HomeMy WebLinkAboutAgreement to Hold Farmer's Market on Lot 6 - Church Maple SubdivisionOPERATING AGREEMENT
THIS OPERATING AGREEMENT ("Agreement") made as of March 1, 2012, by and
between THE CITY OF EVANSTON, a municipal corporation (the "City") and
NORTHWESTERN UNIVERSITY, an. Illinois corporation (the "University").
RECITALS
A. The University owns certain real property known as "Lot 6" in the Church
Maple Resubdivision, recorded June 2, 1999 as Document No. 99528041 (the
"Property"). The Property was formerly referred to as "Parcel 7".
B. The City wishes to operate a Farmers' Market (the "Market") on the Property.
C. To permit the City to operate the Market, the City and the University wish to
enter into this Agreement for the purpose of setting forth the terms and conditions upon
which the City will operate the Market, as hereinafter provided.
NOW THEREFORE, in consideration of the mutual promises, undertakings,
covenants and agreements of the parties, and for other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed by and
between the parties as follows:
1. Term. The term of this Agreement ("Term') shall commence May 5, 2012 and
shall expire on November 3, 2012.
2. Oneration of Market. The City shall operate the Market on Saturdays only during
the Term, from the hours of 7:30 A.M. to 1:30 P.M. each Saturday.
3. University Emnlovee Parking. During the hours of operation of the Market, the
City shall provide parking in the Maple Avenue Self -Park garage for University
employees who work in the 1801 Maple building. Such parking shall be provided
free of charge.
4. Indemnification. The City agrees to indemnify and hold harmless the University
from the payment of any sum or sums of money, to any persons whomsoever on
account of all claims, actions or suits growing out of injuries to persons or
property arising out of the City's operation of the Market, except for injuries to
persons or property arising out of the willful misconduct of the University.
5. Successors and Assigns. The rights and obligations of the parties hereto shall
inure to the benefit of each of their successors and assigns; provided, however,
that the interest and rights of the City hereunder shall not be assignable at any
time.
6. No Real Estate Interest. This Agreement does not create an interest in real estate
and the City acknowledges that the City does not and shall not claim at any time
any interest of estate of any kind or extent whatsoever in the Property by virtue of
this Agreement or the City's operation of the Market pursuant hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement this
day and year first above written.
THE CITY OF EVANSTON,
Approved as to form' a municipal corporation
By: l/V
W. Grant Farrar Name�a Bobkiewicz
Corporation Counsel Title: City Manager
ADDRESS FOR NOTICE:
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60204-0832
Attention: City Manager
N%RT •STERNUN RSITY,an rporationBO e: Eugene S. Sunshine
: Senior Vice President for
Business and Finance
ADDRESS FOR NOTICE:
Northwestern University
633 Clark Street
Evanston, Illinois 60208
Attention: Senior Vice President for
Business and Finance
with a copy to:
Northwestern University
633 Clark Street
Evanston, Illinois 60208
Attention: General Counsel