HomeMy WebLinkAboutRESOLUTIONS-2013-018-R-13f
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3/22/2013
18-R-13
A RESOLUTION
Authorizing the City Manager to Execute a Bike Corral Parking
Agreement with Evanston Athletic Club
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The City Manager is hereby authorized and directed to
sign, and the City Clerk hereby authorized and directed to attest, on behalf of the City,
the Bike Corral Parking Agreement (the "Agreement') set forth in Exhibit 1, by and
between the City of Evanston and Evanston Athletic Club ("EAC"), providing for the
installation of a bike corral in two (2) City metered parking spaces.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions or terms of the Agreement with EAC as may be
determined to be in the best interest of the City.
SECTION 3: This resolution, 18-R-13, shall be in full force and effect from
and after the date of its passage and approval in the manner provided by law.
Eli a eth B. Tisdahl, Mayor
Attest:
Ro ey Greene, pity Clerk
Adopted: 4 i 1 4P , 2013
18-R-13
EXHIBIT 1 •
Bike Corral Parking Agreement
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• BIKE CORRAL PARKING AGREEMENT
This Bike Corral Parking Agreement (the "Agreement"), dated this day of
, 2013, is entered by and between the City of Evanston ("City"), an Illinois
municipal corporation and Evanston Athletic Club ("Club"), an Illinois corporation. The
City and the Club shall be referred to collectively as the "Parties", upon the following
terms and conditions:
1. Bike Corral Area. Subject to the terms and conditions of this Agreement,
the City shall construct a bike corral (the "Bike Corral") within two (2) parking stalls
within the City's right-of-way on Benson Avenue and adjacent to the Club's business at
1723 Benson Avenue, Evanston, IL 60201 (the "Bike Corral Area"). The Bike Corral
Area is depicted on the site plan attached as Exhibit A.
2. Use. Customers, employees, and agents of Club are permitted to use the
Bike Corral Area for temporary storage of bicycles, however said usage is not -exclusive
and all members of the public are permitted to use the Bike Corral Area for the same Use.
All applicable restrictions within the City of Evanston Code and Illinois Vehicle Code are
in full force and effect with respect to the bicyclists use.
3. Term.
A. Initial Term. This Agreement shall commence on the Effective Date and
shall remain in full force and effect for a period of five (5) years therefrom ("Initial
• Term").
B. Renewal Term. At the conclusion of the Initial Term, this Agreement shall
automatically renew for one additional five (5) year term (the "Renewal Term"), unless
either party gives written notice to the other party at least three hundred sixty-five (365)
days prior to the end of the Initial Term. If the Licensee ceases to operate an
establishment, this Agreement, at City's election shall terminate immediately.
C. The Bike Corral will be installed in the Bike Corral Area for an eight (8)
month period from April to November during each year during the Initial Term and
Renewal Term. The City will remove the Bike Corral during the remaining four months,
December — March, and parking for the two parking spaces will be restored.
4. Pavment. The City will be paying for cost of installation of the Bike
Corral and all other associated costs with the use of the Bike Corral Area.
5. Maintenance. The City, at its sole cost and expense, shall perform all
routine maintenance and repairs to the Bike Corral Area for the Term of the Agreement.
6. Notices. All notices herein required shall be in writing and shall be served
on the parties, either personally or mailed by certified or registered mail, return receipt
requested, or by expedited messenger, and all such notices shall be deemed received on
• receipt or, if delivery is refused, upon the date of attempted delivery addressed as
follows:
If to City: City of Evanston
Parking Services
2100 Ridge Avenue
Evanston, Illinois 60201
Attn: Rickey Voss
With a copy to: City of Evanston
Law Department
2100 Ridge Avenue
Evanston, Illinois 60201
If to Club: Evanston Athletic Club
1723 Benson Avenue
Evanston, Illinois 60201
Attn: Manager
Either party may, by written notice to the other party, change its notice address set forth
above. Facsimile transmission is not an authorized means of notice under this
Agreement.
7. Miscellaneous.
A. Headings. The headings of paragraphs herein are for convenience
only and shall not be deemed to be relevant in resolving any question of interpretation or
construction of any provision of this Agreement.
B. Severability. If any provision of this Agreement shall be
determined by a court of competent jurisdiction to be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, and each provision shall be
valid and enforceable to the fullest extent permitted by law.
C. Modification. This Agreement shall not be modified in any way
except by a writing executed by both Parties. The parties agree that if there exists a latent
or patent ambiguity in this Agreement, such ambiguity shall not be construed against
either party regardless of which party has drafted the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of
the day and year first written above by their respective officers thereunto duly authorized.
Evanston Athletic Club, an Illinois
Corporation
Name: Heidi S. Chalam
Title: Director of Business Operations
City of Evanston, an Illinois home
rule municipal corporation
Name: Wally Bobkiewicz
Title: City Manager
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EXHIBIT A
Site Plan
EXIBIT A
PIN 0 11.18-126-004-0000
EVANSTON ATHLETIC CLUB
1723 BENSON AVENUE
EVANSTON IL 60201 ®-Q
BIKE CORRAL LOCATION
1pp
SECOND BAPTIST
CHURCH
/ EVANSTON ATHLETIC CLUB 91717
BENSON AVENUE
BENS723
ON VENUE
'BIKE CORRAL' DISABLED PARKING SPACE
BENSON AVENUE