneously in
two or more counterparts each of which shall be deemed an original, but all of which
shall constitute one and the same Memorandum of Agreement. Y.O.U. and the City
agree that the delivery of an executed copy of this Memorandum of Agreement by email
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shall be legal and binding and shall have the same full force and effect as if an original
executed copy of this Agreement had been delivered.
I. Captions. Paragraph and section headings used in this Memorandum of Agreement
are for convenience of reference only and shall not affect the construction of any
provision of this Memorandum of Agreement.
J. Plurals; Genders. Whenever used in this Memorandum of Agreement, the singular
number shall include the plural, the plural shall include the singular, and the use of any
gender shall be applicable to all genders. IN WITNESS WHEREOF, the undersigned
Parties have caused this Memorandum of Agreement to be executed by their duly
designated officials or officers, intending It to be effective as of the Effective Date.
City of Evanston
By:
Wally Bobkiewicz, City Manager
Dated:
Youth & Opportunity United, Inc.
By: Marguel' to b'Gr m'DilVovi
Marguerite Blinn DiNovl, CEO
Dated: October 5, 2018
1.1
EXHIBIT A
Dates and Times of City Parking Lot Use
Beginning on October 1, 2018 and until the Expiration Date or earlier termination of the
Agreement:
Eight (8) City Reserved Spaces at all times during the year and at any time of
day, except (i) during the "Teacher Institute Days" when the School District shall
have the exclusive use of the entire Parking Lot between the hours of 8:00 a.m.
and 5:00 p.m. (typically in the months of October and February during the school
year), and (ii) during the hours of 8:00 a.m. and 5:00 p.m. during those days
when the School District hosts the Boys' and Girls' Illinois Highs School
Association State swim meet competitions (typically in even years and on Fridays
and Saturdays), Y.O.U. shall provide notice to the City of the schedule in which
the Reserved Spaces are not available within a reasonable time period.
it being understood and agreed by the City that in both of the instances described in
clauses (i) and (ii), the School District shall have the sole right to use the City Reserved
Spaces.
City of Evanston Reserved SpacesAh
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