HomeMy WebLinkAbout090-R-19 Authorizing the City Manager to Enter into a Three Year Lease Agreement for Room G205 at the Lorraine H. Morton Civic Center9/16/2019
90-R-19
A RESOLUTION
Authorizing the City Manager to Enter into a Three Year Lease
Agreement for Room 6205 at the
Lorraine H. Morton Civic Center
WHEREAS, the City of Evanston ("City") owns certain real
property, including the property commonly known as the Lorraine H. Morton
Civic Center at 2100 Ridge Avenue, Evanston, Illinois; and
WHEREAS, the City leases space in the Civic Center to
organizations and groups including North Shore Senior Center, an Illinois not -
for -profit corporation; and
WHEREAS, the City and North Shore Senior Center desire to
enter into lease agreement for a three year term; and
WHEREAS, the City Council finds it to be in the best interest of
the City to lease Civic Center commercial office space to North Shore Senior
Center, and to negotiate and execute a lease agreement with North Shore
Senior 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, a lease for three years for Room G205 by and between
the City and North Shore Senior Center in the Lorraine H. Morton Civic Center.
90-R-19
The lease shall be for the following period: October 1, 2019 through September
30, 2022. The lease shall be in substantial conformity with the lease marked as
Exhibit 1, 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 90-R-19 shall be in full force and effect
from and after its passage and approval in the manner provided by law.
i
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Stephen . Hage y, y J
Attest:
Derj C,.'�j C1e4
Adopted: 5,f�b t C , 2019
Approved Qas to form:
Michelle L. Masoncup, Corpora�on
Counsel
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90-R-19
EXHIBIT 1
LEASE AGREEMENT
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LEASE AGREEMENT
THIS LEASE ("Lease") is by and between CITY OF EVANSTON, an Illinois
municipal corporation and a home rule unit of the State of Illinois (the "Landlord") and NORTH
SHORE SENIOR CENTER, a not -for -profit corporation incorporated in the State of Illinois
(the "Tenant") for a certain commercial office space located on the ground floor of the Civic
Center, 2100 Ridge Avenue, Evanston, Illinois 60201.
In consideration of the rents, covenants and conditions hereafter set forth, the Landlord
and Tenant hereby agree as follows:
1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere
defined in this Lease, the following words and phrases, whenever used in this Lease, shall have
the meanings set forth in this Section 1.
(a) Date of Lease: October 1, 2019
(b) Landlord: The City of Evanston
2100 Ridge Avenue
Evanston, Illinois 60201
(c) Tenant: North Shore Senior Center
(d) Premises: Suite G205
2100 Ridge Avenue
Evanston, Illinois 60201
(e) Possession Date: October 1, 2019
(f) Lease Term: 36 months (ending September 30, 2022)
(g) Base Rent: $563/per month ($6,752 total for the Term) t/
(h) Renewal: By petition to the City Council
(i) Delivery of Premises: Landlord will deliver the Premises to Tenant no later than
the Possession Date in "broom -clean" state with all
building systems functional and in good condition and
repair, except as provided herein.
(j) Real Estate Taxes Landlord will be responsible for the payment of the real
and Operating estate taxes and the costs of owning, operating,
Expenses: maintaining, and repairing the Building and Premises. The
Landlord will not be responsible for maintaining or
repairing Tenant improvements, fixtures and personal
property within the Premises.
(k) Utilities: Landlord will provide Tenant with two (2) telephone lines
at $30 per line per month, for a total of $60 per month.
Landlord will be responsible for the payment of ALL
remaining utilities, including internet access (I static IP
level), electricity, gas and water and other related expenses.
If applicable, the Tenant shall be responsible for any and all
cell phone charges and television charges for use at the
Premises. The Tenant is permitted to use the Landlord's
copy machine and will reimburse the Landlord for said use
per month at the rate of $.10/per page.
(1) Permitted Use: Operation of an office space devoted to providing services
to the older adult community.
(m) Security Deposit: No Deposit Required
(n) Hazard Insurance: Landlord to procure fire and hazard insurance on the
Premises.
(o) Tenant Insurance: Tenant to carry commercial liability insurance and insure
all equipment, and personal property, limits defined in
Paragraph 7.
(p) Signage: Tenant may install its signage at its own expense, to be
approved by Landlord and such approval not to be
reasonably withheld.
(q) Improvements: The Parties agree and acknowledge that any and all work
necessary to move Tenant into Premise shall be at the sole
cost and expense of Tenant. The Landlord will provide one
desk for use by the Tenant. No other office furniture or
other items will be provided for use by the Tenant.
2. PREMISES. Landlord does hereby lease and rent to Tenant, and Tenant does hereby
lease, take and rent from Landlord the Premises. The Landlord will cause the halls, corridors,
and other parts of the building adjacent to the Premises to be lighted, cleaned and generally cared
for, accidents and unavoidable delays excepted. Landlord will provide heat and air-conditioning
for the Premises when required by outside temperature. Tenant shall comply with such rules and
regulations of the City of Evanston Civic Center for the necessary, proper, and orderly care of
the building in which the Premises are located. No modifications, alterations, additions,
installations, or renovations, except decorating, shall be undertaken by the Tenant without first
obtaining the written permission from the Landlord for items costing more than $2,500.00, such
approval not to be unreasonably withheld. The cost of all alterations and additions, if applicable,
shall be borne by the Tenant and shall remain for the benefit of Landlord. The Tenant is granted
access to the Premises Monday — Friday from 9 a.m. to 10 p.m., Saturday from 8 a.m. to 5 p.m.,
and no access on Sunday. The Tenant shall have use of the adjacent parking, common areas,
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loading dock access, within reason, and use of the bathroom facilities.
3. PERMITTED USE. The sole permitted use that Tenant shall use the Premises shall be
for general office use and support services of the Tenant (the "Permitted Use"). Tenant shall not
use the Premises for any other purpose except the Permitted Use without the prior written
approval of Landlord. All applicable laws, ordinances, and City policies shall be observed by the
Parties in and around the Premises. The City of Evanston Municipal Code provisions are herein
incorporated by reference and made a part of this Lease.
4. TERM. The term of this Lease (the `Term") shall be for a period of three (3) years
commencing on October 1, 2019 (the "Possession Date") and ending on September 30, 2022 (the
"Expiration Date"). After the Lease is terminated, the Tenant shall leave the Premises in broom
clean condition and shall turn over any and all keys to the City Manager or his or her designee.
Subject to Section 8 herein, and excluding damage by fire or other casualty and action of
Landlord, Tenant shall pay for any and all damage to the interior of the Premises beyond normal
wear and tear and shall do so within thirty (30) days of invoicing by the City. If the Tenant
desires to renew the Lease for another term, the Tenant shall give Landlord sixty days written
notice of said intention to elect to exercise said option to renew. Lease renewal is subject to
approval by the City Council.
5. RENT. Tenant agrees to pay Landlord as rent for the Premises, the monthly Base Rent
plus the phone charges outlined above, for a total monthly Rent of $623, due under the terms of
this Lease on the Vt day of each month. The first payment due under this Lease Agreement is
due and payable on or before October 1, 2019. Payments shall be made payable to: City of
Evanston and mailed to: City of Evanston, Attn: Finance Division, 2100 Ridge Avenue,
Evanston, I L 60201.
6. NO LIENS. Tenant shall not permit to be created nor to remain undischarged any lien,
encumbrance or charge to become, a lien or encumbrance or charge upon the Premises by any of
Tenant's creditors or resulting from leasehold improvements. If any lien or notice of lien on
account of an alleged debt of Tenant or any notice of contract by a party engaged by Tenant or
Tenant's contractor to work in the Premises shall be filed against the Premises, Tenant shall,
within sixty (60) days after notice of the filing thereof, cause the same to be discharged of record
by payment, deposit or bond or obtain title insurance over the same. If Tenant shall fail to cause
such lien or notice of lien to be discharged by either paying the amounts claimed to be due or by
procuring the discharge of such lien by deposit or by bonding proceedings or obtain title
insurance over the same, Landlord shall be entitled, if Landlord so elects, to defend any
prosecution of an action for foreclosure of such lien and any money reasonably paid by Landlord
and all reasonable costs and expenses, including attorneys' fees, reasonably incurred by Landlord
in connection therewith, together with interest thereon and shall be paid by Tenant to Landlord
within thirty (30) days following Tenant's receipt of Landlord's written demand. In the event
Tenant diligently contests any such claim of lien, Tenant agrees to indemnify, defend, and hold
harmless Landlord from any and all reasonable out of pocket costs, liability and damages,
including attorneys' fees resulting therefrom, and, if requested, upon demand, Tenant agrees to
immediately deposit with Landlord cash or surety bond in form and with a company reasonably
satisfactory to Landlord in an amount equal to the amount of such contested claim.
7. TENANT INSURANCE OBLIGATIONS. Tenant shall, at the time of signing the
Lease and during the entire term hereof, keep in full force and effect a Comprehensive General
Liability policy in the amount of Five Hundred Thousand and no/100 Dollars ($500,000.00) with
respect to the Premises, with provisions reasonably acceptable to Landlord, and the activities of
Tenant in the Premises. The Tenant shall furnish copies of a Certificate of Insurance with the
Landlord named as an additional insured with an insurance company acceptable to the Landlord.
The Tenant shall furnish, when requested, a certified copy of the policy to the Landlord. An
insurance company having less than an "A" Policyholder's Rating by the Alfred M. Best
Company will not be considered acceptable.
8. PERSONAL PROPERTY AND WAIVER OF SUBROGATION. Tenant shall be
responsible for insuring all or its own personal property and equipment of Tenant, and equipment
located on the Premises. Notwithstanding anything to the contrary contained herein, the
Landlord and Tenant shall not be liable to the other for any loss or damage caused by water
damage or any of the risks that are or could be covered by a standard all risk hazard insurance
policy with an extended coverage endorsement, or for any business interruption, and there shall
be no subrogated claim by one party's insurance carrier against the other party's carrier arising
out of any such loss.
9. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall
perform all the covenants and agreements on Tenant's part to be performed, Tenant shall at all
times during the Term have the quiet enjoyment and possession of the Premises.
10. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights
identified above, Landlord reserves the following rights:
(a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re -
occupancy if Tenant should permanently vacate the Premises during or prior to the last
sixty (60) days of the Term or any part thereof;
(b) to retain keys to the Premises;
(c) to take any and all measures, including, without limitation, inspections, repairs,
and alterations to all or any part of the Premises, as may be necessary or desirable for the
safety, protection or preservation of the Premises or Landlord's Interests or as may be
necessary or desirable in the operation of the commercial portions of the Premises; and
Landlord may enter upon the Premises with reasonable notice to tenant and may exercise any or
all of the foregoing rights hereby reserved without being deemed guilty of an eviction or
disturbance of Tenant's use or possession and without being liable in any manner to Tenant.
Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord
determines in its reasonable discretion that such interference is necessary.
11. DEFAULT REMEDIES.
(a) Any one of the following events shall be deemed to be an event of default
hereunder by Tenant subject to Tenant's right to cure:
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(1) Tenant shall fail to pay rent within ten (10) days, at the time and place
when and where due;
(2) Tenant shall fail to maintain the insurance coverage as set forth herein;
(3) Tenant shall fail to comply with any term, provision, condition or
covenant of this Lease or Service Agreement, other than the payment of Rent, and
shall not cure, or commence the good faith cure of any such failure, within thirty
(30) days after written notice to the Tenant of such failure, provided that if such
cure cannot be effected within 30 days, Tenant shall not be in default hereunder
so long as Tenant commences such cure or has requested bids for such cure within
45 days and diligently pursues the completion and in good faith and Tenant does
subsequently cure said default within 60 days; and
(4) Tenant shall make a general assignment for the benefit of creditors, or
shall admit in writing its inability to pay its debts as they become due or shall file
a petition in bankruptcy, or shall be adjudicated as bankrupt or insolvent, or shall
file a petition in any proceeding seeking any reorganization, arrangement,
composition, readjustment, liquidation, dissolution or similar relief under any
present or future statute, law or regulation, or shall file an answer admitting, or
fail timely to contest, the material allegations of a petition filed against it in any
such proceeding, or shall seek or consent to or acquiesce in the appointment of
any trustee, receiver or liquidator of Tenant or any material part of it's properties.
(b) Upon the occurrence of any event of default, Landlord shall have the option to
pursue any one or more of the following remedies subject to the laws of the State of
Illinois and the Tenants right to cure:
(1) Terminate this Lease, in which event Tenant shall immediately surrender
the Premises to Landlord, but if Tenant fails to do so, Landlord may, without
further notice and without prejudice to any other remedy Landlord may have for
possession or arrearages in Rent or damages for breach of contract, enter upon the
Premises and expel or remove Tenant and its effects, by force, if necessary,
without being liable to prosecution or any claim for damage herefore; and Tenant
agrees to Indemnify Landlord for all loss and damage which Landlord may suffer
by reason of such lease termination, whether through inability to re -let the
Premises, or through decrease in Rent, or otherwise. In the event of such
termination, Landlord may, at its option, declare the entire amount of the Rent
which would become due and payable during the remainder of the Term to be due
and payable immediately, in which event Tenant agrees to pay the same at once,
together with all Rent theretofore due, provided, however, that such payments
shall not constitute a penalty or forfeiture or liquidated damages, but shall merely
constitute payment in advance of the Rent for the remainder of the Term.
(2) Landlord may recover from Tenant upon demand all of Landlord's costs,
charges and expenses, including the fees and costs of counsel, agents and others
retained by Landlord which have been incurred by Landlord in enforcing Tenant's
obligations hereunder, subject to Landlord prevailing on its claims.
(c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other
remedy herein provided or available to Landlord at law or in equity, or constitute a
forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord.
12. INDEMNITY. Tenant agrees that the mayor, department and divisions officials,
officers, agents, attorneys, and employees of the Landlord shall not be liable for any claim of any
kind or in any amount for any injury to or death or persons or damage to property of Tenant or
any other person. Tenant shall indemnify and hold Landlord 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 Tenant's negligence, gross negligence, or acts of intentional misconduct. In the
event that Tenant is named as a defendant in any legal proceeding arising from any acts of gross
negligence or intentionally wrongful acts of Landlord for any injury or any claimed damage
occurring at the Premises, then Landlord shall indemnify and hold Tenant 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 provided that a) Landlord is named as a defendant in the legal proceeding; b)
the claim arises from acts of gross negligence or intentional misconduct by the Landlord; c) not
the Tenant's own gross negligence or intentional misconduct; and d) the claim is unrelated to
Tenant's use and occupancy of the Premises, subject to Section 8 herein.
13. LIABILITY FOR ACTS OR NEGLECT. Subject to Section 8 hereof, and excluding
damage by fire or casualty, if any damage to the Premises, or any part thereof, results from any.
act or neglect of Tenant or its invitees or other guests, agents, customers, invitees or other guests
of it's customers, or employees, independent contractors, or the like, Tenant shall immediately
repair the same; provided, however, that Landlord may, at its option, repair such damage and
Tenant shall, upon demand by the Landlord, reimburse the Landlord forthwith for the total cost
of such repairs. All personal property belonging to Tenant shall be at the sole risk of the Tenant
and such other person only and the Landlord shall not be liable for damage, theft or
misappropriation thereof.
14. DESTRUCTION OR DAMAGE. In the event of destruction of or damage to, the
Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly
rebuild and restore the Premises to their condition immediately prior to such destruction or
damage. Landlord shall rebuild and restore the Premises to the condition of the Premises that
existed on the Possession Date. In the event that the proceeds have been applied to indebtedness
secured by any mortgage on the Premises, or are otherwise unavailable or the proceeds of
insurance are not sufficient to pay for the cost of rebuilding or restoration, and Landlord elects
not to make an equivalent amount of funds available to rebuild and restore the Premises, then
Landlord or Tenant may terminate this Lease and the Parties rights hereunder and the Parties
shall be released of its obligations and this Lease shall cease and terminate as of the date the
other Party receives written notice of such election, and neither party hereto shall have any
further obligation to the other.
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15. CONDEMNATION.
(a) If the whole or any part of the demised Premises shall be taken by any public
authority under the power of eminent domain, the Lease term shall cease as of the day of
possession shall be taken by such authority if such is of the entire demised Premises and
any rents shall be prorated as of said date. If the entire premises are not taken, but such
taking is more than 20% of the Premises the Tenant shall have the option to terminate this
lease. If the taking is less then 20% and such taking would cost the Tenant monies to
reconfigure/ restructure the Premises or make it not practical to continue said business,
tenant shall have the option to terminate the lease upon 30 days written notice to
Landlord.
(b) All compensation awarded for any taking under the power of eminent domain,
whether in whole or in part of the demised premises shall be the property of the landlord,
however, the landlord shall not be entitled to any award made expressly to the tenant for
the taking of the tenant's business value, furniture, fixtures or leasehold improvements
(exclusive of the Landlord's contributions).
16. ATTORNEYS' FEES AND EXPENSES. If at any time during the Term of this Lease
either Landlord or Tenant shall institute any action or proceeding against the other relating to the
provisions of this Lease, or any default hereunder, each party shall pay its own attorneys fees and
costs.
17. ENTIRE AGREEMENT. This Lease contains the entire agreement of the parties with
respect to the Premises and no representations or agreements, oral or otherwise, between the
parties not embodied herein shall be of any force or effect. No failure of Landlord to exercise
any power given Landlord hereunder or to insist upon strict compliance by Tenant of any
obligation hereunder, and no custom or practice at variance with the terms hereof, shall
constitute a waiver of Landlord's right to demand strict compliance with the terms hereof.
18. TIME. Time is of the essence of this Lease, and of each term, condition and provision
hereof.
19. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise,
Tenant shall surrender the Premises (and all keys thereto) in the same condition as at
commencement of the Term, excepting only reasonable wear and tear and loss by insured
casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up
immediate and peaceable possession to Landlord, and if failing to do so, in connection with the
expiration of the Term or any termination hereof by the Parties, the Tenant shall pay the sum of
fifty and no/100 Dollars ($50.00) per day, for the time such possession is withheld. The
Landlord or its legal representative at any time after the expiration of the Term, without notice,
to re-enter the Premises, and to expel, remove and put the "Tenant or any person(s) occupying the
said Premises, using such force as may be necessary, and to repossess and enjoy the Premises
7
again as before this Lease, without prejudice to any remedies which might otherwise be used for
arrears of rent or breach of covenants; or in cases the said Premises shall be abandoned, deserted,
or vacated and remain unoccupied fifteen days consecutively, the Tenant hereby authorizes and
requests the Landlord to re-enter the Premises and remove all property found therein, regardless
of ownership, place them in some regular storage warehouse or other suitable storage, at
Tenant's expense, for no more than forty-five days, and to proceed to re -rent the Premises at the
Landlord's option and discretion and apply all money so received after paying the expenses of
removal toward the rent accruing under this Lease. This request shall not be construed as
requiring compliance therewith on the part of the Landlord. If the Tenant shall fail to pay the
rent at the times, place and in the manner above provided, and the same shall remain unpaid ten
(10) business days after the day whereon the same should be paid, the Landlord by reason
thereof shall be authorized to declare the term ended and the Tenant hereby agrees that the
Landlord, its agents or assigns may begin suit for possession and/or rent. In the event of re-entry
and removal of the articles found on the Premises and personally owned by Tenant or others, the
Tenant hereby authorizes and requests the Landlord to sell the same at public or private sale
within fifteen (15) days after storage time period provided above. The proceeds of said sale shall
be applied to the expenses of storage, removal, sale expenses and back due rent.
20. ASSIGNMENT AND SUBLETTING. This Lease shall bind and inure to the benefit of
each of the parties, their respective heirs, successors, and assigns; provided however, that Tenant
shall not assign its interest under this lease or sublet all or any portion of the Premises without
first obtaining Landlord's prior written consent in writing, which consent will not be
unreasonably withheld. No assignment or sublease shall relieve Tenant of its obligation to pay
rent or perform other obligations required by this lease unless Landlord agrees in writing at the
time the assignment is made, and no consent to one assignment or subletting shall be consent to
any further assignment or subletting. Notwithstanding the foregoing, Tenant shall have the right
to assign this Lease or sublet the Premises to any parent, subsidiary, or affiliate of Tenant,
including any successor to Tenant by merger.
21. SEVERABILITY. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstance shall be determined to be invalid or unenforceable to any
extent, neither the remainder of this Lease nor the application of such term, covenant or
condition to any other person or circumstance shall be affected thereby, and each term, covenant
or condition of this Lease shall be valid and enforceable to the fullest extent permitted by law.
22. TENANT SIGNAGE. Tenant agrees that any signage installed on the Premises will
comply in all respects with applicable governmental requirements and Tenant will obtain and
pay the cost of any required sign permits. Any and all signage, bulletins, posters must be
reviewed and approved by the Landlord, prior to Tenant posting the same.
23. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and
enforced in accordance with the laws of the State of Illinois. All disputes relating to the
interpretation and enforcement of the provisions of this Lease shall be resolved exclusively by
the federal or state court located in Cook County, Illinois, and the parties hereto hereby submit to
the jurisdiction and venue of the court for such purpose.
24. NOTICES. Notices sent to the Landlord, should be mailed to the address set forth in
Paragraph 1(b) of this Lease and notice to the Tenant should be mailed to the address set forth in
Paragraph 1(c) of this Lease. A mailed notice must be sent via certified mail, return receipt
requested and effective three (3) business days after deposit in the U.S. Mail. Notice given by
overnight courier is effective upon delivery.
25. REPRESENTATIONS OF LANDLORD.
(a) Landlord is the owner of the Premises and no
Premises; and (b) to the Landlord's knowledge, 1
Permitted Use under applicable laws.
Landlord hereby represents to Tenant that:
mortgage or similar instrument affects the
►e Premises may lawfully be used for the
[SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to
be fully executed as of the later date indicated below by the duly authorized officer or manager
of each of the respective parties.
Landlord
City of Evanston, a home rule unit of local
government located in Cook County, Illinois
By:
Name:
Tenant
North Shore Senior -center, an Illinois not -for -profit
corporatio r
By: i I
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