HomeMy WebLinkAbout116-R-20 Authorizing the City Manager to Enter into Twelve Month Lease Agreements for Studio Spaces at the Noyes Cultural Arts Center11 /9/2020
116-R-20
A RESOLUTION
Authorizing the City Manager to Enter into Twelve Month Lease
Agreements for Studio Spaces at the Noyes Cultural Arts Center
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS:
SECTION 1: 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, twenty-two (22) renewals of studio leases by and between the City and
resident artists of the Noyes Cultural Arts Center. The list of the twenty-two (22)
tenants of the Noyes Cultural Arts Center and corresponding lease terms is attached
hereto and incorporated herein by reference as Exhibit A. The leases shall be in
substantial conformity with the leases marked as Exhibit B (Master Studio Lease)
attached hereto and incorporated herein by reference.
SECTION 2: 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 3: Resolution 116-R-20 shall be in full force and effect from
and after its passage and approval in the manner provided by law.
116-R-20
Attest:
C�
Devon Reid, City Clerk
Adopted: December 14
, 2020
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141-1ok �4y-UK-
Stephen H. Hagerty, Mayor
Approved as to form:
Kelley Gandurski, Corporation
Counsel
116-R-20
EXHIBIT A
TENANT LIST
Tenant
Leased
Monthly
Annual
Tenant
Minimum
Spaces
rate
Total Rent
Specific Use
Community
of Premises
Engagement
Amount
Actors
Great
$6,649.97
$79,799.64
circus
$11,969.94
Gymnasium
Hall,
offering
100,
performing
108, A
arts classes
(storage)
Art
222
$1,105.50
$13,266.00
visual arts
$1,989.90
Encounter
studio
providing
classes and
workshops
Barbara
B-10.A
$459.71
$5,516.52
sculpting
$827.48
Goldsmith
studio
Etc. Music
213
$1,184.43
$14,213.16
community
$2,131.97
music school
Fay Kaiser
218
$363.47
$4,361.64
Singer and
$654.24
voice lesson
studio
Meagan
211
$1,160.24
$13,922.88
Visual Arts
$2,088.43
Adams
Studio
Jennifer
217
$1,053.38
$12,640.56
oil paint
$1,896.08
Presant
studio
Laura and
B-6
$992.54
$11,910.48
visual
$1,786.57
Leslie
cloisonne
Hirshfield
enameling
studio
Maggie
221
$1,121.97
$13,463.64
textile and
$2019.54
Weiss
quilt making
studio
Zafar Malik
214
$363.18
$4,358.16
painting
$653.72
studio
Adriana
214
$320.38
$3,854.66
painting and
$576.68
Poterash
sculpting
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116-R-20
Mary Anne
B-10.B
$582.31
$6,987.72
metalsmith
$1,048.15
Brown
and jewelry
design studio
Naomi
224
$168.70
$2,024.40
painting
$303.66
Sondak
studio
Piven
110,
$5,025.23
$60,302.76
theatre
$9,045.41
Theatre
103,102
offering
Workshop
classes,
.workshops
and
performances
Sally
212
$373.98
$4,487.76
visual
$673.16
Piepmeier
arts/writing
studio
Sarah
215
$1,037.49
$12,449.88
drawing,
$1,867.48
Kaiser
painting,
printmaking
and teaching
studio
Bonny Katz
219
$355.57
$4,266.84
mosiac,
$640.02
painting and
sculpting
studio
Monica
216
$298.47
$3,581.64
painting
$537.24
Steinmetz
studio
Sageman
David Gista
110
$373.08
$4,476.96
Painting
$671.54
studio
Socorro
220
$318.03
$3,816.36 '',
Printmaker
$572.45
Mucino
James
B-2.A
$111.74
$1,340.88
visual arts
$201.13
Evansizer
studio
Eric
B-13
$1,075.01
$12,900.12
woodworking
$1,935.02
Beauchamp
Jane
109
$309.47
$3,713.64
Jewelry
$557.04
Rickard
studio
Rimma
B-11
$547.61
$6,571.32
Photography
$985.70
Mitchell
Tina Rhode
B-12
$361.87
$4,342.44
Photography
$651.36
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116-R-20
EXHIBIT B
MASTER STUDIO LEASE
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Exhibit B
January 1, 2021
FY 2019 FEE DESCRIPTION
H/l: & AIFi tIANULINIa
UNITS $93.73 Monthly fee for studios ranging between 1-500 sq. ft.
$125.66 Monthly fee for studios ranging over 500 and up to 1,000 sq. ft.
$156.56 Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft.
$186.43 Monthly fee for studios over 2,000 sq. ft.
KEYS $5.00 First two (2) keys to all Leased spaces with a Lessor installed lock included
NOYES GALLERIES $60.00 Hourly rate for residents, 60201 & 60202
$100.00 Hourly rate for non-residents
STAFF & UTILITY FEE $66.00 Additional Hourly rate for all users if Bldg. is occupied other than normal Bldg. hours.
STUDIO #106* $20.00 Tenant rate/hourly for activities relative to lease
$50.00 Evanston Resident Rates, 60201 & 60202
$60.00 Non -Resident Rates
SQUARE FOOT $12.76 Basement
RATE $16.88 1 st Floor
$15.00 2nd Floor
UUStHVI=U HULIUAYS 2U2U
• New Year's Day, Friday, January 1, 2021
• Dr. Martin Luther King, Jr.'s Birthday, Monday January 18, 2021
• Memorial Day, Monday May 31, 2021 1
• Fourth of July Observed, Monday, July 5, 2021
• Labor Day, Monday, September 6, 2021 1
• Wednesday, November 24, 2021, building closes at 3:00pm
• Thanksgiving Day, Thursday, November 25, 2021
• Friday After Thanksgiving, Friday, November 26, 2021
• Christmas Eve, Friday December 24, 20211
• Christmas Day, Saturday, December 25, 2021
• New Year's Eve, Friday December 31, 2021 close at 3:00pm
LESSEE: DATE:
LEASE AGREEMENT FOR THE PREMISES LOCATED AT 927 NOYES STREET,
EVANSTON, ILLINOIS, BY AND BETWEEN
THE CITY OF EVANSTON, LANDLORD
AND
«TENANT», TENANT
INDEX
Section Title Page Number
SECTION 1. DESCRIPTION OF PREMISES......................................................................... 2
SECTION2. TERM................................................................................................................ 2
SECTION3. RENT................................................................................................................. 2
SECTION 4. COMMON FACILITIES...................................................................................... 3
SECTION 5. USE OF PREMISES........................................................................................... 5
SECTION6. SIGNS............................................................................................................... 8
SECTION 7. DEFECTS; DEFECTIVE CONDITION; WIND; ACTS OF THIRD
PERSONS.........................................................................................................
8
SECTION 8. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT ............................
8
SECTION 9. REPAIRS AND MAINTENANCE.......................................................................
9
SECTION10. UTILITIES.........................................................................................................10
SECTION11. TAXES..............................................................................................................10
SECTION12. INSURANCE....................................................................................................10
SECTION 13. SUBLETTING; ASSIGNMENT.........................................................................11
SECTION 14. SURRENDER OF PREMISES; HOLDING OVER.............................................11
SECTION 15. INDEMNIFICATION AND LIENS......................................................................12
SECTION 16. LANDLORD'S RIGHT OF INSPECTION AND REPAIRS.................................12
SECTION 17. DEFAULT AND REMEDIES.............................................................................13
SECTION 18. TENANT OBLIGATIONS TO COMMUNITY AND ASSOCIATION ...................15
SECTION 19. REMOVAL OF OTHER LIENS..........................................................................15
SECTION 20. REMEDIES NOT EXCLUSIVE..........................................................................16
SECTION 21. EXPENSES OF ENFORCEMENT....................................................................16
SECTION 22. EMINENT DOMAIN..........................................................................................16
SECTION 23. GOVERNMENTAL INTERFERENCE WITH POSSESSION .............................17
SECTION 24. PEACEFUL ENJOYMENT...............................................................................17
SECTION 25. EFFECT OF WAIVER OF BREACH OF COVENANTS....................................17
SECTION 26. AMENDMENTS TO BE IN WRITING................................................................17
SECTION27. PARTIES BOUND............................................................................................17
SECTION28. NOTICES..........................................................................................................17
SECTION 29. MISCELLANEOUS...........................................................................................18
SECTION 30. VENUE AND JURISDICTION...........................................................................19
SECTION 31. FORCE MAJEURE............................................................................................
19
1
This Lease Agreement (the "Agreement" or "Lease") shall take effect as of the date of
execution of the Agreement by the City (the "Effective Date"). This Lease is by and between
The City of Evanston, an Illinois home rule municipality and owner of subject Property
("Landlord"), whose main business office is located at 2100 Ridge Avenue, Evanston, Cook
County, Illinois, "Landlord", and ,«Tenant», «Tenant_Description_» ("Tenant"). Landlord and
Tenant may be referred to collectively as the "Parties". _
SECTION 1. DESCRIPTION OF PREMISES
Landlord leases to Tenants spaces «Leased_Spaces»', located on the
«Leased_ Space_ Location» floor of the property with a street address of 927 Noyes Street,
Evanston, Illinois 60201 (the "Premises"), situated within the Landlord's 3-story building located
at the same common address and legally described on Exhibit A (the "Property") and
commonly known as the Noyes Cultural Arts Center ("NCAC").
The Property has various uses including artist workshops, resident young adult summer
camp classes, art exhibits, and many other uses. The term "Common Facilities" as used in this
Agreement will include those areas and facilities within the Property (outside of the Premises)
for the nonexclusive use of Tenants in common with other authorized users, and includes, but is
not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area),
common area restrooms and open means of ingress and -egress. Tenants will have the non-
exclusive right to use the Common Facilities, including the washrooms referenced above.
SECTION 2. TERM
The term of this Agreement will be for one year, January 1, 2021 — December 31, 2021
(the "Term"). Tenants must provide Landlord with 90 days' notice to request a renewal of the
Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term
is not necessary and in the best interests of the City. Renewal of the Agreement must be
authorized by written consent of the Parties and must be authorized by the City Council.
SECTION 3. RENT
A. RATE: Tenants agree to pay Landlord an annual rental payment (the "Rent") in
accordance with the following schedule:
1. For the period of January 1 S' — December 31 st (twelve months), the Rent
« Re rate is $nt_rate», per month, for total Rent of $«Total_Rent for the twelve months.
Rent must be paid by the 5th day of each month. �
B. PAYMENTS. The Rent outlined in Section 3[A][1] above shall be paid in
accordance with said Section.
C. Any and all Rent PAYMENTS under this Lease shall be mailed to:
City of Evanston
Parks, Recreation, and Community
Services Department — Noyes Cultural Arts Center
927 Noyes Street
Evanston, IL 60201
D. PROPERTY FEES SCHEDULE: Attached as Exhibit B is a schedule of fees for
all tenants of the Property, if applicable, including Tenant ("NCAC Property Fees"). To the
extent incurred by Tenant, the NCAC Property Fees specified on the fee schedule will be
invoiced separately and shall be paid by the due date listed on the invoice. To the extent
incurred by Tenants, the NCAC Property Fees are to be paid by Tenants regardless of the
applicable rental rate specified in Section 3 [A]. Tenants acknowledges that they will reimburse
the City for use of the Common Facilities (as specified on Exhibit B) after the standard
business hours set by the City and the Association, which hours shall not be less than the
following hours throughout the Term (including any Extended Term): 8:00 a.m. — 10:00 p.m.
Monday — Friday; 8:30 a.m. — 7:00 p.m. on Saturday; and 10 a.m. — 5:00 p.m. on Sunday (the
"Business Hours").
E. SURCHARGE:
1. Tenant acknowledges and agrees that all non -Evanston residents
(individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be
applicable to non -Evanston resident Sub -lessees if the Lessee (individuals only) is an
Evanston resident. The 20% surcharge is applicable to a non -Evanston resident Sub-
lessee only if and when the Sub -lessee assumes the remainder of the entire lease or a
co -lease, or upon termination by Lessee or the Lessor. In order for an Organization to
be exempt from incurring a 20% surcharge, its principal place of business must be in
Evanston. Organizations must attach Articles of Incorporation to this Lease.
2. Monthly rental charges assessed to Sub -lessees will not be in excess of
one-half the rent charged to Lessee by the Lessor. A written sublease agreement
between the Lessee and Sub -lessee must be given to the Lessor covering the lease
terms prior to Sub -lessee's use of space. The sublease agreement must include the
payment schedule and the dollar amount paid by Sub -lessee to Lessee. Community
service obligations assessed to Sub -lessee are in addition to the full obligation assessed
to Lessee. Therefore, the Community Engagement obligations assessed to Lessee will
not decrease as a result of a sublease.
SECTION 4. COMMON FACILITIES
A. MAINTENANCE BY LANDLORD: Tenants acknowledge that they have leased
the Premises for many years and receive the Premises, Common Facilities and remainder of
the Property in as -is condition, and acknowledge that the Landlord has made no representations
to the condition or has made any repairs to same. The Landlord or Landlord's staff or other
representatives have made no representations or assurances that it will alter or remodel the
Premises or Property. Landlord shall, when necessary, as determined by Landlord, in its
reasonable discretion or when required by applicable laws, perform, repair and maintain all of
the following:
1. Exterior maintenance, including the foundation, exterior walls, slab,
common area doors and roof;
2. A refuse container to be shared by all tenants in the Property to be
located at the Property in reasonable proximity to the Premises. Landlord will contract,
to have trash hauled from such container with reasonable frequency;
3. Electric facilities and systems, gas facilities and systems and the HVAC
unit(s) and systems (including the portions of such systems serving the Premises
exclusively);
4. Plumbing and water facilities and systems (including the portions of such
systems serving the Premises exclusively);
5. Fire and life safety systems and fire alarm systems, including inspections
thereof (including the portions of such systems serving the Premises exclusively);
6. Hallways, stair rails, and related elements, and restrooms and other
Common Facilities, including the parking lot serving the Property;
7. Snow and ice removal, including salting, from front walkway of Premises
and parking spaces in front of the Property within 48 hours of any snow event with
accumulation of an 1 inch or more; and
8. Change light bulbs, ballasts and tubes in any fluorescent or comparable
light fixtures in the Premises. Notwithstanding the foregoing, Tenant will change light
bulbs, ballasts and tubes which are considered specialty lighting and related to
performance activities.
9. Maintain the HVAC units in the Premises, the HVAC units are the
property of the Landlord and shall remain in the Premises at the end of the Term.
B. MAINTENANCE BY TENANTS:
1. Interior non-structural Premises maintenance and all fixtures and property
within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems
and (b) any items Landlord is required to maintain pursuant to Section 4[A];
2. All refuse from Premises to be placed in appropriate containers and
Tenants cannot dispose of construction building materials in the standard refuse
containers and must arrange for special pick-ups and containers for said materials;
3. The Tenants will at all times maintain all of the Premises in a clean, neat
and orderly condition. The Tenants will not use the Premises in a manner that will
violate or make void or inoperative any policy of insurance held by the Landlord. The
Tenants shall pay the Landlord for overtime wages for staff and for any other related
expenses incurred in the event that repairs, alterations or other work in the Premises
required or permitted hereunder are not made during ordinary Business Hours (as
defined in Section 3[D]) at the Tenant's request.
4. Tenants will keep the interior non-structural portions of the Premises,
including all interior, non-structural walls, surfaces and appurtenances (other than
systems and any other items that Landlord is required to maintain pursuant to Section
4[A]), in good repair. Tenants shall be responsible for repairs, damages and losses for
damages sustained outside the Premises to other NCAC tenant's personal property or
leased area attributable to Tenant's negligence or intentional misconduct, subject to
Section 12[D]. All such damage must be reported in writing to the Director of Parks,
4