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HomeMy WebLinkAbout41-R-25_Authorizing_the_City_Manager_to_Enter_into_a_Lease_Agreement_with_(1)_signed41-R-25 A RESOLUTION Authorizing the City Manager to Enter into a Lease Agreement with the Sauna Club located at the Church Street Boat Launch Area WHEREAS, the City of Evanston owns property commonly known as the Church Street Boat Launch (the “Premises”); and WHEREAS, the Premises has space available for use; and WHEREAS, the Sauna Club seeks to lease a 10’ wide by 20’ long area to park a mobile sauna from May 15, 2025 to October 31 31, 2025; and WHEREAS, the City Council has determined that it is in the best interest of the City to lease space to the Sauna Club. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: 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 of Evanston, a lease with the Sauna Club. The lease shall be in substantial conformity with the lease marked as Exhibit A attached hereto and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 4: This Resolution shall be in full force and effect from and Page 1 of 18 41-R-25 Page 2 of 18 after its passage and approval in the manner provided by law. ______________________________ Daniel Biss, Mayor Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: April 28, 2025 Approved as to form: ______________________________ Alexandra Ruggie, Corporation Counsel 41-R-25 Page 3 of 18 Exhibit A Lease Agreement CHURCH STREET BOAT LAUNCH USE AGREEMENT The following Agreement is between Sauna Club (the “Sauna Club”) and the City of Evanston, an Illinois municipal corporation (the “City”). The Sauna Club and the City are sometimes herein referred to collectively as the “Parties” or individually as a “Party.” The Parties agree as follows: I.Use of Boat Launch Area: A.Description of Boat Launch Area. The City is the owner of the Church Street Boat Launch (“Boat Launch”) located at the Church Street Beach located at 1647 Sheridan Road. Evanston, Illinois. The Sauna Club seeks to use a small portion of the Boat Launch to park a portable Sauna. B. Use of Boat Launch. The City agrees to allow the Sauna Club and its employees, customers and invitees (collectively with the Sauna Club, the “Sauna Club Users”) to use all or such portion of the Boat Launch area specified on Exhibit A commencing and ending on the dates and during the times provided in Exhibit A to this Agreement (“Usage Period”) until the expiration of this Agreement specified in Paragraph III.E below (“Expiration Date”). Up to a maximum of 10’W x 20’L shown on Exhibit B attached to this Agreement may be designated by the City for the sole use by the Sauna Users until the Expiration Date (“Sauna Club Reserved Space”) but only during the Usage Period specified on Exhibit A for such Sauna Club Reserved Space (“Reserved Space Usage Period”). The Sauna Club is permitted to have the trailer parked overnight at the Boat Launch area. The Sauna Club agrees to relocate the sauna within 24 hours if the City declares a Snow Emergency for the City. The Sauna club agrees that any chairs or outdoor furniture it uses shall be placed on the sand/grass near the Sauna and not in the driveway. The Sauna Club additionally agrees not to obstruct or place chairs on the driveway, sidewalks or lakefront paths. C.The City Not Responsible for Unauthorized Use of Church Street Boat Launch Area. The Sauna Club acknowledges and agrees that the City will not be responsible or liable to the Sauna Club if any non-Sauna Club Users park in the Boat Launch area during the dates and times set forth in Exhibit A (or park in the Sauna Club Reserved Spaces) regardless of whether such non-Sauna Club Users are associated with the City or are otherwise permitted or unauthorized, except that the City will make reasonable efforts to educate and advise its employees not to park in the Sauna Club Reserved Space during the Reserved Space Usage Period. D.Compensation. As compensation for the use of the Boat Launch area, the Sauna Club agrees to pay the City seven hundred and fifty dollars ($750.00) per month due on the 1st of each month. In lieu of a summer rent increase, The Sauna Club will advertise and promote the Arrington Lagoon Cafe on their social media pages and Page 4 of 18 website. Rent is planned to be increased for the Fall Dempster location. E.Maintenance of Boat Launch Area. The Sauna Club shall be not responsible for the cost of repair and/or replacement of any damage to the Boat Launch Area, unless such damage is caused by the Sauna Club or Sauna Club Users. The Sauna Club shall not, however, be responsible for ordinary wear and tear to the Boat Launch Area. The Sauna Club is responsible for any garbage or recycling from the Sauna Club or its Users and shall ensure that the site is maintained in a cleanly manner. The Sauna Club shall be solely responsible for all trash removal from the site each day and will keep the site area utilized by the equipment and adjacent area free of trash and litter. F.No Improvements. The Sauna Club shall not modify, alter, place or make any permanent fixtures or improvements upon the Boat Launch area. II.Indemnification and Insurance Provisions: A.Indemnification. The City and the Sauna Club 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 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. The respective obligations of the City and the Sauna Club to indemnify, defend, and hold harmless the other Party from Claims to the extent provided in this Section II.A 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 II, in the event there is a determination of joint or concurrent negligence on the part of the City and the Sauna Club, 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 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 the Sauna Club from any Claims by third parties under Section II.A, including Claims by any Sauna Club Users. C.Evidence of Insurance Coverage. During the term of this Agreement, the Sauna Club, 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 Page 5 of 18 Page 6 of 18 ($2,000,000.00). In addition, the Sauna Club shall keep and maintain Workers’ Compensation Insurance providing limits and coverages not less than those required by statute in Illinois. The Sauna Club 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 Agreement. D.Stated Insurance Coverage Limits Not the Extent of Liability. The insurance provided for by City in Section II.C. shall be primary and not excess as respects any Claims for which the Sauna Club 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. with limits higher than what is required in Section II.C., the full amount of such insurance coverage shall be available to respond to a covered Claim and the coverage afforded to YOU shall not in any way be limited by the minimum insurance coverage limits specified in Section II.C. and shall be deemed increased to the amounts actually carried by the City. E.Obligations Survive. The respective obligations of the Sauna Club and the City under this Section II shall survive the expiration or earlier termination of this Agreement. III.Miscellaneous Provisions: A.Partial Invalidity. If any term or provision of this 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 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 Agreement to the greatest extent not prohibited by law. B.Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. C.No Assignment. The City may not assign any rights or duties under this Agreement without the prior express written consent of YOU, which may be withheld in YOU’s sole discretion. D. Swimming Prohibited. The City of Evanston prohibits swimming in Lake Michigan when lifeguards are not on duty. Accordingly, the Sauna Club agrees not to advertise, encourage, endorse, or permit its patrons to swim in Lake Michigan under any circumstances. The Sauna Club further acknowledges its responsibility to ensure that patrons do not enter the water. Failure to comply with this provision may result in the termination of the contract. Cold water/ ice buckets are approved alternatives for achieving a rapid cooldown. E.Alcohol Prohibited without a Permit. The sale and consumption of alcohol is prohibited without a permit. F.Signs. Permanent signs are prohibited on any City-owned property. A- frame signs may be utilized but must be removed at the end of each day. G.Term; Termination. This Agreement shall be in effect from May 15, 2025 to October 31, 2025. In addition, either Party may terminate this Agreement prior to the Expiration Date for any reason after providing not less than 30 days prior written notice to the other Party of its intention to terminate the Agreement and specifying the date on which it shall terminate. H.Notices. All notices required or permitted by this Agreement must be in writing and delivered personally or sent by certified mail, return receipt requested to the respective Party’s mailing address set forth below: If to Sauna Club:Ryan Cohler 1629 Florence Evanston, IL 60202 If to the City : City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: Luke Stowe, City Manager With a copy to: City of Evanston 2100 Ridge Avenue Evanston, IL 60201 Attn: Alexandra Ruggie, Corporation Counsel I.Effective Date. This 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”). J.Counterparts. This 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 Agreement. YOU and the City agree that the delivery of an executed copy of this Agreement by email 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. K.Captions. Paragraph and section headings used in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. Page 7 of 18 Page 8 of 18 L.Plurals; Genders. Whenever used in this 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. [Signatures on Next Page(s)] Page 9 of 18 IN WITNESS WHEREOF, the undersigned Parties have caused this 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: ________________________________ Luke Stowe, City Manager Dated:_______________________________ Sauna Club By: _______________________________ Ryan Cohler Dated:_____________________________ Page 10 of 18 EXHIBIT A The Sauna Club Church Street Boat Launch Use 1.Location: ○1647 Sheridan Road ○Church St. Boat Launch, south of the turnaround. 2.Specifications: ○Size: 10'W x 20'L (including the trailer tongue) ○A professionally built, self-contained, and transportable sauna unit that complies with local safety and health regulations. ○The unit will include built-in heating systems, temperature control, and proper ventilation to ensure user safety. ○The sauna will be positioned within the designated park space, oriented east-west and perpendicular to Lake Michigan. This placement will help maintain a lower profile from Sheridan Road ○Can be moved upon request 3.Operating Hours: ○Operating hours: Wednesday - Sunday 6am-11am / Wednesdays only 4pm to 8pm ○No operations on Monday and Tuesday 4.Patron Parking Location: ○Patrons will park on Sheridan Road ○No parking in the permitted lot. 5.Sauna Accessibility: ○Sauna must be placed less than 50 feet from the driveway to ensure that access mats can be placed down, if needed. ○The Sauna Club website must include accommodation info (contact information of the City’s ADA Coordinator) in their advertising of the service and agree to working with Lauren Ruiz, Inclusion and Accessibility Division Manager/ADA Coordinator. ○If an individual with a disability registers and requests accommodations, Sauna will need to coordinate with the City to ensure reasonable accommodations are provided. These may include the Sauna Club purchasing a small ramp for accessibility, permitting a companion to join at no cost, and/or providing assistance from an Inclusion Assistant during the program. Page 11 of 18 EXHIBIT B Map and Photos of Proposed Location Proposal for Portable Sauna in the Church St. Boat Launch area Date: 4/3/2025 Prepared by: Ryan Cohler Overview of What is being proposed: Off-street semi-permanent location for our weekly sauna sessions that will allow expansion of days and hours of availability for the community. Details of the Portable Sauna Setup 1.Location: ○1647 Sheridan Road ○Church St. Boat Launch, south of the turnaround. 2.Specifications: ○Size: 10'W x 20'L (including the trailer tongue) ○A professionally built, self-contained, and transportable sauna unit that complies with local safety and health regulations. ○The unit will include built-in heating systems, temperature control, and proper ventilation to ensure user safety. ○Can be moved upon request 3.Operating Hours: ○Proposed operating hours: i.Wednesday through Sunday 6 a.m. to 11 a.m. ii.Wednesdays only 4 p.m. to 8 p.m. iii.No operations on Monday and Tuesday ○Dates: May 15, 2025 through October 31, 2025 ○Sauna will remain onsite, overnight 4.Management & Booking: ○Sauna use will be managed through a reservation system to prevent overcrowding and ensure a pleasant experience. ○Cleaning and maintenance schedules will be set to meet hygiene standards. ○Staff member on-site during operation hours. ○Nine person maximum capacity 5.Patron Parking Location: ○Patrons will park on the street (Sheridan Road) ○No parking in the permitted lot Page 12 of 18 6.Accessibility ○Sauna must be placed less than 50 feet from the driveway to ensure that access mats can be placed down, if needed. ○The Sauna Club website must include accommodation info (contact information of the City’s ADA Coordinator) in their advertising of the service and agree to working with Lauren Ruiz, Inclusion and Accessibility Division Manager/ADA Coordinator. ○If an individual with a disability registers and requests accommodations, Sauna will need to coordinate with the City to ensure reasonable accommodations are provided. These may include the Sauna Club purchasing a small ramp for accessibility, permitting a companion to join at no cost, and/or providing assistance from an Inclusion Assistant during the program. Monthly Rent ●$750 ○Due on 1st of each month Arrington Lagoon Cafe Advertisement ●In lieu of a summer rent increase, The Sauna Club will advertise and promote the Arrington Lagoon Cafe on their social media pages and website. Rent is planned to be increased for the Fall Dempster location. Other Concerns and Considerations: ●Chairs will be provided for users to sit on sand/grass areas near the Suana. Not in the driveway. ●Cold water/ice buckets will be provided. Swimming is prohibited. ●The sauna will be positioned within the designated park space, oriented east-west and perpendicular to Lake Michigan. This placement will help maintain a lower profile from Sheridan Road.. Benefits to the Community: 1.Physical and mental health attributed to sauna use 2.Socialize with other community members Page 13 of 18 3.Fun & healthy activity for the whole family 4.Enjoyment of our lakefront in off-season months Language to add to contract: The City of Evanston prohibits swimming in Lake Michigan when lifeguards are not on duty. Accordingly, the Sauna Club agrees not to advertise, encourage, endorse, or permit its patrons to swim in Lake Michigan under any circumstances. The Sauna Club further acknowledges its responsibility to ensure that patrons do not enter the water. Failure to comply with this provision may result in the termination of the contract. Map and Photos of Proposed Location Red/Yellow Dot - Proposed Location Page 14 of 18 West View (Towards Sheridan Road) Page 15 of 18 South View (Toward Greenwood Beach) Page 16 of 18 North View (Looking at Boat Ramp) Photos of Sauna and Trailer Page 17 of 18 Page 18 of 18