HomeMy WebLinkAboutContract -ETHS Hockey, Robert Crown 9.1.25-7.31.28
MEMORANDUM
To: Luke Stowe, City Manager
From: Matt Poole, Deputy Director, Parks and Recreation
CC: Audrey Thompson, Director of Parks and Recreation
Subject: Robert Crown Use agreements
Date: Monday, January 12, 2026
Recommended Action:
Staff recommends the City Manager sign the Robert Crown use agreements with Mammoth
Hockey Club and ETHS Hockey
Summary:
City staff reached an agreement with both Mammoth Hockey Club and ETHS Hockey. This
agreement replaces the original use agreement with Evanston Youth Hockey. During the
previous agreement Evanston Youth Hockey restricted becoming Mammoth Hockey Club and
ETHS Hockey separated from that organization. This will be a three-year agreement that
defines the rate these organizations pay for Robert Crown Ice rentals, how they request the
use of that space and the partnership between Mammoth Hockey Club and the City of
Evanston to facilitate a house youth hockey program.
Both of these agreements have been reviewed and approved by the Legal Department and
have been signed by the two organizations.
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ROBERT CROWN CENTER USE AGREEMENT
City of Evanston
This Use Agreement (the “Agreement”) is made this 2 5 day of August , 2025 by and
among EVANSTON HIGH SCHOOL HOCKEY, a not-for-profit corporation, (hereinafter
referred to as “User”), and the CITY OF EVANSTON, an Illinois home rule municipal
corporation, with offices at 909 Davis Street, Evanston, Illinois 60201 (hereinafter referred to as
“the City”).
The User and the City agree as follows:
1. Purpose. The City agrees to enter into a facilities use agreement for the Robert Crown
Community Center with User to use the ice rinks, locker rooms and storage space. This
Agreement is not a lease agreement; User does not have exclusive control of the Center
or a portion thereof. User is permitted to use the facility according to specified time
periods each day during the Term defined below and restricted to the agreed upon
schedule with the City.
2. Term:
a. The Term of the Agreement shall be for a period of thirty five (35) months (“Term”).
The commencement date is September 1, 2025 and the termination is July 31, 2028.
b. Option to extend the Agreement: The Term cannot be automatically renewed. If the
Parties seek to negotiate an extension of the Agreement, the Parties will meet and
confer to negotiate an extension which must be approved by both parties in writing.
3. Fees:
a. Use Fees. User agrees that it will be assessed hourly rates to utilize the ice rinks at the
facility. User will be charged an ice rental rate of $360.00, beginning April 1, 2026
per hour with a maximum increase of 4%, effective September 1 of each year. The
user will not be charged for ice resurfaces. The ice rental rate of $348 per hour will be
charged September 1, 2025 for seven (7) months, through March 31, 2026.
b. Payment of Fees. The Parks, Recreation and Community Services Department
(“Department”) will invoice User monthly for its usage of the Center. Payments
shall be made payable to the City of Evanston and mailed to: Robert Crown
Community Center, 1801 Main Street, Evanston, Illinois 60202. Please note on
the check that it is payment for Robert Crown Center Facility use.
4. Facilities Covered:
a. Outdoor Facilities
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The term “Outdoor Active Use Areas” will be used for purposes of this Agreement to
mean the turf fields, baseball fields, and tennis courts. User will not have any exclusive
use provided for the Outdoor Active Use Areas. User may request use as any other user
and payable at rates established by the Department.
b. Indoor Facilities
The term “Indoor Active Use Areas” will be used for purposes of this Agreement to mean
the ice rinks and locker rooms. The Parties shall have the right to add or exclude Indoor
Active Use Areas during the term of this Agreement, provided that any such change shall
be in writing and approved by both the Parties.
5. Indoor Active Use Area Guidelines: The City hereby grants permission to User to use the
Indoor Active Use Areas as set forth below for the sole purpose of providing its team
members practice and contest space to compete.
a. Use Schedule. Throughout the duration of this Agreement, the User shall be
allocated a minimum of 15 hours per week of designated ice rink access for each
Fall/Winter season (commencing the third Saturday in August and concluding the
third Saturday in March), a minimum of 1 hour per week for each Spring season
(commencing the third Monday in March and concluding the final Friday in May),
and a minimum of 4 hours per week for each Summer season (commencing the first
Monday of June and concluding the second Thursday in August). This allocation of
ice rink access shall be provided on an annual basis during specific times, as detailed
in a schedule to be furnished to the User by August 1st of each contractual year. The
2025-2026 date schedule is appended hereto as Exhibit “A.” The User retains the
prerogative to acquire supplementary hours should additional ice time become
accessible. A yearly list of Blackout (unavailable) dates will be provided to User by
August 1 of each year.
b. User cancellation. Should the User opt to cancel any segment of the designated ice
rink access hours within the term of this agreement, a 30-day advance notice to the
facility is mandatory. Non-compliance with this notice requirement will lead to the
imposition of the per-hour charge for the unutilized designated ice rink access.
c. Locker facilities. User will be permitted to utilize the locker room during the Use
Schedule time. User understands that the locker room will be utilized by other patrons
of the facility as well.
d. Storage. Storage space will be made available to User.
e. Office Space. Designated office space will be made available to User.
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f. The User acknowledges and agrees that throughout the Term, the Indoor Active Use
Area, when not scheduled for use by the User, shall be utilized by other City patrons
and users not affiliated with the User. The User shall conduct its activities in a manner
that does not interfere with or impede the use of the Indoor Active Use Areas by other
users. The User may rent Indoor Active Use Areas at 50% of the applicable
"Resident" rate and will follow the standard rental reservation request process to
request Indoor Active Use Areas.
g. Supervision. User is responsible for providing personnel necessary for the direction
and supervision of activities in Indoor Active Use Areas. User shall enforce all City
rules, regulations, and policies provided by the City while supervising the Indoor
Active Use Areas. User is responsible for notifying the City within 24 hours in the
event that an Active Use Area suffers damage during User’s scheduled time.
6. Compliance with Law. All use of the Center shall be in accordance with state and local
law. In the case of a conflict between the terms of this Agreement and the requirements of
state law, the state law shall govern. Any actions taken by User that are required by state
law, but are inconsistent with the terms of this Agreement shall not be construed to be a
breach or default of this Agreement.
7. Obligations of City
a. Access and Security
The City shall provide the personnel necessary to open and close the Indoor Active Use
Areas during the hours of the Center. The hours of operation are 6:00 a.m. to 10:00pm at
the time of signing this Agreement, these hours are subject to change, with no
amendment to the Agreement necessary.
b. Inspection and Notification
City personnel shall inspect the Indoor and Outdoor Active Use Areas to ensure these
sites are returned in the condition they were received.
c. Custodial
The City shall make its trash receptacles available during the Center hours of operation.
User will encourage users to dispose of trash in the trash receptacles. User will ensure
that its users leave the Indoor Active Use Areas and locker rooms with the equipment
stowed away.
8. Maintenance. The City shall perform normal maintenance of Outdoor and Indoor Active
Use Areas and the equipment contained therein to basic level of service subject to normal
wear and tear. The City shall notify User of any known change in condition of the Active
Use Areas. The City will maintain and repair equipment and fixtures contained in the
Outdoor and Indoor Active Use Areas.
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9. Restitution and Repair
a. If equipment, fixtures, or property of the City is damaged by User, except for repairs
which are due to ordinary wear and tear and mutually agreed by the Parties, User is
responsible for the cost of replacement or repair. The City agrees to make such repairs
or replacement, depending on the extent of the damage, within the estimated and/or
fixed costs agreed upon.
b. Disagreements. User shall retain the right to disagree with any and all items of
damage to buildings, facilities, property, or equipment as identified by the City,
provided this disagreement is made within five (5) business days after a first
notification.
i The City shall notify User of any disagreements in writing by email to User’s
designated employee. User shall clearly identify the reasons for refusing
responsibility for the damages. Failure to make the disagreement within the
prescribed time period shall be considered as an acceptance of responsibility by
User.
ii After proper notification, representatives from the Parties, or other designated
representatives of the City and User, shall make an on-site investigation and
attempt a settlement of the disagreement.
iii In the event an agreement cannot be reached, the matter shall be referred to the
City Manager and User’s President or their designees, for resolution.
iv The City shall have the right to make immediate emergency repairs or
replacements of property without voiding the right to disagree.
11. Operational Costs
a. Documentation of Costs
The City and User shall maintain records of costs associated with the Agreement.
b. Payment of Overtime
Each party shall bear the cost of any overtime incurred by their employees in carrying out
this Agreement.
12. Damage or Destruction. If the Center is damaged or destroyed by fire or other casualty
(“Casualty”), City may, within one hundred eighty (180) days after such incident occurs
(subject to being able to obtain all necessary permits and approvals, including, without
limitation, permits and approvals required from any agency or body administering
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environmental laws, rules or regulations, and taking into account the time necessary to
effectuate a satisfactory settlement with any insurance company) repair such damage at
City’s expense and this Use Agreement shall not terminate. Notwithstanding any
provision contained herein to the contrary, either party will have the option and right to
terminate this Use Agreement if such an event occurs.
13. Liability and Indemnification. User hereby indemnifies and holds harmless the City, its
elected officials, employees and agents (collectively, the “City Parties” and individually,
a “City Party”) from, and if requested, shall defend them against all liabilities,
obligations, losses, damages, judgments, costs or expenses (including reasonable legal
fees and costs of investigation) (collectively “Losses”) as a result of or arising out of (a)
personal injury or property damage caused by any act or omission during User’s use of
the Center under this Agreement; or (b) any damage to any City property as a result of
access granted pursuant to this Agreement; provided, however, User shall not be
obligated to indemnify the City to the extent any Loss arises out of gross negligence or
willful misconduct of the City.
14. Insurance
a. User: User agrees to obtain at its own cost and expense a policy or policies of
commercial general liability insurance written by an insurance carrier rated at least
Class A or better in Best’s Key Rating Guide of Property-Casualty Insurance
Companies and licensed to do business in the State of Illinois which shall insure
against liability for injury to and/or death of and/or damage to personal property of
any person or persons, with policy limits of not less than $2,000,000.00 combined
single limit for injury to or death of any number of persons or for damage to property
of others not arising out of any one occurrence. Said policy or policies shall provide,
among other things, blanket contractual liability insurance. Tenant will provide at the
time of signing this Use Agreement a Certificate of Insurance naming the City of
Evanston, its elected officials, employees, and agents.
b. City: City is self-insured up to $1.25 Million and agrees to maintain an excess policy
or policies of commercial general liability insurance over the self-insured limit
written by an insurance carrier with a rating at least Class A or better in the Best’s
Key Rating Guide and licensed to do business in the state in which the Center is
located which shall insure against liability for injury to and/or death of and/or damage
to personal property of any person or persons, with policy limits of not less than
$2,000,000.00 combined single limit for injury to or death of any number of persons
or for damage to property of others not arising out of any one occurrence. The City
will issue a certificate of insurance at the time of execution of this agreement naming
User as an additional insured. City shall maintain casualty insurance covering the
entire Center and any alterations, improvements, additions or changes made by City
thereto in an amount not less than their full replacement cost from time to time during
the Term, providing protection against any peril included within the classification of
“all risks”.
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c. Waiver of Subrogation. Neither Party shall be liable to the other or to any insurance
company (by way of subrogation or otherwise) insuring the other party for any loss or
damage to any building, structure or other tangible property, or any resulting loss of
income for property or general liability losses, even though such loss or damage
might have been occasioned by the acts or omissions of such party, its agents,
contractors or employees. Notwithstanding anything to the contrary contained herein,
City and User hereby release and waive any and all rights of recovery, claim, action
or cause of action, against the other, or its respective directors, shareholders, officers,
agents, invitees and employees, for any loss or damage that may occur to the property
or the equipment, fixtures and improvements comprising any part of the Center, by
reason of fire, the elements, or any other cause which could be insured against under
the terms of an “all risk” fire insurance policy, in the state where the Center is located,
regardless of cause or origin, including negligence of the parties hereto, their agents,
officers, invitees and employees. Subject to the provisions of the Agreement, no
insurer of a party hereunder shall ever hold or be entitled to any claim, demand or
cause of action against either party by virtue of a claim of loss paid under any such
insurance policies, whether such insurer’s claim be in the nature of subrogation or
otherwise.
15. Entire Agreement. This Agreement contains the entire understanding of the parties with
respect to the subject matter of the Agreement and is subject to the laws of the State of
Illinois. This Agreement also supersedes all other agreements and understandings, both
oral and written, between the Parties relating to the subject matter of the Agreement. The
captions inserted in this Agreement are for convenience only and in no way define, limit,
or otherwise describe the scope or intent of this Agreement, or any provision hereof, or in
any way affect the interpretation of this Agreement.
16. Attorneys’ Fees. The Parties shall bear its own costs, charges, expenses and attorney’s
fees, and any other fees incurred in the event of a dispute between the Parties. If User is
providing indemnification, User will cover any attorneys’ fees and costs.
17. Amendment. By mutual consent of the City and User or the User’s legally or duly
appointed agent or attorney-in-fact, any provision of this Agreement may be amended,
modified, or deleted. Any such changes, deletions or additions shall be recorded in
written signed addenda, which shall form part of this Agreement. User may not assign or
transfer this Use Agreement or enter into a license agreement for any portion thereof
without the written consent of the City.
18. Third Parties. Nothing herein expressed or implied is intended or shall be construed to
give any person other than the parties hereto any rights or remedies under this
Agreement.
19. No Waiver. The failure of any party to insist upon strict performance of any of the terms,
covenants, or conditions hereof shall not be deemed a waiver of any rights or remedies
which that party may have hereunder, at law or in equity and shall not be deemed a
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waiver of any subsequent breach or default in any of such terms, covenants, or
conditions.
20. Governing Law. This Agreement will be governed by and construed in accordance with
the laws of the State of Illinois without regard to any conflict of laws rule or principle
that might refer the governance or construction of this Agreement to the laws of another
jurisdiction.
21. Freedom of Information Act. This Agreement and all related public records maintained
by, provided to or required to be provided to the City are subject to the Illinois Freedom
of Information Act notwithstanding any provision to the contrary that may be found in
this Agreement
22. Notices. Any notices required to be given hereunder, or which either party hereto may
desire to give to the other, shall be in writing. Such notice may be given by reputable
overnight delivery service (with proof of receipt available), personal delivery or mailing
the same by United States mail, registered or certified, return receipt requested, postage
prepaid, at the following addresses identified for Landlord and Tenant, or to such other
address as the respective parties may from time to time designate by notice given in the
manner provided in this Section.
If to the City: with a copy to:
City of Evanston City of Evanston
Attn: City Manager Attn: Corporation Counsel
909 Davis Street 909 Davis Street
Evanston, IL 60201 Evanston, IL 60201
If to User:
Evanston High School Hockey
Attn: Raj Ghate
23. Severability. Except as otherwise provided herein, the invalidity or unenforceability of
any particular provision, or part thereof, of this Agreement shall not affect the other
provisions, and this Agreement shall continue in all respects as if such invalid or
unenforceable provision had not been contained herein.
24. Savings Clause. If any provision of this Agreement, or the application of such provision,
shall be rendered or declared invalid by a court of competent jurisdiction, or by reason of
its requiring any steps, actions, or results, the remaining parts or portions of this
Agreement shall remain in full force and effect.
25. Counterparts. This Agreement may be executed in two or more counterparts, each of
which shall be deemed an original and all of which together shall constitute one and the
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same instrument. A facsimile copy of a signature shall be as binding as an original
signature.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day
and year first written above by their respective officers thereunto duly authorized.
EVANSTON HIGH SCHOOL HOCKEY CITY OF EVANSTON
A not-for-profit organization An Illinois home rule municipal corporation
By: By:
Its: President Its: City Manager
Print Name: Raj Ghate Print Name: Luke Stowe
Approved as to form:
Alexandra B. Ruggie
Corporation Counsel
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EXHIBIT A - Fall/Winter Rink 1
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EXHIBIT A - Fall/Winter Rink 2
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EXHIBIT A - Spring Rink 1
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EXHIBIT A - Spring Rink 2
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EXHIBIT A - Summer Rink 1
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Contract with ETHS Hockey, Robert Crown
Mammoth_and...26__1_.docx and 1 other
bda4d94538b3ed001f63df123ca138782e90df50
MM / DD / YYYY
Signed
01 / 14 / 2026
11:44:15 UTC-6
Sent for signature to Alexandra Ruggie
(aruggie@cityofevanston.org) and Luke Stowe
(lstowe@cityofevanston.org) from lthomas@cityofevanston.org
IP: 66.158.65.76
01 / 14 / 2026
16:41:42 UTC-6
Viewed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.149.35.58
01 / 14 / 2026
16:41:50 UTC-6
Signed by Alexandra Ruggie (aruggie@cityofevanston.org)
IP: 50.149.35.58
01 / 15 / 2026
10:10:01 UTC-6
Viewed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
01 / 15 / 2026
10:10:16 UTC-6
Signed by Luke Stowe (lstowe@cityofevanston.org)
IP: 50.171.242.186
The document has been completed.01 / 15 / 2026
10:10:16 UTC-6