HomeMy WebLinkAboutPooch Park02/16/2005 09:50 8474488051 EVANSTON PARKS REC PAGE 02
INTERGOVERNMENTAL AGREEMENT
BETWEEN SKOKIE PARK DISTRICT
AND THE CITY OF EVANSTON
This Agreement is entered into by and between the SKOKIE PARK DISTRICT, a body
politic and corporate organized and operating under the laws of the State of Illinois ("Park
District') and the CITY OF EVANSTON, an Illinois municipal corporation ("City")
WHEREAS, the City is an Illinois municipal corporation organized and operating
pursuant to the laws of the state of Illinois; and
WHEREAS, the Park District is a body politic and corporate organized and operating
pursuant to the laws of Illinois; and
WHEREAS, units of local government may contract and associate among themselves
pursuant to Article VII, Section 10 of the Illinois Constitution, and the Intergovernmental
Cooperation Act, 5 ILCS 220/1 et seq.; and
WHEREAS, the Park District licenses a parcel of property from the Metropolitan Water
Reclamation District of Greater Chicago ("MWRDGC"), which property is more fully described
in Exhibit "A" attached hereto ("Project Premises"), and
WHEREAS, the terms of the license agreement between the Park District and the
MWRDGC permit the Park District to enter into this agreement; and
WHEREAS, the City and Park District are mutually desirous of enhancing the
aforementioned property for the use and benefit of its citizenry, to -wit the construction of
soccer fields and an area for the express purpose of exercising canines (collectively referred to
herein as the "Project"); and
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NOW, THEREFORE, IT IS AGREED as follows:
1. Term. The term of this Agreement shall be the same as the license agreement
between the Park District and the MWRDGC, dated April 21, 1994, and shall terminate only at
the time as such agreement terminates. If the term of said license agreement is extended by
the Park District and the MWRDGC, then the term of this intergovernmental Agreement shall
be automatically extended for a like term.
At the termination of this Agreement, the parties agree to be responsible for one-half of
the total costs incurred to return the property to its original condition or to make other
arrangements, which are mutually agreeable between the parties.
2. Use of Premises. Without the prior written permission of the Park District and
City, the Project Premises shall be used only for the purposes described in this
Agreement, namely as soccer fields and an enclosed canine exercise area, without the
prior written permission of the Park District and City.
3. Construction ! Development. The Park District and City shall divide equally all Project
architectural, engineering, design, and legal costs. The Project construction costs will be
borne equally by the Park District and the City. Grants recovered for the Project shall be
applied to construction costs prior to determining each party's equal share of construction
costs, which shall not exceed $250,000,00 each. The Park District and City must approve, in
writing, all drawings, plans, specifications, and construction contracts developed pursuant to
this Agreement prior to final approval of said documents. The Park District is responsible for
letting bids, signing contracts, and supervising the work. The Park District will invoice the City
at the conclusion of the Project.
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4. Responsibility of Parties/Athletic Fields. Upon completion of the Project the
parties shall be responsible for the following as it relates to the soccer fields:
a. The Park District will be responsible for maintaining the area, which
maintenance shall include lawn mowing, turf repair, landscaping, and
equipment. The costs for such maintenance will be equally borne by the parties.
The Park District will invoice the City on a monthly basis or as otherwise
deemed mutually acceptable by the parties. The costs will be calculated based
upon:
i. The man-hour cost to the Park District including prorated salary, benefits,
and insurance;
ii. The cost for use of equipment by the Park District prorated and based
upon calculating repair/replacement cost, maintenance cost, overhead,
and depreciation. The parties intend to use a list of "Contractors
Machinery Cost' regularly available in the industry.
iii. The direct cost of supplies, equipment, and repairs, and utilities (except
water).
b. The City will provide necessary and adequate water to irrigate the property
at the City's sole expense, and shall ensure that the fields are sufficiently
watered to provide continued turf growth. Repair costs related to the
maintenance of the property shall be equally divided between the Park District
and the City.
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c, Use of the soccer fields will be divided equally between the parties. A schedule
shall be developed which is mutually agreeable to both parties and shall be
maintained by the Skokie Park District,
5. Responsibility of Parties/Canine Walking Area. Upon completion of the Project, the
parties shall be responsible for the following as it relates to the canine walking area:
a. The parties intend the area to be licensed to a third party, not -for -profit entity
("entity"), which will be responsible for the maintenance and supervision of the
area. Upon execution of an agreement between the parties hereto and the
entity, which agreement shall include terms and conditions relating to
maintenance and operation, that agreement will be incorporated herein as an
addendum.
b. The third party, not -for -profit entity, will carry appropriate insurance, hold
harmless and indemnify the Skokie Park District and the City of Evanston.
C. Notwithstanding subparagraph (a) above, at the City's sole expense, the City
shall provide necessary and adequate water to irrigate the property and provide
continued turf growth, provide drinking water for both canine and humans, and
provide some water play facility for canines, if such water play facility for canines
is contained in the Project.
6. insurance,
a. The City agrees to maintain during the term of this Agreement, at its own
expense, any and all insurance coverages required by the MWRDGC. If
necessary, in addition thereto, the City agrees to maintain, during the term of
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this Agreement, at its own expense, Public Liability and Property Damage
Insurance on the Project Premises and any improvements thereon in an amount
equal to $3 million per person and $4 million per occurrence, and shall name the
Park District AS AN ADDITIONAL INSURED. Should the City so choose, it may
maintain such insurance protection through individual self-insurance or as a
member of an intergovernmental cooperative self-insurance pool. The City shall
indemnify, defend, and save the Park District harmless from and against any
and all claims, actions, damages, liability, and expenses, including attorneys'
fees, in connection with loss of life, personal injury and/or damaged property
arising from or out of any occurrence, in or upon the Project Premises, or the
occupancy or use by the City, of any part thereof, or arising from or out of the
City's failure to comply with any provision of this Agreement, or otherwise
occasioned wholly or in part by any action or omission of the City, its agents,
representatives, contractors, employees, invitees, or licensees, except for acts
or omissions solely committed by the Park District.
b. The Park District agrees to maintain during the term of this Agreement, if
necessary, in addition to any insurance requirements established by MWRDGC
in its Lease Agreement with the Park District, at its own expense, Public Liability
and Property Damage Insurance on the Project Premises and any
improvements thereon in an amount equal to $3 million per person and $4
million per occurrence, and shall name the City as an additional insured. Should
the Park District so choose, it may maintain such insurance protection through
individual self-insurance or as a member of an intergovernmental cooperative
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EVANSTON PARKS REC
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self-insurance pool. The Park District shall indemnify, defend, and save the City
harmless from and against any and all claims, actions, damages, liability, and
expenses, including attorneys' fees, in connection with loss of life, personal
injury and/or damaged property arising from or out of any occurrence, in or upon
the Project Premises, or the occupancy or use by the Park District, of any part
thereof, or arising from or out of the Park District's failure to comply with any
provision of this Agreement, or otherwise occasioned wholly or in part by any
action or omission of the Park District, its agents, representatives, contractors,
employees, invitees, or licensees, except for acts or omissions solely committed
by the City.
7. Modification. The Agreements, covenants, terms, and conditions herein contained
may be modified only through the written mutual consent of the parties hereto.
B. Applicable Laws. This Agreement shall be governed by the laws of the State of
Illinois. Venue shall be in Cook County.
9. Notices. All notices or other writings which either party hereto is required to
remit, or may wish to remit, in connection with this Agreement shall be in writing and shall be
delivered personally or sent by certified mail and deposited in the United States mail with
postage prepaid addressed as follows:
City Manager Executive Director
City of Evanston Skokie Park District
2100 Ridge Avenue 9300 Weber Park Place
Evanston, IL 60201-2796 Skokie, IL 60077-4200
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J 0 I I 8474488051 EVANSTONPARKS PAGE Ir
10. Metropolitan Water Reclamation District Agreement. This
Agreement is subject to the approval of the MWRDGC without whose approval this Agreement
cannot go into effect.
11, Entire Approval. This Agreement sets forth the entire agreement between
the parties.
12. Binding. The terms, covenants, and conditions hereof shall be binding upon and inure
to the successors in interest and assigns of the parties herein.
13. Assignment. This Agreement may not be assigned by either party to any other entity
without the express written approval of the other party.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals this day
and year.
CITY OF EVANSTON
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Mayor
Attest:
Clerks
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SKOKIE PARK DISTRICT
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President
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Attest
Secretary