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HomeMy WebLinkAboutResolution 89-R-25 Approval of a Lease Agreement with Sauna Club (1)89-R-25 A RESOLUTION Authorizing the City Manager to Enter into a Lease Agreement with the Sauna Club located at the Dempster Street Beach Parking Lot WHEREAS, the City of Evanston owns property commonly known as the Dempster Street Beach Office Parking Lot (the “Premises”); and WHEREAS, the Premises has parking spaces available for use; and WHEREAS, the Sauna Club seeks to lease a 10’ wide by 20’ long area to park a mobile sauna from November 1, 2025 to May 15, 2026; 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 after its passage and approval in the manner provided by law. 1 of 11 10/13/2025 89-R-25 Attest: ______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2025 ______________________________ Daniel Biss, Mayor Approved as to form: ______________________________ Alexandra Ruggie, Corporation Counsel 2 of 11 October 13 89-R-25 Exhibit A Lease Agreement 3 of 11 PARKING LOT USE AGREEMENT The following Agreement is between Sauna Club Sauna Club the City of Evanston, an Illinois municipal corporation City ). Sauna Club and the City are Parties Party The Parties agree as follows: - - 4 of 11 II.Indemnification and Insurance Provisions: A. Indemnification. The City and Sauna Club each agree to mutually indemnify,other boardtheir respectiveandPartytheharmlessholdanddefend, members, employees, and agents from all claims, causes of action, damages, whether to person (including death) or property, costs (including reasonable Claims 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 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 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 ($2,000,000.00). In addition, the Sauna Club 5 of 11 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.1 shall be primary and not excess as respects any Claims for which the Sauna Club is 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.1 with limits higher than what is required in Section II.C.1, the full amount of such insurance coverage shall be available to respond to a covered Claim and the coverage afforded to the Sauna Club shall not in any way be limited by the minimum insurance coverage limits specified in Section II.C.1 and shall be deemed increased to the amounts actually carried by the City. Obligations Survive.E. 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: B. Applicable Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois. 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 an approved alternative for achieving a rapid cooldown. 6 of 11 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 November 1, 2025 to May 15, 2026. 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 If to the Sauna Club: Ryan Cohler 1629 Florence Evanston, Illinois 60202 If to the City : City of Evanston 909 Davis Street Evanston, IL 60201 Attn: Luke Stowe, City Manager With a copy to:City of Evanston 909 Davis Street Evanston, IL 60201 Attn: Alexandra Ruggie, Corporation Counsel 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. The Sauna Club 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. 7 of 11 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)] 8 of 11 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:_______________________________ The Sauna Club By: _______________________________ Ryan Cohler Dated:_____________________________ 9 of 11 EXHIBIT A The Sauna Club Parking Lot Use 1. Location: 1251 Lake Shore Blvd. Dempster St. Beach Office Parking Lot Driveway (north, along snow fencing) 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: Operating hours: Wednesday - Friday 6am-3pm / Saturday & Sunday 9am-3pm 4. Patron Parking Location: 1 Accessible Parking Spot at Dempster Beach Office All other patrons will park on the street (Lake Shore Blvd or Dempster St.) No parking in the Dempster/Greenwood permitted gravel lots Patrons utilizing metered parking spaces along the Lake Shore Blvd are liable for paying the parking fees. No parking in staff or City fleet parking areas 5. To ensure emergency vehicles can access and turn around in the driveway. To maintain a safe distance between the sauna and the building. To keep the lakefront path unobstructed and clear for access to Dempster St. Beach. The parking lot surface in the proposed location is level and typically free of sand buildup due to erosion (blowing sand) The area is currently an approved parking zone for vehicles, as designated by the parking division. A-1 10 of 11 EXHIBIT B Map and Photos of Proposed Location B-1 11 of 11