HomeMy WebLinkAboutRESOLUTIONS-2014-042-R-146/5/2014
5/28/2014
42-R-14
A RESOLUTION
Authorizing the City Manager to Execute an Amendment to the
Sublease Agreement with Evanston Wilmette Golf Course Association
for the lease of the Evanston Wilmette Golf Course
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is hereby authorized and directed to
execute a First Amendment to the Golf Course Sublease Agreement ("Amendment") by
and between the City and Evanston -Wilmette Golf Course Association, Inc., which is
attached hereto as Exhibit 1" and incorporated herein by reference.
SECTION 2: The golf course was formally named the "Peter N. Jans
Community Golf Course" at the time of execution of the 2004 sublease and
subsequently changed its name to the "Frank Govern Memorial Golf Course" and now
the golf course official name is the "Evanston Wilmette Golf Course" d/b/a "Canal
Shores".
SECTION 3: The City Manager is hereby authorized and directed to
negotiate any additional conditions of the Amendment as he may determine to be in the
best interests of the City.
SECTION 4: This Resolution 42-R-14 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
Attes
Rodney Gree e, City Clerk
Adopted: 1.2014
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Eliz th B. Tisdahl, Mayor
42-R-14
42-R-14
EXHIBIT 1
FIRST AMENDMENT TO SUBLEASE AGREEMENT
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FIRST AMENDMENT TO SUBLEASE AGREEMENT
THIS FIRST AMENDMENT to the GOLF COURSE SUBLEASE AGREEMENT (this
"First Amendment"), by and between the City of Evanston, an Illinois municipal corporation (hereinafter
referred to as "City") and Evanston -Wilmette Golf Course Association, Inc. (hereinafter referred to as
"Association"). The City and Association shall be referred to collectively as the "Parties".
WITNESSETH
WHEREAS, the Association seeks to continue the operation of a golf course on a portion of
property along the canal that the City leases from the Metropolitation Water Reclamation District
("MWRD") pursuant to a master lease agreement dated October 14, 1966 (the "Master Lease") and
extended pursuant to a Lease Extension Agreement dated April 21, 1994; the Master Lease expires on
May 31, 2032 ("Master Lease Extension"); and
WHEREAS, the Parties entered into the Golf Course Sublease Agreement dated March 1, 2004
(the "Sublease Agreement"), the terms and conditions of which are incorporated herein by reference and
attached to the amendment as Exhibit A, which provides a legal description for the premises (the
"Demised Premises"); and
WHEREAS, the Parties have enjoyed several decades of collaboration in operating the
aforementioned golf course and desire now to modify certain terms of the Agreement in order to clarify
the obligations of each party going forward; and
WHEREAS, the Demised Premises was formally named the "Peter N. Jans Community Golf
Course" at the time of the 2004 sublease and then changed to the "Frank Govern Memorial Golf Course"
and now the Demised Premises is registered with the State of Illinois as the "Evanston Wilmette Golf
Course" and d/b/a "Canal Shores",
NOW THEREFORE, in consideration of the mutual observance of the covenants, conditions
and promises set forth below and in consideration of the lease of the Demised Premises, of TEN
DOLLARS ($10.00) and for additional consideration, the receipt and sufficiency of which are hereby
mutually acknowledged, the parties agree as follows:
I. AGREEMENT IN FULL FORCE AND EFFECT; DEFINITIONS
A. The Parties acknowledge and agree that this First Amendment shall supersede, control
and be deemed to modify the terms of the Sublease Agreement. In the event of any conflict between the
terms and conditions of this First Amendment and the terms of the Sublease Agreement, the parties
unconditionally agree that the terms and conditions of this First Amendment shall supersede, prevail and
dictate. Any term or condition of the Agreement not addressed within this First Amendment shall remain
in full force and effect.
B. Recitals. The recitals are incorporated herein as if fully restated, including but not
limited to the new name of the Demised Premises as the "Evanston Wilmette Golf Course" d/b/a "Canal
Shores".
H. SECTION 4 — USE OF THE DEMISED PREMISES
1. Subsection 4(a) of the Sublease Agreement shall be amended by adding the following clause at
the beginning of the first sentence thereof:
"Except as otherwise hereinafter provided, ...."
2. Subsection 4(b) of the Sublease Agreement shall be redacted and replaced to read as follows:
(b) Uses Outside of Scope of Golf Course Operation:
i. Association Uses Outside Scope of Golf Course Operation: Any use, which is not
considered to be in furtherance of the operation of a golf course provided for in Subsection
4(a) (the "Uses Outside the Scope of Golf Course Operation"), will require the City's prior
written consent, except for Tier Three Uses described in Paragraph 4(b)(ii)(c).
ii. Tiered Use Structure (the "Uses"): The Parties seek to formalize the understanding
between the Parties with respect to the types of uses that require a special event permit and
consent from the City prior to commencement of the activity or use. The guidelines are still
subjective, but an attempt to streamline operations going forward.
a. Tier One Uses: Tier One Uses and activities are uses that involve multiple city
departments and coordination efforts (Police, Public Works, Parks and Recreation, etc.)
and the anticipated participation (greater than 100 people), and impact on the surrounding
community is elevated, such as increased traffic congestation and noise. Examples of
Tier One Uses include: larger special events such as organized cycling events, cross
country skiing races, concerts, charity fundraisers or tailgating for football games.
b. Tier Two: Tier Two Uses and activities are uses that involve coordination
efforts with City employees, but the anticipated participation (less than 100 people), the
impact on surrounding community is not as significant, and the staff resources needed to
mobilize and help coordinate the event is not as significant. Examples of Uses of
include: cross-country running races, organized softball tournament, and cross-country
skiing races.
c. Tier Three: Tier Three Uses and activities are uses that do not need prior
written consent and a special event permit from the City. Examples of such Uses include:
running, flag football or cross-country skiing groups using the Demised Premises and not
related a race, picnics and barbeques that are not related to a fundraiser or larger
organized event.
iii. Coordination of Uses:
a. On or before January 15th of each year, the City and the Association shall
confer on the scheduling of, and the permitting for, planned Uses Outside the Scope of
Golf Course Operation for the current year. If such Uses Outside the Scope of Golf
Course Operation will be recurring and can be scheduled at least three months in advance
thereof (e.g, alumni tent parties), then the Association and City shall establish for such
recurring Uses Outside the Scope of Golf Course Operation a streamlined permitting
process, which would entail the filing of a single written request with the City for a
Special Events permit (see "Special Use Request" defined below). The Association can
apply for each event on one permit application, however the City will assess a special
event permit fee for each event that is listed on the annual application. If certain Uses
Outside the Scope of Golf Course Operation would not significantly impact the City, as
mutually discussed and determined by the Association and the City according to agreed
upon criteria, and would not otherwise require a permit or license from the City, then the
City will not qualify such Uses as a "Special Event", as defined in the City's "Special
Event Permit Policy & Instructions", and will provide the Association with its prior
written consent to such Uses (such pre -approved, low -impact Uses Outside the Scope of
Golf Course Operation hereinafter referred to as "Pre -Exempted Uses").
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b. A Special Use Request will be required for both recurring Uses Outside the
Scope of Golf Course Operation, as described above, and for one-time Uses Outside the
Scope of Golf Course Operation, which are not Pre -Exempted Uses ("Non -Golfing
Special Events"), and it must provide the following details: (a) date(s) of the Non -Golfing
Special Event(s); (b) estimated number of participants; (c) description of the Non -Golfing
Special Event(s); and (d) any additional information necessary to provide an overview of
the requested use.
c. The Special Use Request should be submitted to the City on or before 30 days
prior to the Non -Golfing Special Event(s) in accordance with the Notice provisions in
Section 11.
d. The City shall issue a response within 30 days of receipt, either rejecting,
accepting, or accepting the Special Use Request with modifications.
e. The Association and City recognize and understand that the Association
frequently encounters numerous fundraising and community recreation opportunities on
short notice, and they shall therefore seek, in good faith and in their mutual best interests,
to expedite any City permitting process even faster than provided for herein, if such
short -notice opportunities arise. The Association and City also recognize and understand
that third parties, unrelated to the Association or the golf course, often rent a portion of
the Demised Premises from the Association in order to temporarily host events there. The
Association shall indicate to the City when there is such a situation, and the City shall
endeavor first and foremost to coordinate directly with such third party host about the
permitting and approval process.
f. Any use of City property, other than the Demised Premises, requires written
consent for said Use, and a Special Event license must be obtained and the applicable fee
must be paid. Additional requirements for use including insurance, liquor license,
charges for special pick-up fees, police fees, and other applicable restrictions are outside
of the scope of this Sublease Agreement.
iv. City Uses Outside Scope of Golf Course Operation: The City shall have the right to use the
Demised Premises for purposes consistent with the Master Lease. The City will consult in
advance with the Association prior to scheduling such uses and will schedule its uses in such a
manner as to not unreasonably interfere with the Association's operation and maintenance of
the golf course. The Association will cooperate fully with the City in scheduling and
implementing such uses. If the City and the golf course desire to schedule a program at the
same time, the golf course shall have preference and selection of program times. In the event
the City's use of the Demised Premises as provided for in this paragraph 4(b) damages the
Demised Premises, the City will restore the Demised Premises to the condition existing
immediately prior to the damages. The City shall maintain insurance necessary to protect the
interests of the Association as they relate to the City's use of the Demised Premises as
provided for in this paragraph 4(b), and shall indemnify and hold the Association harmless
with regard thereto, at the City's sole cost and expense. The City shall not include such costs
as a reimbursable operating expense of the Demised Premises.
Subsection 4(c) shall be amended to add the laneuaee below to the end of the oaraQranh:
The Association must post a minimum of 5 signs in conspicuous locations in Evanston part of the
golf course to read "Alcohol possession and consumption is prohibited on Golf Course property and is
subject to police enforcement." Failure to post the required signage throughout the Demised Premises by
July 1, 2014 shall result in a daily fine of $50.00. The Association is also required to comply with the
remainder of the terms of Subsection 4(c) with respect to possession and consumption of alcohol on the
Demised Premises. The City and Association are fully aware that these provisions do not apply to those
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areas on the Demised Premises for which a liquor license has been obtained in connection with city -
approved event (e.g., tailgating parties, celebrity gold fundraisers). The City reserves the right to
prosecute violations of the City Code of 2012, as amended (the "City Code"), against the Association.
For every Special Use event at which alcohol will be served, the Association must obtain, either itself or
through the event host, a liquor license in accordance with the City Code application requirements in
Section 3-3-4, as amended, and subject to the restrictions contained in the one -day liquor licenses in
Section 3-4-6(F) and (F1) .
Section 4 shall be amended to add a subsection (d), to read as follows:
(d) Repair and Maintenance.
i. No duties on Citv. Except to extent caused by the negligent act or omission of the City,
the City shall have no duty to repair or maintain the golf course or any improvements placed
on or constituting any portion of the Demised Premises. The City will not be liable for any
economic loss, damage or injury, fatal or nonfatal, resulting from any damage, defect or
disrepair of any improvements placed at or constituting any portion of the Premises.
ii. Repair and Maintenance Duties of Association. The Association agrees that at all
times it shall operate and maintain the golf course in a manner consistent with industry
standards and practices. The Association will provide at its own cost and expense, all repairs,
maintenance, and required service on any improvements to the Demised Premises and to any
City property other than the Demised Premises. The Association will restore the Demised
Premises and any City property utilized during the Term to its original condition following an
event that damaged the subject property (i.e., cycling event, tailgating, etc.).
III. SECTION 6 — RENT/INCOME: Section 6 shall be replaced in its entirety with the
following language:
6. RENT/INCOME. Association agrees to pay the City as rent for the Demised Premises, which
constitutes 11 holes of the 18 hole golf course, a percentage of annual net income of the Association in
accordance with the terms outlined below.
(a) Master Lease: Section 4(b) of the Master Lease Extension requires that the City pay MWRD
annually 25% of net income from the operation of a golf course on the Demised Premises (the
"Rent'). The obligation to pay MWRD rests with the City, however as our sublessee, the
operator, and owner of the golf course, the Association is vested with the responsibility to
calculate the net income and pay the City the required Rent payment in order to fulfill its
obligations under the Master Lease Extension.
(b) Demised Premises: The 18-hole golf course lies in two communities, 11 holes are in Evanston
and 7 holes are in Wilmette.
(c) Income: "Income" is defined to include the entire amount of the sales price, whether for cash
or otherwise of all sales or merchandise, services and other receipts whatsoever of all business
conducted in or from the Demised Premises, including mail or telephone orders received or filled
at the Demised Premises, deposits not refunded to purchasers, order taken, although said orders
may be filled elsewhere, sales to employees, sales through vending machines, sales of food and
refreshments and sales by an sublessee, concessionaire or licensee or otherwise on said Demised
Premises, and monies attributable to the activities of golf course professionals (including lessons,
sales or resales of merchandise, events hosted at the golf course by professional and/or
Association). Each sale upon installment or credit shall be treated as a sale for the full price in
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the month in which such sale was made, irrespective of the time payment is received. No
deduction shall be allowed for uncollected or uncollectible accounts. Income shall not include
the amount of returns to shippers or manufacturers, nor the amount of any cash or credit refund
made upon any sale where merchandise is sold, or some part thereof is thereafter returned by
purchaser and accepted by the Association personnel, nor sales of fixtures by Association shall be
considered income. Lastly, no deductions shall be made from gross income for expense of
premiums and other attendant expense for blanket liability and fire and extended coverage
insurance policies for liabilities undertaken with respect to facilities other than the Demised
Premises. In the event that MWRD conducts an audit of Association files and determines that
additional funds are owed to MWRD, the Association shall promptly issue payment to the City,
or at the City's request issued directly to MWRD.
(d) Annual Net Income: Annual Net Income refers to the total net Income for the Association
from its operations at the golf course for each fiscal year (January 1 — December 31 ")
(e) Rent: The Rent that is attributable to the Demised Premises, which is 11/18's of the 25% of
the total Annual Net Income of the Association and therefore the percentage is due and payable to
the City, or at the City's request, the Rent may be made payable directly to MWRD. The Rent
payment shall be made within 90 days, following the end of the fiscal year for the Association
(December 31st)
(f) Annual Audit. The Association is required to conduct an annual audit of its financial
operations, at its own expense, and must produce a copy of the annual audit to the City within 15
days of receipt from its auditor. In addition, the City will be provided a copy of the Association's
federal tax return within 15 days of filing. The Association represents that it will also fully
cooperate with any and all audits performed by MWRD or the City relative to the golf course
operations and conformance with the Master Lease Agreement and this Sublease Agreement
terms.
IV. SECTION 7 — INSURANCE/INDEMNIFICATION: Section 7 shall be fully redacted
and replaced with the following language:
(a) Insurance. It is agreed that any policies of insurance to be maintained by the
respective parties will be obtained from good and solvent insurance companies with an Alfred
Best Company Rating of A or better. Tenant agrees that it will, at its expense, maintain a policy
of insurance, written by responsible insurance carriers, approved by the City that will insure
Landlord against liability for injury to or death of persons or damage to property occurring about
the demised Premises. The liability under insurance will be at least $1 million for any one person
injured or killed or any one occurrence, $2 million general aggregate coverage for any one
accident, and $1 million property damage. Tenant agrees to maintain employees' Worker's
Compensation insurance required under Illinois law, and any other insurance necessary to protect
Landlord against liability to person or property. Exhibit B in the Sublease Agreement is hereby
stricken intentionally and all insurance requirements are fully stated herein.
i. Insurance on Personal Property, Fixtures, Equipment and Inventory. The
Association agrees to maintain on all equipment, personal property, inventory and fixtures in
the Premises of at least 80 % of the insurable replacement value. The policy will name
Landlord as additional insured to protect Landlord's interest as Landlord.
ii. Association Waiver of Casualty Insurance Proceeds. If the Premises are damaged
by fire or other casualty insured against, Association agrees to claim no interest in any
insurance settlement arising out of any loss where premiums are paid by City or MWRD, or
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where City is named as sole beneficiary, and that it will sign all documents required by City or
the insurance company necessary in connection with the settlement of any loss.
(b) Indemnity. Association agrees that all elected officials, department and divisions
officials, officers, agents, attorneys, and employees of the City shall not be liable for any claim of
any kind or in any amount for any injury to or death of persons or damage to property of
Association or any other person. The City agrees that no employee, officer, director or agent of
the Association shall be liable in any circumstances whatsoever to the City for any injury,
damage, delay or loss of whatsoever kind arising or resulting directly or indirectly from any act,
neglect or default on such individual's part while acting within the scope of, or in connection
with, his or her position with the Association. Association shall indemnify and hold City harmless
from all liability whatsoever, and from all losses, costs and expenses (including without limitation
attorneys' fees and expenses) incurred or suffered as a result of or related to any real or claimed
damage or injury related to Association's negligence, gross negligence, or acts of intentional
misconduct.
(c) Liability for Acts or Neglect. If any damage to the Premises, or any part thereof, results
from any act or neglect of Association or its invitees or other guests, agents, customers, invitees
or other guests of its customers, or employees, independent contractors, or the like, then
Association shall immediately repair the same; provided, however, that the City may, at its
option, repair such damage at a reasonable expense and Association shall, upon demand by the
City, reimburse the City forthwith for the total cost of such reasonably priced repairs. All
personal property belonging to Association shall be at the sole risk of the Association and such
other person only and the City shall not be liable for damage, theft or misappropriation thereof.
V. SECTION 8 - TERMINATION: Subsective 8(a) shall be replaced in its entirety with
the following language:
(a) Insurance. If the City discovers that the Association has breached its obligations to insure the
Demised Premises, the City shall send written notice to the Association providing that it has thirty (30)
days upon receipt of the correspondence to cure the breach. If the Association demonstrates substantial
progress towards compliance with its obligation, the Association may be granted an additional fifteen (15)
days to comply with the insurance requirement provided in Section 7.
VI. SECTION 9 - MATERIAL BREACH: The following clauses shall be added to Section
9 "Material Breach"; each event listed below also constitutes a material breach of the Sublease
Agreement and the cure period provided in Section 8(b) remains the same:
(e) Use of the Premises by the Association for an activity or in a manner not in conformance with
Section 4 of this Sublease Agreement; or
(f) Failure to issue a timely report, abide by reasonable audit requests, or provide the City with a
copy of the Association's federal tax return as required under Section 5 "Master Lease
Requirements/Payments"; or
(g) Failure to pay Rent pursuant to Section 6 "Rent/Income".
VII. SECTION 10 — AMENDMENTS: Section 10 shall be replaced in its entirety with the
following language:
This Sublease Agreement may be modified or amended only in writing signed by the City and
Association. Any proposed modifications to the Demised Premises must follow the procedure outlined
in Section 1 and agreed to in writing by the Parties.
VIII. SECTION 11 — NOTICES: Section 11 shall be amended to provide for the
Association's notice information. Notices to the Association shall be addressed to the following address
and recipient:
Evanston -Wilmette Golf Course Association, Inc.
c/o Don Olson Insurance Agcy Inc.
417 Linden Ave Unit 1
Wilmette, IL 60091-2827
IX. ATTORNEYS FEES AND EXPENSES: The Sublease Agreement is amended to add a
new section entitled "Attorneys Fees and Expenses". The section reads as follows:
If, at any time during the Term of this Sublease Agreement, the City must institute any formal
judicial action or proceeding against Association to duly enforce provisions of this Lease, or any default
hereunder and such enforcement succeeds, then the Association agrees to pay for the City's attorneys fees
and expenses.
X. COUNTERPARTS: This First Amendment may be executed in several counterparts,
each of which shall be deemed an original, and all of which shall constitute but one and the same
instrument. For purposes of this First Amendment, facsimile and scanned signatures shall be considered
the same as original signatures and shall be treated as valid .and binding upon the parties hereto, provided,
however, the parties shall exchange original signature pages as reasonably promptly following execution
hereof.
IN WITNESS WHEREOF, the Parties have caused this First Amendment to be executed and the
effective date is the date executed by the City (the "Effective Date").
CITY OF EVANSTON EVANSTON-WILMETTE GOLF COURSE
ASSOCIATION
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Print Name: Wally Bobkiewicz Print Name:
Its: City Manager Its: President
Dated: 12014 Dated: 12014
it
EXHIBIT A
SUBLEASE AGREEMENT
1 /6/04
EXHIBIT A
PETER N. JANS COMMUNITY GOLF COURSE SUBLEASE AGREEMENT
This AGREEMENT is made this / day of A44rch , by and between the CITY OF
EVANSTON, a municipal corporation, organized and existing under the laws of the
State of Illinois, hereinafter "the City", and the Evanston- Wilmette Golf Course
Association, Inc., hereinafter "the Association."
R E C I T A L S
On April 21, 1994, the City executed an extension of lease No. L-063 dated October 14,
1966, with the Metropolitan Water Reclamation District of Greater Chicago ("the
District"); said lease and extension are hereinafter referred to as "the Master Lease."
Since ' 1919 the City has sublet a certain portion of the leasehold property to the
Association, formerly the Evanston Community Recreation Association, for use in
connection with the Association's operation of the Peter N. Jans Community Golf
Course, "the Demised Premises", legally described on Exhibit "A" attached hereto anti
made a part hereof.
As permitted by the Master Lease, the City desires to continue to sublet the Demised
Premises to the Association, said sublease to supersede prior agreements and
understandings between the City and the Association if inconsistent herewith and to be
consistent and run concurrently with the Master Lease until May 31, 2032.
NOW THEREFORE, for a nd i n consideration of the p romises, covenants, c onditions,
agreements and undertakings hereinafter set forth and other good and valuable
consideration, the receipt of which is hereby acknowledged, the City and Association
agree as follows:
1. Agreement. All of the .foregoing recitals constitute the factual basis for this
transaction and are incorporated herein by reference and made a pars: hereof.
2. Sublease of the Demised Premises_ Subject to the Association's compliance
with the terms and conditions of, and fulfillment of its obligations under, this
Sublease Agreement, the City hereby subleases the Demised Premises to the
Association for the term and the use hereinafter set forth. The City, by action of
its City Council, may, after consultation with the Association's Board, withdraw
from the Demised Premises portion(s)' thereof, which, in the City's sole judgment,
are not needed for Golf Course operation and maintenance. The Director of
Parks/Forestry & Recreation shall send the Golf Course Association written
notice of his/her intent to seek City Council approval to withdraw the property or
properties in question. The Association shall have thirty (30) business days after
notice is given pursuant to paragraph 11, infra. to file its written objections/
comments on the City's proposed action with the City's Director of Parks/Forestry
& Recreation. Said written objection shall state the ground(s) for objection with
specificity. If no such written objections/comments are timely filed, Sublessee
shall cooperate with the City in execution of an amended Sublease which reflects
the amended legal description and terms and conditions, if any, necessary or
appropriate to the circumstances. The consideration due the City from
Sublessee under the Sublease shall not be reduced or changed as a result of the
City's exercise of its rights pursuant to this paragraph 2, inasmuch as the City
shall not remove property from the Sublease which is needed for Golf Course
operation and maintenance. If written objections/comments are timely filed, and
thereafter the Director of Parks/Forestry and Recreation and the association fail
to agree, the Golf Course Association shall have the option to file a written
objection directly with the City Council within the thirty (30) days after the City
gives notice of the Department of Parks/Forestry & Recreation's decision
pursuant to paragraph 11, infra. to proceed notwithstanding the Association's
objections. Said written objection shall state the ground(s) for objection with
specificity and shall be directed to the attention of the City Clerk for the City
Council to consider in making its decision. The Director of Parks/Forestry &
Recreation shall notify fhe Association of the date and time of the City Council
consideration of the proposal upon finalization of the meeting's agenda. This
notice of the City Council meeting date shall be in writing and shall be given
promptly, but shall not be subject to the notice time provisions of para. 11.
Notice by fax to the number provided by the Association in para. 11. shall fulfill
this requirement.
3. Term. This Agreement shall be in effect from the date first written above until
May 31, 2032, unless sooner terminated as hereinafter provided.
4. Use of the Demised Premises.
(a) Golf Course Operation. The Association shall use the Demised Premises
only for the purpose of operating and maintaining a public golf course and
providing those activities and services which are customarily incidental
thereto. Unless otherwise agreed In advance in writing between the City
and the Association, and determined by the City to be consistent with the
Master Lease, the Association shall neither make nor permit any other use
of the Demised Premises, including and without limitation, parking,
standing or storing of motor vehicles, other than golf carts utilized in the
operation of the Golf Course. This paragraph shall not be deemed to
prohibit the parking or standing of motor vehicles used by the Association
in connection with golf course maintenance while actively engaged in such
maintenance.
(b) The City shall have the right to use the Demised Premises for purposes
consistent with the Master Lease. The City will consult in advance with
the Association prior to scheduling such uses and will schedule its uses in
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such a manner as to not unreasonably interfere with the Association's
operation and maintenance of the Golf Course. The Association will
cooperate fully with the City in scheduling and implementing such uses. If
the City and Golf Course desire to schedule a program at the same time,
the Golf Course shall have preference in selection of program times. In the
event'the City's use of the Demised Premises as provided for in this
paragraph 4(b) damages the Demised Premises, the City will restore the
Demised Premises to the condition existing immediately prior to the
damages. The City shall maintain insurance necessary to protect the
interests of the Association as they relate to the City's use of the Demised
Premises as provided for in this paragraph 4(b), and shall indemnify and
hold the Association harmless with regard, thereto, at the City's sole cost
and expense. The City shall not include such costs as a reimbursable
operating expense of the Demised Premises. In the event that the City
should, realize net profit from operations on the golf course, the City will be
obligated to pay 25% of the profit directly to the Metropolitan Water
Reclamation District as required by the Master Lease.
(c) Alcohol on the Demised Premises. Alcoholic beverages are prohibited on
the Demised Premises. This paragraph shall not be construed to prohibit
the consumption or possession of alcoholic beverages within an area
bounded by the north wall and the east wall of the American Legion
Building at 1030 Central Street and by the intersection of a line one
hundred feet (100') west of the American Legion Building and a line one
hundred feet (100') south of said Building, provided the appropriate State
and City Liquor licenses are in effect for the American Legion Building
demised premises. The Association must post signage advising of the
boundaries within which possession and consumption of alcoholic
beverages are permitted. Posting and maintenance of said signs are the
responsibility of the Association.
5. Master Lease Reouirem ents/Payments. The City has provided the Association
with a complete copy of the Master Lease as extended by the Lease Extension
Agreement dated April 21, 1994. The Association covenants that it shall abide
by the terms of the Master Lease and its action or inaction shall not cause the
City to be in default or breach under said Master Lease. The Association further
agrees to timely make or cause to be made such reporting and payments as may
be due thereunder by the City to the District either to the City or to such third
parties as directed in writing by the City. Pursuant to the Master Lease section 4
(D),the Association will provide a copy of its annual audit to the City within one
hundred fifty (150) days of the end of the Association's fiscal year (which is
December 31).
6. Rent/Income.
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{a} Golf Course Operation. The Peter N. Jans Community Golf Course
consists o f eighteen (18) holes, eleven (11) of which are located in the
City of Evanston. References in the Sublease to "annual income" or
"annual net income" shall be read as "eleven eighteenths" (11/18t') of the
"annual income" or "annual net income", as appropriate, from operation of
the eighteen- (18-) hole golf course. Commencing August 31, 2000, and
continuing until the termination of this sublease, the Association shall pay
annually to the City or to such third parties as directed in writing by the
City 25% of11/18t'$ of Association's annual net income for each calendar
year, if any, from its operation of a golf course on the Demised -Premises.
Said percentage rental for each calendar year during the term of operation
shall be in an amount equal to the product of 25% multiplied by 11/18`hs of
the total net income, if any, made by the Association in and from that
portion of the Demised Premises used in the operation of the golf course
during such calendar year and shall be paid annually, within one hundred
fifty (150) days of the end of the Association's fiscal year (which is
December 31) unless payment is directed to a third party. The check shall
be payable to the City and sent to the attention of the Director of Parks,
Forestry and Recreation. For purposes hereof, the term "income" shall be
construed to include the entire amount of the sales price, whether for cash
or otherwise, of all sales of merchandise (including gift and merchandise
certificates), services and other receipts whatsoever of all business
conducted in or from the Demised -Premises, including mail or telephone
orders received or filled at the Demised Premises, deposits not refunded
to purchasers, orders taken, although said orders may be filled elsewhere,
sales to employees, sales through vending machines or other devices,
sales of food and refreshments and sales by any sublessee,
concessionaire or licensee or otherwise on said Demised Premises, and
monies attributable to the activities of the Golf Course Pro Manager,
including but not limited to, golf lessons given by the Pro Manager, sales
of any merchandise held by him/her for sale or resale and events hosted
by him or her excluding his/her salary which is a business expense. Each
sale upon installment or credit shall be treated as a sale for the full price in
the month in which such sale was made, irrespective of the time payment
is received. No deduction shall be allowed for uncollected or uncollectible
credit accounts. "Income" shall not include the amount of returns to
shippers or manufacturers, nor the amount of any cash or credit refund
made upon any sale where merchandise is sold, or some part thereof is
thereafter returned by purchaser and accepted by the Association or the
Golf Course Pro Manager nor sales of the Association's fixtures. No
deduction from gross income shall include the expense of premiums and
other attendant expense for blanket liability and fire and extended
coverage insurance policies for liabilities undertaken with respect to
facilities .other than the Demised Premises. In the event the Metropolitan
Water Reclamation District determines that monies over and above those
paid to the City on behalf of the District pursuant to this paragraph are due
-4-
and owing, the Association shall promptly upon receipt of a written request
therefor from the City, pay to the City for forwarding to the District, such
monies as are demanded by the District.
7. Insurance/Indemnification. The Association agrees to indemnify and hold
harmless the City and the District, and provide and maintain insurance coverages
in accordance with Exhibit "B" attached hereto and incorporated by reference in
this Sublease Agreement. The City reserves the right to conduct annual reviews
of the insurance and indemnity requirements and to modify the terms and
conditions, increase the policy limits, to require the Association to purchase
additional coverage or different types of coverage, and/or to require placement of
insurance with a company having a higher rating with the Alfred M. Best
Company. The City's failure to conduct such annual review shall not be deemed
a waiver of its right to do so.
8. Termination. The Sublease may be terminated prior to its expiration on May 31,
2032, as follows:
(a) Insurance. By the City immediately upon written notice in the event the
Association fails to comply with the insurance and indemnity provisions of
this Sublease Agreement and fails to cure said failure within two (2) days
of r eceipt of s aid w ritten notice o f s aid failure; The C ity m ay, b ut i s n of
obligated to, give the Association additional time to cure.
(b) Other Material Breach. Except as provided in subparagraph 8 (a) above,
by the City upon thirty (30) days prior written notice in the event the
Association has failed to comply with any material provision(s) as
hereinafter defined in paragraph 9 of this Sublease Agreement and failed
to cure said failure within the thirty (30)_days after receipt of written notice
from the City specifying the deficiencies. In the event the breach cannot
be cured within the specified thirty (30) days after notice is given pursuant
to paragraph 11, infra. from the City specifying the deficiencies, the
Association shall within said time provide the City with a written plan to
cure acceptable to the City. In the event the written notice from the City
pertains to violation of paragraph 4(a), including and without limitation to
parking, standing or storing of motor vehicles, other than golf carts utilized
in the operation of the Golf Course, the Association shall provide the City
with a plan to cure acceptable to the City within two (2) days of receipt of
written notice from the City. The City may, but is not obligated to, give the
Association additional time to cure pursuant to this paragraph 8(b).
-5-
(c) Termination of Master Lease.
i) Pursuant to Article 9 of the Master Lease, upon ten (10) months notice
if the City of Evanston receives notice of the termination of the Master
Lease by the District. Prior to termination, the Sublessee shall clean
and completely restore the premises to the condition as of the date of
execution of the original sublease on the 315t Day of July, A.D. 1919,
pursuant to the Master Lease;
ii) Pursuant to Article 6, "Notice of Defaults," upon fifteen (15) days
written notice after the Metropolitan Water Reclamation District
provides notice to the City of Evanston that it will exercise its right to
reenter to take possession of the Demised Premises.
(d) For Convenience. By either the City or the Association upon one (1) year
advance written notice to the other party. Obligations of the parties
accruing prior to the termination date shall continue until satisfied.
9. Material Breach. A material breach is defined as:
(a) An act or failure to act which has the potential to cause the City to be in
breach of the Master Lease.
(b) Operation of the Golf Course in a manner which presents a threat to the
public health, welfare, or safety.
(c) Failure to provide the insurance or indemnity required of the Association
by this Sublease.
(d) The presence of motor vehicles on the Demised Premises in violation of
paragraph 4(a) of this Sublease.
10. Amendments. The City and the Association may mutually agree in writing to
amend this Sublease, provided, however, that no amendment is permitted if
same would violate the terms of the Master Lease. Any amendments to the
Master Lease are incorporated by reference in this Sublease as they may occur.
Sublessee will cooperate with the City in execution of an amended Sublease
which reflects the terms and conditions, if any, necessary or appropriate to the
circumstances. The Director of Parks/Forestry & Recreation will send the Golf
Course Association written notice of a proposed amendment. The Association
will have thirty (30) business days after notice is given pursuant to paragraph 11,
infra, to file its written objections/comments on the City's proposed action with the
City's Director of Parks/Forestry & Recreation. Said written objection shall state
the ground(s) for objection with specificity. If the two parties fail to agree, the
Golf Course Association will have the option to f ile a written objection d irectly
with the City Council within the thirty (30) days of the date of the written decision
of the Director of Park/Forestry & Recreation. Said written objection shall state
the ground(s) for objection with specificity and shall be directed to the attention of
the City Clerk for the City Council to consider in making its decision. The Director
of Parks/Forestry & Recreation shall notify the Association of the date and fime of
the City Council consideration of the proposal upon finalization of the meeting's
agenda. This notice of the City Council meeting date shall be in writing and shall
be given promptly, but shall not be subject to the notice time provisions of para.
11. Notice by fax to the number provided by the Association in para. 11. shall
fulfill this requirement.
11. Notices. Notices shall be in writing and either (a) personally delivered with
receipted proof of delivery; or (b) mailed by first-class certified or registered mail,
postage prepaid and return receipt requested, addressed as follows:
If to City: Director, Parks/Forestry and Recreation
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Phone: 847-448-8040
Fax: 847-448-8051
With a copy to: Law Department
City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
Fax: 847-448- 8093
If to Association: Evanston -Wilmette Golf Course Association, Inc.
Attention:
Phone:
Fax:
Or to such other address as either party may from time to time designate by written
notice to the other party. A notice given by certified or registered mail will be deemed
given three (3) business days after such notice is deposited in the United States mail,
postage prepaid, whether or not such notice is actually received by the addressee.
Notices delivered in person shall be effective upon delivery.
IN WITNESS WHEREOF, the City of Evanston and the Evanston Wilmette Golf Course
Association, Inc. have each caused this Sublease agreement to be executed by its duly
authorized officers, as of the day and year first above written.
7-
Attest: f
qCicttv
Attest:
Secretary
CITY OFT-NSTON
By: Roger D. Crum, City Manager
EVANSTON WILMETTE GOLF
COU E ASSOCIATION, INC.
�- X
President /
EXHIBIT A
PETER N. JANS GOLF COURSE
THAT PART OF SECTIONS 7. 12 AND THE OUILMETTE RESERVATION IN
TOWNSHIP 41 NORTH AND TOWNSHIP 42 NORTH AND IN RANGE 13 AND
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN. BOUNDED AND"
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE
OF NOYES STREET WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE
CHICAGO AND NORTHWESTERN RAILROAD; THENCE EAST 113.84 FEET, MORE
OR LESS, ALONG THE NORTH LINE OF NOYES STREET TO ITS INTERSECTION
WITH THE WEST LINE OF THE NORTH - SOUTH PUBLIC ALLEY IN BLOCK 4 IN
MCCORMICK'S SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13,
AFORESAID; THENCE NORTH ALONG THE WEST LINE OF THE WEST LEG OF
SAID NORTH - SOUTH PUBLIC ALLEY IN SAID BLOCK 4,156 FEET, MORE OR
LESS, TO ITS INTERSECTION WITH THE NORTH LINE OF THE EAST - WEST
PUBLIC ALLEY IN AFORESAJD BLOCK 4 OF McCORMICK'S SUBDIVISION;
THENCE EAST ALONG THE NORTH LINE OF SAID EAST- WEST PUBLIC ALLEY
379 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE WEST LINE OF THE
EAST NORTH- SOUTH ALLEY IN BLOCK 4; THENCE NORTH ALONG THE WEST
LINE OF SAID NORTH - SOUTH ALLEY AND ITS EXTENSION NORTH TO A POINT
OF INTERSECTION WITH THE NORTH LINE OF GRANT STREET; THENCE EAST
ALONG THE NORTH LINE OF GRANT STREET TO THE POINT OF INTERSECTION
WITH THE WEST LINE OF WESLEY AVENUE; THENCE NORTH ALONG SAID
WEST LINE OF WESLEY AVENUE TO THE NORTHEAST CORNER OF LOT 23 IN
BLOCK 1 IN EVANSTON PARK ADDITION IN THE EAST HALF OF THE SOUTHEAST
QUARTER OF SECTION 12 AFORESAID; THENCE EAST ACROSS WESLEY
AVENUE AND ALONG THE NORTH LINE OF LOT 10 IN BLOCK 1 IN AFORESAID
EVANSTON PARK ADDITION TO THE SOUTHWEST CORNER OF LOT 6 IN
AFORESAID EVANSTON PARK ADDITION; THENCE NORTH ALONG THE WEST
LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF LOT 51N SAID BLOCK 1
OF AFORESAID EVANSTON PARK ADDITION; THENCE EAST ALONG THE SOUTH
LINE OF SAID LOT 5 TO THE WEST LINE OF ASBURY AVENUE; THENCE NORTH
ALONG THE WEST LINE OF ASBURY AVENUE TO THE NORTHEAST CORNER OF
LOT 4 IN SAID BLOCK 1; THENCE NORTHEASTERLY TO THE NORTHWESTERLY
CORNER OF LOT "B" IN OWNER'S SUBDIVISION 1N THE SOUTHWEST QUARTER
OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE NORTHEASTERLY TO A POINT ON THE NORTH
LINE OF LOT 11 WHICH IS 450 FEET EAST OF THE WEST LINE OF SAID SECTION
7; THENCE NORTHEASTERLY TO A POINT ON THE SOUTH LINE OF LOT 3,
ASSESSOR'S DIVISION, 850 FEET EAST OF THE WEST LINE OF SECTION 7;
THENCE NORTHEASTERLY TO A POINT ON INTERSECTION OF THE EASTERLY
LINE OF THE RIGHT-OF-WAY OF THE CHICAGO TRANSIT AUTHORITY AND THE
NORTH LINE OF CENTRAL STREET; THENCE EAST ALONG THE NORTH LINE OF
CENTRAL STREET TO THE WEST LINE OF GIRARD AVENUE; THENCE NORTH
ALONG THE WEST LINE OF GIRARD AVENUE TO THE NORTH CITY LIMITS OF
THE CITY OF EVANSTON; THENCE WEST ALONG THE CITY LIMITS OF THE CITY
OF EVANSTON TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF THE CHICAGO TRANSIT AUTHORITY; THENCE SOUTHEASTERLY
ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT
AUTHORITY TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT AVENUE;
THENCE SOUTH ALONG THE EAST LINE OF BRYANT AVENUE TO THE NORTH
LINE OF CENTRAL STREET; THENCE SOUTHWESTERLY TO THE NORTHEAST
CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST HALF OF THE
NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT BEING 319.90
FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHWESTERLY ALONG
THE.EASTERLY LINE OF SAID LOT "A" IN SAID J.N. LOTT'S RESUBDIVISION TO A
POINT IN THE SOUTH LINE OF LOT 3, ASSESSOR'S DIVISION, SAID POINT BEING
160.0 FEET EAST OF THE WEST LINE OF SAID SECTION 7; THENCE WEST
ALONG THE SOUTH LINE OF LOT 3 IN ASSESSOR'S DIVISION 127 FEET TO THE
EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
ASBURY AVENUE TO THE NORTH LINE OF LINCOLN STREET; THENCE
CONTINUING SOUTH ALONG THE EAST LINE OF ASBURY AVENUE EXTENDED
SOUTH TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LINCOLN
STREET; THENCE WEST ALONG THE SOUTH LINE OF LINCOLN STREET TO THE
NORTHWEST CORNER OF LOT 1 1N BLOCK 2 OF EVANSTON PARK ADDITION 1N
SECTION 12, TOWNSHIP 41 NORTH, RANGE 13; THENCE SOUTH ALONG THE
WEST LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE WEST TO THE NORTHEAST CORNER OF LOT 32 IN BLOCK 2 OF
EVANSTON PARK ADDITION, AFORESAID; THENCE CONTINUING WEST ALONG
THE NORTH LINE OF SAID LOT 32 TO THE NORTHWEST CORNER OF SAID LOT
32; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 32 TO THE
NORTHEAST CORNER OF LOT 24 IN BLOCK 2 OF EVANSTON PARK ADDITION,
AFORESAID; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 24 TO THE
EAST LINE OF JACKSON AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
JACKSON AVENUE AND THE EAST LINE OF JACKSON AVENUE EXTENDED
SOUTH TO THE SOUTH LINE OF COLFAX STREET, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF LOT 32 IN BLOCK 1 IN EVANSTON PARK ADDITION,
AFORESAID; THENCE WEST ALONG THE SOUTH LINE OF COLFAX STREET TO
THE NORTHEAST CORNER OF LOT 1 IN THE RESUBDIVISION OF LOTS 1 TO 4 IN
BLOCK "A" IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12;
THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST
CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF LOT 1 AND ALONG THE SOUTHERLY LINE OF LOT 6
IN AFORESAID RESUBDIVISION OF LOTS 1 TO 4 IN BLOCK " A" IN THE EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 12 TO THE POINT OF
INTERSECTION WITH THE EASTERLY LINE OF POPLAR AVENUE; THENCE
CONTINUING SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE EXTENDED
SOUTHWESTERLY TO THE POINT OF INTERSECTION WITH THE EASTERLY
9"1
RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
THE CHICAGO AND NORTHWESTERN RAILROAD TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THOSE PARTS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF LOT 11 IN ASSESSOR'S
DIVISION OF FRACTIONAL SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST
OF THE THIRD PRINCIPAL MERIDIAN WHICH IS 450.0 FEET EAST OF THE WEST
LINE OF SAID SECTION 7; THENCE NORTHEASTERLY TO THE POINT OF
INTERSECTION WITH THE NORTH LINE OF LOT 4 IN AFORESAID ASSESSOR'S
DIVISION SAID POINT BEING 619.47 FEET EAST OF THE NORTHWEST CORNER
OF SAID LOT 4 FOR A POINT OF BEGINNING; THENCE CONTINUING
NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE TO ITS
INTERSECTION WITH THE NORTH LINE OF LINCOLN STREET; THENCE WEST
ALONG THE NORTH LINE OF LINCOLN STREET TO ITS INTERSECTION WITH THE
EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
ASBURY AVENUE, EXTENDED SOUTH, TO ITS INTERSECTION WITH THE SOUTH
LINE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTH LINE OF LINCOLN
STREET TO THE POINT OF BEGINNING:
ALSO'.
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF
CENTRAL STREET WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE
CHICAGO TRANSIT AUTHORITY; THENCE WEST ALONG THE NORTH LINE OF
CENTRAL STREET TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT
AVENUE; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF
CENTRAL STREET, SAID POINT BEING FURTHER DESCRIBED AS THE
NORTHEAST CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST
HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT
BEING 319.90 FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST
ALONG THE SOUTH LINE OF CENTRAL STREET 608.44 FEET, MORE OR LESS;
THENCE NORTHEASTERLY TO THE POINT OF BEGINNING:
ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 20 IN EVANSTON GOLF
SUBDIVISION WEST IN THE SOUTH PART OF OUILMETTE RESERVATION;
THENCE SOUTH ALONG THE WEST LINE OF LOT 20, EXTENDED SOUTH, 33.0
FEET TO THE CENTERLINE OF ISA13ELLA STREET; THENCE EAST ALONG THE
CENTERLINE OF ISABELLA STREET 214.87 FEET TO ITS INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY,
SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHEASTERLY
ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT WHICH IS 33.0
-11-
FEET SOUTH (AS MEASURED AT RIGHT ANGLES) OF THE LAST DESCRIBED
COURSE (AS MEASURED AT RIGHT ANGLES); THENCE EAST ALONG A LINE
PARALLEL TO THE CENTERLINE OF ISABELLA STREET TO THE WEST LINE OF
GIRARD STREET; THENCE NORTH ALONG THE WEST LINE OF GIRARD STREET,
EXTENDED NORTH, TO THE NORTH LINE OF ISABELLA STREET; THENCE WEST
ALONG THE NORTH LINE OF ISABELLA STREET TO ITS INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY;
THENCE SOUTHEASTERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING:
ALL IN COOK COUNTY, ILLINOIS.
-12-
PREPARED BY:
ENGINEERING DIVISION
JANUARY 30, 1995
CiTY/GOLiF COURSE SUBLEASE
EXHIBIT B
INSURANCE INDEMNITY
The Association shall procure and maintain for the duration of the Sublease, insurance
against claims for injuries to persons or damages to property which may arise from or in
connection with the Association's operation and use of the Demised Premises. The
cost of such insurance shall be borne by the Association. The Association's indemnity
obligation shall not be limited by virtue of its insurance coverage(s).
A. Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. insurance Services Office Commercial General Liability coverage
(ooccurrence") form CG 0001 1185) or Insurance Services Offices form
number Gi_ 0002 (Ed. 1173) covering Comprehensive General Liability and
Insurance Services Office form number GL 0404 covering Broad Form
Comprehensive General Liability, or the most recent revision.
2. Any endorsement which limits contractual liability shall be deleted in its
entirety. Contractual insurance shall be provided.
3. If liquor is to be sold, distributed or provided, Liquor Liability coverage in
accordance with Section 6-21 of the Illinois Liquor Control Act.
4, The City is to be named as an additional insured on a non-contributory
basis on all insurance required by the Sublease.
B. The Association shall maintain limits no less than:
General Liability: $2,000,000 combined single limit per occurrence for
bodily injury, personal injury., and property damage. If Commercial
General L iability I nsurance o r o ther form w ith g eneral a ggregate I imit i s
used, the general coverage shall state that the Association's insurance
shall apply separately to each insured against whom claim is made or suit
is brought, except with respect to the limits of the insurer's liability.
-13-
CITY/GOLF COURSE SUBLEASE
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogation against each of
the Additional Insured for losses arising from the Demised Premises.
3. All Coverages
Each insurance policy required by this Exhibit B shall not be suspended,
voided, cancelled, non -renewed, or reduced in coverage or in limits,
except upon reasonable advance written notice (given to the City and
MWRD at least thirty (30) days in advance) by certified mail, return receipt
requested. Upon receipt of any such notice by the Association, the
Association shall provide same promptly to the City and to the MWRD.
E. Acceotability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A:VII
and licensed to do business in Illinois.
F. Verification of Coverage
The Association shall annually furnish the City, to the attention of the Director of
Parks, Forestry and Recreation, with the certified policy and certified certificates
of insurance and with original endorsements, if applicable, effecting coverage
required by this clause. The certificates and endorsements for each insurance
policy are to be signed by a person authorized by that insurer to bind coverage
on its behalf. The contractual insurance certificate shall contain_ an endorsement
on its face that it includes the indemnity contained in paragraph G, below.
All certificates and endorsements are to be received and approved by the City as
a condition precedent to effectiveness of this sublease extension. The City
reserves the right to demand and receive complete, certified copies of all
required policies at any time.
G. Indemnification
To the extent permitted by law, the Association shall protect, indemnify, hold and
save harmless and defend the City, its volunteers, agents, officers, and
employees, and the MWRD against any and all claims, costs, causes, actions
and expenses, including but not limited to attorneys fees incurred by reason of a
lawsuit or claim for compensation arising in favor of any person, including the
-14-
CITY/GOLF COURSE SUBLEASE
employees, volunteers or officers or independent contractors or subcontractors of
the Association, the Wilmette Park District, the City, or the MWRD, on account of
personal injuries or death, or damages to property occurring, growing out of,
incident to, or resulting directly or indirectly from the granting of this Sublease,
whether such loss, damage, injury, or liability is contributed to by the negligence
of the Wilmette Park District, the MWRD or by the Demised Premises themselves
or attributed or alleged to be attributed to the condition of any equipment thereon
whether latent or patent, or from all other causes whatsoever with the exception
of the City's use of the Demised Premises for actions described in paragraph
4(b) of the sublease,. The Association will notify the City immediately in writing
of any such threatened or asserted claim or liability. In the event of any conflict
between the language of the above insurance policy(ies) and the language of this
indemnity, this indemnity will control.
END OF EXHIBIT B
-15-
EXHIBIT B
PETER N. JANS GOLF COURSE
THAT PART OF SECTIONS 7, 12 AND THE OUILMETTE RESERVATION, IN
TOWNSHIP 41 NORTH AND TOWNSHIP 42 NORTH AND IN RANGE 13 AND
RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND
DESCRIBED AS FOLLOWS_
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE
OF NOYES STREET WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE
CHICAGO AND NORTHWESTERN RAILROAD; THENCE EAST 113.84 FEET, MORE
OR LESS, ALONG THE NORTH LINE OF NOYES STREET TO ITS INTERSECTION
WITH THE WEST LINE OF THE NORTH - SOUTH PUBLIC ALLEY IN BLOCK 4 IN
McCORMICK'S SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13,
AFORESAID; THENCE NORTH ALONG THE WEST LINE OF THE WEST LEG OF
SAID NORTH - SOUTH PUBLIC ALLEY IN SAID BLOCK 4, 156 FEET, MORE OR
LESS, TO ITS INTERSECTION WITH THE NORTH LINE OF THE EAST - WEST
PUBLIC ALLEY IN AFORESAID BLOCK 4 OF MCCORMICK'S SUBDIVISION;
THENCE EAST ALONG THE' NORTH LINE OF SAID EAST- WEST PUBLIC ALLEY
379 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE WEST LINE OF THE
EAST NORTH- SOUTH ALLEY IN BLOCK 4; THENCE NORTH ALONG THE WEST
LINE OF SAID NORTH - SOUTH ALLEY AND ITS EXTENSION NORTH TO A POINT
OF INTERSECTION WITH THE NORTH LINE OF GRANT STREET; THENCE EAST
ALONG THE NORTH LINE OF GRANT STREET TO THE POINT OF INTERSECTION
WITH THE WEST LINE OF WESLEY AVENUE; THENCE NORTH ALONG SAID
WEST LINE OF WESLEY AVENUE TO THE NORTHEAST CORNER OF LOT 23 IN
BLOCK 1 IN EVANSTON PARK ADDITION IN THE EAST HALF OF THE SOUTHEAST'
QUARTER OF SECTION 12 AFORESAID; THENCE EAST ACROSS WESLEY
AVENUE AND ALONG THE NORTH LINE OF LOT 10 IN BLOCK 1 IN AFORESAID
EVANSTON PARK ADDITION TO THE SOUTHWEST CORNER OF LOT 6 IN
AFORESAID EVANSTON PARK ADDITION; THENCE NORTH ALONG THE WEST
LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF LOT 5 IN SAID BLOCK 1
OF AFORESAID EVANSTON PARK ADDITION; THENCE EAST ALONG THE SOUTH
LINE OF SAID LOT 5 TO THE WEST LINE OF ASBURY AVENUE; THENCE NORTH
ALONG THE WEST LINE OF ASBURY AVENUE TO THE NORTHEAST CORNER OF
LOT 4 IN SAID BLOCK 1; THENCE NORTHEASTERLY TO THE NORTHWESTERLY
CORNER OF LOT "B" IN OWNER'S SUBDIVISION IN THE SOUTHWEST QUARTER
OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 .EAST OF THE THIRD
PRINCIPAL MERIDIAN; THENCE NORTHEASTERLY TO A POINT ON THE NORTH
LINE OF LOT 11 WHICH IS 450 FEET EAST OF THE WEST LINE OF SAID SECTION
7; THENCE NORTHEASTERLY TO A POINT ON THE SOUTH LINE OF LOT 3,
ASSESSOR'S DIVISION, 850 FEET EAST OF THE WEST LINE OF SECTION 7;
THENCE NORTHEASTERLY TO A POINT ON INTERSECTION OF THE EASTERLY
LINE OF THE RIGHT-OF-WAY OF THE CHICAGO TRANSIT AUTHORITY AND THE
NORTH LINE OF CENTRAL STREET; THENCE EAST ALONG THE NORTH LINE OF
-1 -
CENTRAL STREET TO THE. WEST LINE. OF GIRARD AVENUE; THENCE NORTH
ALONG THE WEST LINE OF GIRARD AVENUE TO THE NORTH CITY LIMITS OF
THE CITY OF EVANSTON; THENCE WEST ALONG THE CITY LIMITS OF THE CITY
OF EVANSTON TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY
LINE OF THE CHICAGO TRANSIT AUTHORITY; THENCE SOUTHEASTERLY
ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT
AUTHORITY TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT AVENUE;
THENCE SOUTH ALONG THE EAST LINE OF BRYANT AVENUE TO THE NORTH
LINE OF CENTRAL STREET; THENCE SOUTHWESTERLY TO THE NORTHEAST
CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST HALF OF THE
NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT BEING 319.90
FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14
EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHWESTERLY ALONG
THE EASTERLY LINE OF SAID LOT "A" IN SAID J.N. LOTT'S RESUBDIVISION TO A
POINT IN THE SOUTH LINE. OF LOT 3, ASSESSOR'S DIVISION, SAID POINT BEING
160.0 FEET EAST OF THE WEST LINE OF SAID SECTION 7; THENCE WEST
ALONG THE SOUTH LINE OF LOT 3 IN ASSESSOR'S DIVISION 127 FEET TO THE
EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
ASBURY AVENUE TO THE, - NORTH LINE OF LINCOLN STREET; THENCE
CONTINUING SOUTH ALONG THE EAST LINE OF ASBURY AVENUE EXTENDED
SOUTH TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LINCOLN
STREET; THENCE WEST ALONG THE SOUTH LINE OF LINCOLN STREET TO THE
NORTHWEST CORNER OF LOT 1 IN BLOCK 2 OF EVANSTON PARK ADDITION IN
SECTION 12, TOWNSHIP 41 NORTH, RANGE 13; THENCE SOUTH ALONG THE
WEST LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE WEST TO THE NORTHEAST CORNER OF LOT 32 IN BLOCK 2 OF
EVANSTON PARK ADDITION, AFORESAID; THENCE CONTINUING WEST ALONG
THE NORTH LINE OF SAID LOT 32 TO THE NORTHWEST CORNER OF SAID LOT
32; THENCE SOUTH ALONG THE -WEST LINE OF SAID LOT 32 TO THE
NORTHEAST CORNER OF LOT 24 IN BLOCK 2 OF EVANSTON PARK ADDITION,
AFORESAID; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 24 TO THE
EAST LINE OF JACKSON AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
JACKSON AVENUE AND THE EAST LINE OF JACKSON AVENUE EXTENDED
SOUTH TO THE SOUTH LINE OF COLFAX STREET, SAID POINT ALSO BEING THE
NORTHWEST CORNER OF LOT 32 IN BLOCK 1 IN EVANSTON PARK ADDITION,
AFORESAID; THENCE WEST ALONG THE SOUTH LINE OF COLFAX STREET TO
THE NORTHEAST CORNER OF LOT 1 IN THE RESUBDIVISION OF LOTS 1 TO 4 IN
BLOCK "A" IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12;
THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 130 THE SOUTHEAST
CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF LOT 1 AND ALONG THE SOUTHERLY LINE OF LOT 6
IN AFORESAID RESUBDIVISION OF LOTS '1 TO 4 IN BLOCK " A" IN THE EAST
HALF OF THE SOUTHEAST QUARTER OF SECTION 12 TO THE POINT OF
INTERSECTION WITH THE EASTERLY LINE OF POPLAR AVENUE; THENCE
CONTINUING SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE EXTENDED
SOUTHWESTERLY TO THE POINT OF INTERSECTION WITH THE EASTERLY
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RIGHT-DF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD;
THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF
THE CHICAGO AND NORTHWESTERN RAILROAD TO THE POINT OF BEGINNING;
EXCEPTING THEREFROM THOSE PARTS DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE NORTH LINE OF- LOT 11 IN ASSESSOR'S
DIVISION OF FRACTIONAL SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST
OF THE THIRD PRINCIPAL MERIDIAN WHICH IS 450.0 FEET EAST OF THE WEST
LINE . OF SAID SECTION 7; THENCE NORTHEASTERLY TO THE POINT OF
INTERSECTION WITH THE NORTH LINE OF LOT 4 IN AFORESAID ASSESSOR'S
DIVISION SAID POINT BEING 619.47 FEET EAST OF THE NORTHWEST CORNER
OF SAID LOT 4 FOR A POINT OF BEGINNING; THENCE CONTINUING
NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE TO ITS
INTERSECTION WITH THE NORTH LINE OF LINCOLN STREET; THENCE WEST
ALONG THE NORTH LINE OF LINCOLN STREET TO ITS INTERSECTION WITH THE
EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF
ASBURY AVENUE, EXTENDED SOUTH, TO ITS INTERSECTION WITH THE SOUTH
LINE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTH LINE OF LINCOLN
STREET TO THE POINT OF BEGINNING:
ALSO:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF
CENTRAL STREET WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE
CHICAGO TRANSIT AUTHORITY; THENCE WEST ALONG THE NORTH LINE OF
CENTRAL STREET TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT
AVENUE; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF
CENTRAL STREET, SAID POINT BEING FURTHER DESCRIBED AS THE
NORTHEAST CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST
HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT
BEING 319.90 FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41
NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST
ALONG THE SOUTH LINE OF CENTRAL STREET 608.44 FEET, MORE OR LESS;
THENCE NORTHEASTERLY TO THE POINT OF BEGINNING:
ALSO:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 20 IN EVANSTON GOLF
SUBDIVISION WEST IN THE SOUTH PART OF OUILMETTE RESERVATION;
THENCE SOUTH ALONG THE WEST LINE OF LOT 20, EXTENDED SOUTH, 33.0
FEET TO THE CENTERLINE OF ISABELLA STREET; THENCE EAST ALONG THE
CENTERLINE OF ISABELLA STREET 214.87 FEET TO ITS INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY,
SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHEASTERLY
ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT WHICH IS 33.0
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FEET SOUTH (AS MEASURED AT RIGHT ANGLES). OF THE LAST DESCRIBED
COURSE (AS MEASURED AT RIGHT ANGLES); THENCE EAST ALONG A LINE
PARALLEL TO THE CENTERLINE OF ISABELLA STREET TO THE WEST LINE OF
GIRARD STREET; THENCE NORTH ALONG THE WEST LINE OF GIRARD STREET,
EXTENDED NORTH, TO THE NORTH LINE OF ISABELLA STREET; THENCE WEST
ALONG THE NORTH LINE OF ISABELLA STREET TO ITS INTERSECTION WITH
THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY;
THENCE SOUTHEASTERLY ALONG THE. SAID EASTERLY RIGHT-OF-WAY LINE
TO THE POINT OF BEGINNING:
ALL IN COOK COUNTY, ILLINOIS.
PREPARED BY:
ENGINEERING DIVISION
JANUARY 30,1995
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