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HomeMy WebLinkAbout113-R-22 Authorizing Canal Shores to Enter into an Agreement with Last Call Tavern Group LLC to Host a University of Ohio Alumni Tailgate on November 5, 202210/24/2022 113-R-22 A RESOLUTION Authorizing Canal Shores to Enter into an Agreement with Last Call Tavern Group LLC to Host a University of Ohio Alumni Tailgate on November 5, 2022 WHEREAS, the City of Evanston currently leases property located along the North Shore Channel of the Chicago River (the “Premises”) from the Metropolitan Water Reclamation District of Greater Chicago (“MWRD”); and WHEREAS, the City subleases part of this land to Canal Shores; and WHEREAS, the City allows Northwestern University to utilize Canal Shores for fan parking and tailgating during the football season; and WHEREAS, Canal Shores must obtain written authorization for use as specified in paragraph 4 of the Sublease Agreement between the City of Evanston and Canal Shores as amended in 2004 and 2014; and WHEREAS, Canal Shores wishes to allow Last Call Tavern Group, LLC to host a University of Ohio Alumni Tailgate event during the November 5, 2022 Northwestern University versus University of Ohio football game at Canal Shores on hole #3 at the corner of Girard and Central Street and is requesting written authorization from the City; and WHEREAS, the event is set to occur three (3) hours prior to the start of the football game and shall end one (1) hour after the conclusion of the football game; and ~1~ Page 1 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 113-R-22 ~2~ WHEREAS, the City Council has determined that the best interest of the City would be served by allowing the tailgate event, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council hereby adopts the foregoing recitals as its findings, as if set forth fully herein. SECTION 2: This Resolution gives written permission to Canal Shores to enter into an agreement with Last Call Tavern, LLC. SECTION 3: This Resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2022 Approved as to form: _______________________________ Nicholas E. Cummings, Corporation Counsel Page 2 of 8 October 24 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 GOLF COURSE PREMISES RENTAL AGREEMENT 1. PARTIES. This agreement (“Agreement”) is entered into by and between The Evanston Wilmette Golf Course Association d/b/a Canal Shores (“Canal Shores”), an Illinois not-for-profit corporation, and Last Call Tavern Group, LLC, 2350 W Cullom Ave, Chicago, IL (“Renter”) (Canal Shores and Renter hereinafter collectively referred to as “Parties”). 2. DATE & TIME. Canal Shores shall rent to Renter the premises, as defined below, on SATURDAY, NOVEMBER 5, 2022 (“Event Date”), from 6am until the Renter has cleaned-up the Premises immediately after the Event on the Event Date (“Rental Period”). 3. PREMISES. Renter shall have use of the Canal Shores property area that is checked below, located generally at 1030 Central Street, Evanston, Illinois 60201 (“Premises”), during the Rental Period for the limited purposes set forth in section 4 below. ☐ Golf course holes Nos. ______ through _____ ☐ Clubhouse ☐ Golf carts – number of: __________________ ☐ Clubhouse patio ☐ Parking area adjacent to Clubhouse ☐ South lawn area adjacent to Clubhouse Patio ☑ Starter House area at 3rd tee ☐ Snack Shack at 9th`tee ☐ Utility vehicle – number of: ______________ ☐ Other: ___________________________ Renter shall have ☑ exclusive ☐ non-exclusive use of the Premises. 4. EVENT. Renter shall use the Premises solely for the following limited purpose (“Event”): ☑ Private Party related to the Football Game (as defined below) The Event is intended for Ohio State University alumni and their family and friends on the occasion of the Northwestern-Ohio State football games scheduled on the Date (referred to herein as “Football Game”). The start of the Football Games (“Kick-Off”) is currently tbd. The Parties agree that the Event may not commence before 3 hours prior to the Kick-Off) and must be completed within 1 hour after the Football Game ends. For purposes of this paragraph, the Event is deemed to “commence” when paying Event attendees enter the Premises. Renter’s staff and personnel will obviously be allowed to enter the Premises prior to the Event, as well as the day before, in order to set-up and prepare for the Event. For purposes of this paragraph, the completion of the Event will be deemed to occur when the Renter stops serving beverages and food to the attendees. Page 3 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 The Parties have agreed to limit the number of attendees at the Event to 2,500. 5. RENT AND PAYMENT. As consideration for the use of the Premises as described above, Renter shall pay Canal Shores a total sum of $ 8,000.00 (the “Rent”) in the event that Renter has 1,500 or more people attend the Event. Renter shall pay 50% of the Rent ($4,000) on or before Saturday October 29, 2022, and 50% of the Rent ($4,000) on or before Saturday November 12, 2022 (one week after the Event Date). If less than 1,500 people attend the Event, Renter shall pay Canal Shores a total sum of $7,000, with 50% of the Rent due to Canal Shores on or before October 29, 2022 and 50% due on or before November 12, 2022. Payment must be made by check or credit card. Checks shall be made payable to “The Evanston Wilmette Golf Course Association” and delivered to the attention of the Canal Shores person identified in section 34 below. 6. ADDITIONAL RESPONSIBILITIES. For the items below that are checked, the Party with the checked box next to its name shall be responsible for the described tasks/arrangements and the costs related thereto: Catering ☑ Renter ☐ Canal Shores Tents (Sizes _________________) ☑ Renter ☐ Canal Shores Tables, chairs and equipment: ☑ Renter ☐ Canal Shores Portable restroom facilities ☑ Renter ☐ Canal Shores Permits and licenses (Evanston) ☑ Renter ☐ Canal Shores Beverage service ☑ Renter ☐ Canal Shores Signage for the Activity ☑ Renter ☐ Canal Shores Temporary Electrical Service ☑ Renter ☑ Canal Shores Trash Containers and Pick-up ☑ Renter ☑ Canal Shores Other: Lighting ☑ Renter ☐ Canal Shores Other: ☐ Renter ☐ Canal Shores Other: __________________ ☐ Renter ☐ Canal Shores City of Evanston permits and authorizations. Renter is responsible for securing all local permits and approvals. Canal Shore agrees to support Renter in this endeavor. Renter shall deliver copies of all its City of Evanston permits and authorizations for this Event to Canal Shores on or before October 8, 2022. Renter recognizes that as the named applicant on all permit applications and as the entity organizing and supervising the Event, it alone will be responsible for any fines or penalties levied by the City of Evanston for violations of its permits, ordinances or similar municipal rules as they relate to the Event. *** The Parties recognize and acknowledge that this Event will be heavily scrutinized by the City of Evanston and by neighbors of the golf course who have concerns about safety and other nuisances. The Parties therefore agree to the following protocol for handling complaints and concerns: No later than when the Rental Period commences, the Parties each agree to designate their own onsite coordinator to handle any complaints that are lodged and related to the Event (“Complaint Coordinator”). Each Complaint Coordinator agrees to handle the complaint – no matter how unreasonable – in a polite, courteous and respectful manner. He or she shall first listen and record the Page 4 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 appropriate information from the complainant (name and contact information of the complainant, time of complaint, description of the complaint) and enter it into a short log (“Complaint Log”). The Complaint Coordinator must be familiar with the rules and parameters set by the City of Evanston as described in the various permits, including but not limited to, the Special Events Permit, Loudspeaker Permit and the Liquor License. The Complaint Coordinator must then attempt to resolve the complaint on his or her own. If the Canal Shores Complaint Coordinator receives the complaint, then he shall contact and confer with the Renter’s Complaint Coordinator to resolve the complaint. If Renter’s Complaint Coordinator receives the complaint and is in any way uncertain about the propriety of the complaint (in light of the City rules and parameters) or how to resolve the complaint, then he or she must immediately contact the Canal Shores Complaint Coordinator and the two of them shall endeavor to jointly resolve the matter. If, at that point, a resolution still cannot be found, then these Complaint Coordinator shall escalate the matter by contacting a Canal Shores board member to be designated on the Date. In some cases involving safety concerns and when time is of the essence (unruly guests endangering other guests, persons or things blocking exits, etc.), such an escalation procedure will obviously not be required. Common sense should prevail in these situations. Each Complaint Log, with the information described above, should also include a small description of the outcome of, or action taken on, the complaint. Renter’s Complaint Coordinator must furnish Canal Shoes with his or her Complaint Log at the latest within 48 hours after the Date. It is highly important for Canal Shores to collect this information for its ongoing community and city relations efforts. The Renter agrees to have an adequate number of qualified security staff members on the Premises during the Event. 7. RESTROOM FACILITIES. If Renter is responsible for supply and managing the portable restroom facilities for the Event and has agreed to position 30 portable restroom facilities along the periphery of the Premises, subject to the advice and consent of Canal Shores. Renter must remove said portable restroom facilities within 2 days after the end of each Football Game. 8. SIGNAGE. If Renter is responsible for signage for the Event, then it must obtain prior approval from Canal Shores for the type and location of signage. Canal Shores shall not unreasonably withhold said approval. 9. FENCING, LIGHTING AND GOLF COURSE PROTECTION With the advice and consent of Canal Shores, Renter shall erect suitable fencing along the periphery of the Premises being used for the Event. Given the time of day on the Date during which the Football Game is being played and the Event is taking place (tbd, but potentially late afternoon/evening), the last few hours of the Rental Period (Event and cleanup) will likely be after nightfall. Renter therefore agrees to provide, at its expense, suitable lighting for the Event. All lighting will be positioned so as not to unreasonably disrupt residents (including, but not limited to, those residing on Girard Avenue adjacent the 3 rd hole of the golf course), and will be turned off within 3 hours following the game, and must be removed within 24 hours after the Football Game Renter has the right to use the third hole tee box during the two Event Dates. No vehicles, however, are allowed to be driven on the tee box at any time. Page 5 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 10. PARKING AND BUS DROP-OFF Renter has indicated that it will be bussing a large number of attendees to the Event. Renter shall ensure that the attendee drop-off and pickup is done in a manner that complies with local traffic rules and any game-day needs expressed by local officials and does not impose any unreasonable risk or hazard to any persons. 11. NOISE AND CROWD CONTROL Renter has agreed to position any loudspeakers used on the Premises in a manner that minimizes the level of noise to which neighbors could be exposed. Renter agrees to comply with the provisions in the City of Evanston Loudspeaker Permit and any Noise Ordinance. If any noise complaints are lodged, the Parties agree to handle the matter in the manner described above under section 6 above. Renter is also solely responsible for managing the congestion in and around the entrance and exit area to the Premises during the Rental Period on the Date. This Agreement will become null and void if Renter fails to secure the necessary City of Evanston Loudspeaker Permit. 12. STAFFING AND CLEAN-UP. Unless otherwise set forth herein, Renter shall be responsible for providing and paying for staffing for the Event. Renter shall provide appropriate staffing in terms of the number of people and the expertise needed for the Event. Appropriate staffing includes, but is not limited to, personnel required for deliveries, set-up activities, registration, take-down activities, and clean-up of the Premises, which includes the disposal of all garbage in the garbage containers that Canal Shores designates. Canal Shores shall provide an appropriate number of garbage containers for the Event and will arrange and pay for the emptying of the designated garbage containers. Renter shall restore the Premises area used for the Event to the condition it had been in at the commencement of the Rental Period, normal wear and tear excepted. 13. INSURANCE. At least five (5) days prior to the Event, Renter shall provide a certificate of insurance showing Renter’s liability insurance with a coverage amount appropriate for the Event and a document showing Canal Shores as an additional insured for the Event. Canal Shores reserves the right to require documents acceptable to Canal Shores. 14. DAMAGE TO PREMISES. Renter will be responsible for all costs for materials and labor to repair any damage to any area of the Golf Course, where such damage is the result of the Event and is greater than would occur from normal wear and tear associated with tailgating. Canal Shores will provide the materials and labor for any repairs and invoice the Renter for the expense, which must be paid within 30 days of the invoice date. If there is extensive damage, then the Association and the Renter will confer and agree upon reasonable actions to remedy the situation. “Damage” shall be reasonably agreed upon by both parties. 15. LATE FEES. If Renter fails to make any payment due under this Agreement in the time specified herein, Canal Shores shall be entitled to charge 10% simple annual interest on past due amounts. 16. PERMISSION TO USE IMAGES. On behalf of Renter’s employees, agents, members and guests, Renter consents to Canal Shore’s use of images, photographs, and visual representations of the Event for promotional purposes. 17. REMOVAL OF PERSONS OR PROPERTY. Canal Shores shall have the right to remove any person or property from the Premises that Canal Shores decides, in its sole discretion, poses an unreasonable risk Page 6 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 of harm to persons or property. This specifically includes, but is not limited to, any person engaging in inappropriate behavior. Before Canal Shores removes any person or property, it will discuss the removal with Renter. 18. INDEMNIFICATION. Renter shall indemnify, defend or hold harmless Canal Shores and its directors, officers, employees and agents from and against any claims, liabilities, damages, and other expenses (including, but not limited to, reasonable attorneys’ fees) asserted against or incurred by Canal Shores in connection with an act or any omission by Renter or any of its employees, agents, members or guests. 19. LOST OR DAMAGED PROPERTY. Canal Shores shall not be responsible for any lost or damaged property belonging to Renter or any of its employees, agents, members, guests or attendees. 20. CHOICE OF LAW AND FORUM. This Agreement shall be governed by Illinois law without regard to the Illinois rules on conflict of laws. Exclusive jurisdiction and venue for any lawsuit filed regarding the rights and duties under this Agreement shall lie with a federal or state court located in Cook County, Illinois. 21. ENTIRE AGREEMENT. This Agreement represents the complete express of agreement between the Parties with respect to the subject matter hereof and supersedes any and all previous oral and written agreements of any kind between them. 22. INTERPRETATION. The normal rule of construction that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. 23. ATTORNEY’S FEES. If either party employs any attorneys to enforce or interpret any rights relating to this Agreement, and is the prevailing party in any suit or proceeding regarding those rights, then that party shall be entitled to recover reasonable attorneys’ fees and costs from Renter. 24. AGENCY. Nothing in this Agreement makes Renter the agent of Canal Shores for any purpose. 25. AMENDMENT. This Agreement shall not be modified, except by a document signed by all Parties. 26. SURVIVAL. Sections 5 (Payment), 15 (Late Fees), 16 (Permission to Use Images), 18 (Indemnification), 19 (Lost or Damaged Property) and 23 (Attorney’s Fees) shall survive any termination or expiration of this Agreement. 28. SEVERABILITY. If any provision or term of this Agreement is held to be illegal, invalid, or unenforceable, such provision or term shall be fully severable, and this Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised part of this Agreement;\, and the remaining provisions of this Agreement shall remain in full force and effect. 29. FORCE MAJEURE. Canal Shores shall be excused from liability for failure to perform under this Agreement when such failure is due to an act of God, fire, war, the public enemy, strikes, interruption of transportation, embargoes, act of civil or military authority, or other like causes beyond the control of Canal Shores. 30. ASSIGNMENT. Renter cannot assign this Agreement without the prior, written consent of Canal Shores. 31. AUTHORITY. The signatories hereto represent that they are fully authorized and empowered to enter into this Agreement as indicated by affixing their respective signature below. Page 7 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69 32. HEADINGS. The headings used herein are for convenience purposes only and shall not be used in the construction or interpretation of this Agreement. 33. COUNTERPARTS. This Agreement may be executed by facsimile or PDF-format documents, and in multiple counterparts, each of which when so executed shall constitute a single original Agreement. 34. NOTICES. Notices to Canal Shores under this Agreement shall be delivered to the attention of the following person either at the following address: Joshua Aldort, Secretary, Canal Shores 1030 Central Street. Evanston, Il 60201 or via the following email address: jaldort1@yahoo.com Notices to Renter shall be delivered to the attention of the following person either at the following address: Alex Zupancic, Event Coordinator Last Call Tavern Group, LLC, 2350 W Cullom Ave, Chicago, IL or via the following email address: alex@lastcalltaverngroup.com 35. EFFECTIVE DATE. This Agreement shall be effective on the date Renter provides to Canal Shores a copy of this Agreement signed by Renter. IN WITNESS WHEREOF, the Parties have executed this Agreement on the respective dates indicated below. RENTER CANAL SHORES Signed:______________________________ _ Signed: By: ________________________________ By: ____________________________ Name Printed Name Printed Its: ________________________________ Its: _____________________ Title Title Date: ______________________, 201__ Date: ______________________ Month, Day, Year Month, Day, Year   Page 8 of 8 Doc ID: 25fa3c62255ab0bcb749f9b4fbea57e76816bd69