Loading...
HomeMy WebLinkAboutRESOLUTIONS-1993-093-R-93I- • 1 09-08-93 93-R-93 A RESOLUTION Authorizing the City Manager to Enter Into a Lease for 943-949 Chicago Avenue, Evanston WHEREAS, the City of Evanston has maintained a branch of the public library at 943-949 Chicago Avenue, Evanston; and WHEREAS, the continued presence of a branch of the Evanston Public Library at 943-949 Chicago Avenue, Evanston is in the best interest of the citizens of the City of Evanston. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk hereby authorized and directed to attest on behalf of the City of Evanston a lease by and between the City of Evanston as Lessee and R. A. Salem as Lessor, for 943-949 Chicago Avenue, Evanston. Such lease shall be in substantial conformity with the lease marked as Exhibit A attached hereto and incorporated herein.by reference. SECTION 2: The City Manager is hereby authorized and directed to negotiate any additional terms or conditions as may be in the best interests of the City. SECTION 3: This resolution shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. TTES f / City Clerk Adopted: /" ti \ Mayor 1✓ , 1993 93-R- C. • I STORE LEASE Term of Lease Date of Lease Beginning Ending Monthly Rent 7-23-93 5-1-93 4-30-94 $2,550.00 5-1-94 4-30-95 $2,650.00 Location of Premises: 943-949 Chicago Avenue, Evanston, IL 60202 Purpose: Public Library LESSEE Name Evanston Public Library Address 1703 Orrington Avenue City Evanston, IL 60201 LESSOR Name R. A. Salem Address P. O. Box 173 City Evanston, IL 60204 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appurtenances thereto, for the above Term. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. WATER 2. Lessee will pay, in addition to the rent above specified, electric GAS AND light and power bills taxed, levied or charged on the Premises, for ELECTRIC CHARGES and during the time for which this lease is granted, and in case said bills for electric light and power shall not be paid when due, Lessor shall have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, are declared to be so much additional rent and payable with the installment of rent next due thereafter. SUBLETTING; 3. The Premises shall not be sublet in whole or in part to any person ASSIGNMENT other than Lessee, and Lessee shall not assign this lease without, in each case, the consent in writing of Lessor first had and obtained; nor permit to take place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor offer for lease or sublease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or any other similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner whatsoever without, in each case, the consent in writing of Lessor first had and obtained. If Lessee shall cease the Public Library use, any subsequent use by Lessee of the Premises shall be compatible with surrounding uses. Any written consent sought by Lessee pursuant to this paragraph shall not be unreasonably withheld by Lessor. Upon assignment or sublease of this Lease, and assumption of the obligations hereunder by assignee or sublessee, Lessee may request, a release from its obligations under this Lease, such consent not to be unreasonably withheld by Lessor. LESSEE NOT 4. Lessee will not permit any unlawful or immoral practice, with or TO MISUSE without his knowledge or consent, to be committed or carried on in the Premises by himself or by any other person. Lessee will not allow the Premises to be used for any purpose that 'ill increase ' the rate of insurance thereon, nor for any purpose other than that hereinbefore specified, unless otherwise agreed to by the parties. Lessee will not keep or use or permit to be kept or used in or on the premises or any place contiguous thereto any flammable fluids or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floors beyond the floor load rating prescribed by applicable municipal ordinances. Lessee will not use or allow the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of the building of which they are a part. CONDITION 5. Lessee has examined and knows the condition of the Premises and has ON received the same in good order and repair, and acknowledges that POSSESSION no representations as to the condition and repair thereof, and no agreements or promises to decorate, alter, repair or improve the Premises, have been made by Lessor or his agent prior to or at the execution of this lease that are not herein expressed. REPAIRS AND 6. Lessee shall keep the Premises and appurtenances thereto in a clean, MAINTE- sightly and healthy condition, and in good repair, all according to NANCE the statutes and ordinances in such cases made and provided, and the directions of public officers thereunto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this lease, whether such termination shall occur by expiration of the term, or in any other manner whatsoever, in the same condition of cleanliness, repair and sightliness as at the date of the execution hereof, loss by fire and reasonable wear and tear excepted. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globes, glass and fixtures with materials of the same size and quality as that brok and shall insure all glass in windows and doors of the Premises a his own expense. If, however, the Premises shall not thus be kept in good repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may enter the same, himself or by his agents, servants or employees, without such entering causing or constituting a termination of this lease or an interference with the possession of the Premises by Lessee, and Lessor may replace the same in the same condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor in thus replacing the Premises in that condition. Lessee shall not cause or permit any waste, misuse or neglect of the water, or of the water, gas or electric fixtures. 0 CCg$S TO REMISES 7. Lessee will allow Lessor or any person authorized by Lessor free . access to the Premises for the purpose of examining or exhibiting the same, or to make any repairs or alterations thereof which Lessor may see fit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent", and Lessee will not interfere with the same. NON- 8. Except as provided by Illinois statute, Lessor shall not be liable LIABILITY to Lessee for any damage or injury to him or his property occasioned OF LESSOR by the failure of Lessor to keep the Premises in repair, and shall not be liable for any injury done or occasioned by wind or by or from any defect of plumbing, electric wiring or of insulation thereof, gas pipes, water pipes or steam pipes, or from broken stairs, porches, railings, or walks, or from the backing up of any sewer pipe or down -spout, or from the bursting, leaking or running of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank in, upon or about the Premises or the building, of which they are a part nor from the escape of steam or hot water from any radiator, it being agreed that said radiators are under the control of Lessee, or for any such damage or injury occasioned by water, snow or ice being upon or coming through the roof, skylight, trap-door, stairs, walks or any other place upon or near the Premises, or otherwise, nor for any such damage or injury done or occasioned by the falling of any fixture, plaster, or stucco, nor for any damage or injury arising from any act, omission or negligence of co -tenants or of other persons, occupants of the same building or of adjoining or contiguous buildings or of owners of adjacent or contiguous property, or of Lessor's agents or Lessor himself, all claims for any such damage or injury being hereby expressly waived by lessee. RESTRIC- 9. Lessee shall not attach, affix or exhibit or permit to be attached, TIONS (SIGNS, affixed or exhibited, except by Lessor or his agent, any articles of ALTERATIONS, permanent character or any sign, attached or detached, with any FIXTURES) writing or printing thereon, to any window, floor, ceiling, door or wall in any place in or about the Premises, or upon any of the appurtenances thereto, without in each case the written consent of Lessor first had and obtained; and shall not commit or suffer any waste in or about said Premises; and shall make no changes or alterations in the Premises by the erection of partitions or the papering of walls, or otherwise, without the consent in writing of Lessor; and in case Lessee shall affix additional locks or bolts on doors or window, or shall place in the Premises lighting fixtures or any fixtures of any kind, without the consent of Lessor first had and obtained, such locks, bolts and fixtures shall remain for the benefit of Lessor, and without expense of removal or maintenance to Lessor. Lessor shall have the privilege of retaining the same if he desires. If he does not desire to retain the same, he may remove and store the same, and lessee agrees to pay the expense of removal and storage thereof. The provisions of this paragraph shall not however apply to Lessee's trade fixtures, equipment and moveable furniture. CLIMATE 10. Landlord shall provide heated air in season, to maintain a year - CONTROL round temperature no less than 68 degrees Fahrenheit from 9 A.M. to 6 P.M. Tuesday, Wednesday and Friday, and from 9 A.M. to 6 P.M. Thursday, and from 9 A.M. to 5 P.M. Saturday, with the exception of New Year's Day, Easter Sunday, Memorial Day, July Fourth, Labor Day, Thanksgiving Day and Christmas Day. 3 FIRE AND 11. In case the Premises shall be rendered untenantable by fire, CASUALTY explosion or other casualty, Lessor may, at his option, terminate this lease or repair the Premises within sixty days.. If Lessor " does not repair the Premises within said time, or the building, containing the Premises shall have been wholly destroyed, the term hereby created shall cease and determine. TERMINA- 12. At the termination of this term of this lease, by lapse of time or TION: otherwise, Lessee will yield up immediate possession of the premises HOLDING to Lessor, in good condition and repair, loss by fire and ordinary OVER wear excepted, and will return the keys therefor to Lessor at the place of payment of rent. If Lessee retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Lessor may at its option, within thirty days after termination of the term, serve written notice upon Lessee that such holding -over constitutes creation of a tenancy at sufferance, at a rental of $150 per day for the time lessee remains in possession. QUIET 13. Landlord represents that it has full power and authority to enter ENJOYMENT into this Lease. So long as Tenant is not in default in the per- formance of its covenants and agreements in this Lease, Tenant's quiet and peaceable enjoyment of the Premises shall not be disturbed or interfered with by Landlord or by any person claiming by, through, or under Landlord. TENANT'S 14. a) Landlord shall be in default for failure to observe any of these RIGHTS covenants, conditions, agreements, and warranties, herein to be AND kept, observed, performed, and/or made by Landlord, when such de - REMEDIES fault shall continue for ten (10) days after written notice thereof from Tenant to Landlord. b) Landlord is obligated to commence, within ten (10) days from notice from Tenant thereof, the cure of those defaults which can be cured. c) I£ Lessor fails to provide the services in paragraph 3, "Climate Control", Lessee may provide ll same and deduct the associated costs and expenses from rent. Lessee shall not be deemed to be in default of this Lease, if it exercises this right of offset. d) If a default occurs, Tenant shall have the following rights and remedies, which shall be distinct, separate and cumulative, which may be exercised by Tenant currently or consecutively in any combination and which shall not operate to exclude to_deprive Tenant of any other right or remedy allowed it hereunder by law: 1) Tenant may terminate this Lease by giving to Landlord notice of Tenant's intention so to do, in which event the Term shall end, and the right, title and interest of Tenant hereunder shall expire, as well as all obligations of Tenant hereunder, on the date stated in such notice; 2) Tenant may enforce the provisions of this Lease and may enforce and protect the rights of Tenant hereunder by a suit or suits in equity or at law for the specific performance of any covenant, agreement or warranty contained herein, or the enforcement of any other appropriate legal or equitable remedy. LANDLORD'S 15. Tenant shall be in default if: a) Tenant shall abandon the Premises RIGHTS AND or vacate the same during the Term hereof; or b) Tenant shall de- REM9DIES fault in any payments of Rent required to be made by Tenant here- under when due as herein provided and such default shall continue for ten (10) days after notice thereof in writing to Tenant; or c) Tenant shall default in securing insurance or in providing evidence of insurance provided for in this Lease and such default shall continue for thirty (30) days after notice thereof in writing to Tenant; or c) Tenant shall default in any of the other covenants and agreements herein contained to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant; or e)l) Tenant shall repeatedly be late in the payment of Rent required to be paid hereunder or shall repeatedly default in the keeping, observing, or performing of any other covenants or agreements herein contained to be kept, observed or performed by Tenant (provided written notice of such repeated late payments and other default shall have been given to Tenant). For purposes of this paragraph, an event is "repeated" if it occurs three or more times. e)2) Landlord may, but shall not be obligated to, cure any default by Tenant, specifically including, but not by limitation, Tenant's failure to obtain insurance or make repairs, after written notice to Tenant of such default(s), and an appropriate opportunity to cure having been given to Tenant. Tenant shall reimburse Landlord for any cure(s) made by Landlord pursuant to this paragraph. RIGHT TO 16. If Lessee's right to the possession of the Premises shall be termi- RELET nated in any way, the Premises, or any part thereof, may, but need not (except as provided by Illinois statute) be relet by Lessor, for the account and benefit of Lessee, for such rent and upon such terms and to such person or persons and for such period or periods as may seem fit to the Lessor. Lessor shall not unreasonably refuse to accept or receive any tenant offered by Lessee. If a sufficient sum shall not be received from such reletting to satisfy the rent hereby reserved, after paying the expenses of reletting, including commissions to agents, and including also expenses of redecorating, Lessee agrees to pay and satisfy all deficiency. REMEDIES 17. The obligation of Lessee to pay the rent reserved hereby during the NOT balance of the term hereof, or during any extension hereof, shall EXCLUSIVE not be deemed to be waived, released or terminated. Other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein named, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Lessee's right to possession of the Premises. The Lessor may collect and receive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any manner whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. NOTICES 18. Notices may be served on either party, at the respective addresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written copy thereof, or (b) by sending a written copy thereof by United States certified or registered mail, postage prepaid, addressed to Lessor or Lessee at said respective addresses, in which event the notice shall be deemed to have been served at the time the copy is mailed. F1 MISCELLA- 19. (a) Provisions typed on this lease and all riders attached to this NEOUS lease and signed by Lessor and Lessee are hereby made a part of this lease. (b) Lessee shall keep and observe such reasonable, rules and regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care of the building of which the Premises are a part. (c) All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their respective heirs, legal representatives, successors and assigns. (d) The rights and remedies hereby created are cumulative and the ` use of one remedy shall not be taken to exclude or waive the right to the use of another. e) The words "Lessor" and "Lessee" wherever used in this lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor or Lessee, and to apply to individuals, male or female, or to firms or corporations, as the same may be described as Lessor or Lessee herein, and the necessary grammatical changes shall be assumed in each case as though fully expressed, and shall authorize the performance of every other act in the name of and on behalf of any one or more of such Lessees. f) If either party believes the other is violating any terms of the lease, they shall promptly bring the matter to the attention of the other and try to resolve their differences through negotiation. If that fails, they should attempt to resolve the matter through mediation, where appropriate. SEVER- 20 ABILITY CODE 21. Lessor, at its sole cost, will keep all portions of the COMPLIANCE leased premises to which it retains control in compliance with all applicable codes. WITNESS the hands and seals of the parties hereto, as of the Date of Lease stated above. Richard A. Salem Date Evanston Public Library Date City of Evanston file: word\leasesb.doc If any clause, phrase, provision or portion of this lease or the application thereof to any person or circumstance shall be invalid, or unenforceable under applicable law, such event shall not affect, impair or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. 9 E: