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HomeMy WebLinkAboutRESOLUTIONS-1991-060-R-91• 60-R-91 A RESOLUTION Recognizing an Agreement between District 65 and the City of Evanston For Use of Facilities WHEREAS, it is to the mutual benefit of the citizens of Evanston that the City of Evanston and.Evanston/Skokie Community School District 65 share buildings and facilities; and WHEREAS, the Recreation Department provides programs and services to the Citizens of Evanston which help create a higher quality of life; and WHEREAS, School District 65 has accommodated the Recreation Department by providing buildings and facilities when • such use did not conflict with educational programs; and WHEREAS, it is to the mutual benefit of both the City and School District to have a formal Agreement describing the philosophy and operating policy for such a cooperative arrangement; and WHEREAS, an Agreement has been prepared in order to achieve the above mutual goals; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager of the City of Evanston is hereby authorized and directed to enter into an Agreement with Evanston/Skokie Community School District 65 to share buildings and facilities. This agreement 0 shall be in substantial conformity to the Agreement attached hereto and incorporated herein as Exhibit A. SECTION 2: This Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Mayor ATTES i y Clerk p� Adopted:�7 0 , • FC013I 0 2 Exhibit A — • Agreement This Agreement dated this day of , 1991 by and between Community Consolidated School District No. 65, Cook County, Illinois (hereinafter the "District"), and the City of Evanston, Illinois (hereinafter the "City") (and hereinafter sometimes referred to collectively as the "Parties"), provide as follows: WHEREAS, the District and the City are "units of local government" as defined under Article VII, Section 10, of the Constitution of Illinois of 1970 and are "public agencies" under Paragraph 2 of the Intergovernmental Cooperation Act, Ill.Rev.Stat., Ch. 127, §§741 et sea.; and WHEREAS, the City has requested that the District afford the City's Recreation Department access to the District's school • facilities and playgrounds to aid the City in its effort to conduct a recreational program and activities; and WHEREAS, the District has indicated its willingness to grant the City limited access to certain of its school facilities and playgrounds to operate such recreational programs and activities when they are not otherwise needed for educational programs; and WHEREAS, the City and the District have determined that this intergovernmental agreement (hereinafter the "Agreement") will aid their governmental objectives and is for their mutual benefit and the benefit of the citizens of Evanston. NOW, THEREFORE, IT IS AGREED as follows: 1. The Program. The District shall provide the City and its Recreation Department exclusive use of certain of its school • facilities and playgrounds, or portions thereof (hereinafter the 1°Premises"), which are described and identified in the attached Exhibit A, at mutually agreeable times for purposes of operating recreational programs for the benefit of the City's residents and other authorized individuals (hereinafter the "Programs"). 2. Loss of Use for Causes Bevond Control. The City and the District shall not be responsible for the obligations undertaken hereunder where it becomes impossible or impractical to maintain and operate the Premises due to any cause beyond their control, including, but not limited to, acts of God or public enemies, acts or restrictions of the government, civil disturbances, fires, floods, strikes, lock -outs and shut -downs. 3. Indemnification. The City shall defend and hold harmless the District, its Board of Education, officers, employees, agents, successors and assigns, from and against any and all bodily or personal -injuries, deaths, losses,' suits, costs, attorney's fees, claims, damages, expenses, judgments, liabilities, or liens, arising directly or indirectly during the term of this Agreement from the City's conduct or management of its Programs or from anything whatsoever done in or about the Premises by the City, its officers, employees, agents and invitees, unless the above mentioned injuries or losses result from the negligence of the District. The City shall defend and hold harmless the District, its Board of Education, officers, employees, agents, successors, and assigns, from any liability under the (a) Illinois Structural Work Act, (b) Illinois Workers' Compensation Act, or (c) Illinois Occupational Diseases Act, arising directly or indirectly during the term of this Agreement, from the City's conduct or management 0 - 2 - • of its Programs or from anything whatsoever done in or about the Premises, by the City, its officers, employees and agents. The City shall defend and hold harmless the District, its Board of Education, officers, employees, agents, successors, assigns and invitees from any and all damage or destruction of property of any person or persons, in any way arising or resulting directly or indirectly from any use, occupancy, or other condition of the Premises, unless such damage or destruction results from the negligence of the District. 4. Regulation for the Use of School, Facilities. All Programs and related activities must be prearranged and approved by the District, allowing a week to ten (10) days for the paperwork to be completed. The District reserves the right to cancel any approved Programs and related activities in case of unanticipated . program conflicts. Participants in any City Program or activity will not be admitted to the Premises until a City employee is present to supervise. Additionally, all participants must vacate the Premises before the last City employee may leave. The City will be responsible for any damage to equipment and property in, on or about the Premises arising directly from its Programs and related activities and use of the Premises. Decorations and other special equipment may be brought and used on the Premises only with the prior approval of the particular school principal. Unless specifically stated, District equipment will not be used by the City. However, with prior approval the City may be permitted to use certain District equipment on the Premises. Any • damage to said equipment will be repaired or replaced at the City's sole expense and the City, notwithstanding any other provision of this Agreement to the contrary, shall be solely responsible for any personal injury, death or damage to property which may result from its use of such equipment. 5. Pavments. The District will charge the City fees associated with the use of the Premises according to the Schedule of Fees attached hereto as Exhibit B. The rates will be reviewed on an annual basis with at least sixty (60) days notice as to any type of change in fee. However, the requirement that such notice must be given shall not restrict the District, in its sole discretion, from establishing any and all related user fees. 6. School/Park Liaisons. Within 30 days after the execution of this"Agreement, the City's Recreation Department Superintendent.. • and the District's Superintendent each shall designate a School/Park Liaison. The School/Park Liaisons shall promptly resolve any and all disputes arising from this Agreement. However, if the School/Park Liaisons are unable to reach a resolution within ten (10) days, the matter in dispute shall be submitted in writing to the District's Superintendent and the City's Recreation Department Superintendent for resolution. 7. Relationship of the Parties. Nothing in this Agreement shall be deemed to create any joint venture or partnership between the City and the District. Neither the City nor the District shall have the power to bind or obligate the other except as to the extent expressly set forth in this Agreement. 0 - 4 - • 8. No Third Partv Beneficiaries. This Agreement is for the sole and exclusive benefit of the Parties hereto and their respective successors and permitted assigns and no third party is intended to or shall have any rights hereunder. 9. Assignment. No part of this Agreement may be assigned by either of the Parties hereto without prior written consent of the other party. 10. Riaht to Amend. In the event that either the City or the District desires to modify or amend this Agreement, written notice thereof shall be given to the other Party at least twenty (20) days prior to the consideration of said modification or amendment. If said modification or amendment is thereafter mutually agreed upon, this Agreement will be so amended. All modifications and/or amendments shall be in writing and signed by the appropriate officer of each is Party, as authorized by resolution. The Parties shall meet annually during the term of this Agreement to consider proposed amendments to this Agreement. 11. Condition of Premises. At termination of each usage of the Premises, the City shall return the Premises to the same condition as it was at the commencement of such use. 12. Further Actions. The City and the District agree to do, execute, acknowledge and deliver all agreements and other documents and to take all actions necessary or desirable to comply with the provisions of this Agreement and the intent hereof. 13. Authority. The individual officers of the City and the District who have executed this Agreement represent and warrant that they have full power and lawful authority to execute this 40 - 5 - • Agreement and perform and fulfill the obligations and responsibilities contemplated hereunder on behalf of and in the name of their respective governing boards. 14. Paraaranh Headinas. The paragraph headings appearing in this Agreement have been inserted for the purpose of convenience and ready reference. They do not purport to and shall not be deemed to define, limit or extend the scope or intent of the paragraph to which they pertain. 15. Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall, for all purposes, constitute a duplicate original. 16. Governing Law. This Agreement and the interpretation thereof shall be governed by the laws of the State of Illinois. 17. Notices. Any and all notices required to be.sent • pursuant to the terms of this Agreement shall be personally delivered or sent via certified mail addressed as follows: If to the City: City of Evanston Recreation Department 2100 Ridge Avenue Evanston, Illinois 60201 If to the District: Board of Education Community Consolidated School District No. 65 1314 Ridge Avenue Evanston, Illinois 60201 18. Duration of Agreement. The initial term of this Agreement shall commence on the date hereof and end June 30, 1992. Thereafter, this Agreement shall be deemed automatically renewed for successive one-year periods unless either party shall advise the other in writing at least sixty (60) days prior to the annual • - 6 - • renewal date its intention to terminate this Agreement. Notwithstanding any provision herein to the contrary, this Agreement may also be terminated by the mutual consent of the Parties or by either Party independently, for any reasonable cause, upon thirty (30) 1 days prior written notice to the other. _ IN WITNESS WHEREOF, the District and the City have caused this Agreement to be executed this day of 1991. CITY OF EVANSTON By: City Manager ATTEST: City Clerk COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 65, COOK COUNTY, ILLINOIS By: President, Board of Education ATTEST: Secretary, Board of Education 0 - 7 - •r.. i "An CYuts Middle School 1400 Oakton Street Evanston, M 60202, including all adjoining outdoor ,-,. ccLLion field areas. Dawes Elm mitary School 440 Dodge Avenue Evanston, M 60202, including all adjoining outdoor playground and field areas. Dewey Elemerttazy School 1551 Wesley Avenue Evanston, M 60201, including all adjoining outdoor playground and field areas. Foster Field located North of Foster, East of Dewey, and bounded by Dewey, Sinoson, Foster and Ashland, in Evanston, M Haven Middle School 2417 Prairie Avenue Evanston, M 60201 including all adjoining outdoor recreation field areas. Kingsley Elementazy School 2300 CYeenbay Road Evanston M 60201, including all adjoining outdoor playground and field areas. Lincoln PI— ontazy School 910 Forest Avenue Evanston M 60202, including all adjoining outdoor playground and field areas. I.in,oPI -. a=y School 2600 Colfax Street Evanston, M 60201,ng r including all adjoining outdoor playground and field areas. Martin Luther 424 Lake Street • Evanston, M60201, King, including all adjoining r playground 2 la ygrouind and field areas. Nichols Middle School 800 Greenleaf Street Evanston, M 60202, including all adjoining outdoor recreation field areas. Oakton Elementary School 436 Ridge Avenue Evanston, M 60202, including all adjoining outdoor playground and field areas. O rington Element,...., School 2636 Orringtcn Avenue Evanston, M 60201, including all adjoining outdoor playground and field areas. WaLker El : , , m •. �y+=-1t School 3601 Church Street Skokie M 60203, including all adjoining outdoor playground and field areas. Washington School 914 Ashland Avenue Evanston, M 60202, including all adjoining outdoor playground and field areas. Millard E-1 School 2700 Hurd Avenue Evanston, M 60201, including all adjoining outdoor playgrauid and field areas. 0 A&AliM.I,ti.W 1I� JM A'Aaaa6JL6 Facility Rental on School Days through 9:00 PM Playground and Field Use Facility Rental on Holidays, Saturdays and Sundays Facility Rental on School Days after 9:00 PM 1 w MF- $40/hour or any fraction thereof. $40/hour or any fraction thereof.