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Home My WebLink AboutRESOLUTIONS-1991-033-R-914/3/91 33-R-91 A RESOLUTION Authorizing the City Manager to Enter into an Agreement for a $25,000 Subsidy for the Community Center Manager • of Senior Programs at the Levy Center WHEREAS, the Joseph and Sarah Levy Foundation . ("Foundation") has offered $25,000 per year for the purpose of subsidizing a full-time Community Center Manager for Senior Programs at the Levy Center; and WHEREAS, the Foundation wishes to offer this $25,000 subsidy yearly for ten years, or until the City occupies a new Levy Center, whichever occurs first; and WHEREAS, the City intends that the Levy Center will continue its current operation as both a Senior Citizens' Center and a Center for other recreational and community activities; and WHEREAS, negotiations between the City and the Levy • Foundation have resulted"in a proposed Agreement, attached as Exhibit A, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and, the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston, an Agreement by and between the City of Evanston and the Levy Foundation for a $25,000 per year subsidy for the position of Community Center Manager for senior programs at the Levy Center. SECTION 2: That this resolution shall be in full force and effect from and after the date 1 J3-R-91 • n �J of its passage and approval in the manner provided by law. Mayor ATTEST: lr City Clerk Adopted: , 1991 } ' L C EXHIBIT A • AGREEMENT This AGREEMENT entered into this day of , 1991, by and between the City of Evanston, a municipal corporation (the "City") and the Joseph and Sarah Levy Foundation (the "Foundation"). WITNESSETH WHEREAS, the Foundation has offered $25, 000 per year for the purpose of subsidizing a full-time Community Center Manager for the Senior Program (the "Senior Manager") at the Joseph and Sarah Levy Center (the "Center"); and WHEREAS, the Foundation wishes to offer this $25, 000 subsidy yearly for ten years, or until, the City occupies a new Center, whichever occurs first; and WHEREAS, the City intends that the Center will continue its current operations as both a Senior Citizens' Center and a center for other recreational and community activities; NOW, THEREFORE, it is agreed by and between the parties as follows: 1. The Foundation agrees to make an annual gift of $25,000 to subsidize the position of full-time Senior Manager at the Center. • 2. The foundation agrees that the $25, 000 subsidy will be given annually until the earlier to occur of: (a) March 1, 2000; (b) the Center vacates its existing facility at Church and Maple, Evanston, Illinois; (c) the full time Senior Manager's employment shall have terminated and no replacement shall have been hired within 180 days after the date of termination; or (d) either'party terminates this Agreement under paragraph 11 hereof. 3. The Foundation agrees that the annual gift of $25, 000 will be made no later than March 1st of each year, provided that the gift for fiscal year 1991-1992 will be made upon execution of this Agreement. 4. The parties agree that the full-time Senior Manager's sole duties shall be to serve as the chief supervisory person for the Senior Program at the Center. 5. The City agrees to operate the Center primarily as a Senior Citizens' Center, but the City may also use the Center for other recreational and community activities to secure maximum practicable benefits from the Center building, provided that senior citizens' programs or activities shall not suffer through conflict with other activities. The Center shall be available for use by Evanston student or adult groups for programs and events sponsored by School District 65, Evanston Township High School District 202, the Recreation Board, or other established community not -for -prof it organizations, including any private school in Evanston offering a program of elementary or secondary education. To the extent permitted by law, the Center shall not be used for any programs or events conducted for profit or by political or religious organizations or groups, provided however that • this exclusion shall not prevent the use of the Center by any parochial school in Evanston which is otherwise qualified under this paragraph. 6. It is the intention of the parties that the Center will be operated 52 weeks per year and will be used at a minimum on Mondays through Fridays, legal holidays excepted. Use on Saturdays and Sundays will be optional with the City, subject to paragraph 5 hereof. The City will use its best efforts to provide a full and diverse program of senior activities similar to those currently being provided. 7. The City shall use its best efforts to provide excellent programming and to stimulate attendance and participation in said programs. S. The City shall appoint an advisory committee to be known as the Joseph and Sarah Levy Center Senior Advisory Committee (the "Center Committee"). The Center Committee shall be composed of interested persons and shall advise and make recommendations to the City concerning the operation of the Center and the promotion of the Center's programs. The City shall give due consideration to the recommendations of the Center Committee. During their lifetimes, Joseph Levy, Jr., Carole Levy and Jean Levy London shall be appointed to the Center Committee. Upon the death, inability to act, or resignation of either of Joseph Levy, Jr. and Carole Levy, they shall be replaced, successively, by the first to accept an appointment to the Center Committee of, in the order designated: Jan Levy Tranen, Beth Levy Reiman and Nancy J. Levy ("Mr. Levy's daughters"). Upon the death, inability to act, or resignation of Jean Levy London, she • shall be replaced by the first to accept an appointment to the Center Committee of, in the order designated: Judy London Newton and Robert London ("Ms. London's children"). 9. This Agreement shall become effective upon execution. 10. The Parties agree that the Senior Manager at the Center will, as a City of Evanston employee, report to the Superintendent of Recreation or his designee. 11. In the event of a material breach of this Agreement, which breach the breaching party shall, not have cured within sixty (60) days after written notice thereof from the other party, the party not in breach may terminate this Agreement upon written notice. -2 -- 12. The City agrees to indemnify, defend, and save harmless the Foundation and also Joseph Levy, Jr. , Carole Levy and Jean Levy London, and their personal representatives, heirs, executors, administrators and successors, and Mr. Levy's daughters and Ms. London's children if they should elect to serve on the Center Committee, against and from any and all losses, costs, damages, or expenses of any kind or nature whatever (in this paragraph only, • collectively '"Levy") which may result from or grow out of any act or omission on the part of the Foundation or Levy in connection with the operation of the Center, including but not limited to any claim for damage to property or injury to or death of any person or persons, and all costs in connection with any such claim. 13. All notices to the Foundation shall be addressed to Joseph Levy, Jr., C/o Levy Venture Management, Inc., 7524 N. Wolcott, Chicago, IL 60626, or such other address as designated in writing. All notices to the City shall be addressed to city of Evanston, ATTN: City Manager, 2100 Ridge Avenue, Evanston, IL 60201, or such other address as designated in writing. IN WITNESS WHEREOF, the undersigned, by their appropriate representatives, have hereunto set their hands and corporate seals this day and year first above written. Attest: 0 City Clerk city of Evanston By City Manager Joseph and Sarah Levy Foundation By Ml= Joseph Levy, Jr. Jean Levy London