HomeMy WebLinkAboutRESOLUTIONS-1998-037-R-98• 6/17/98
3 7-R-98
A RESOLUTION
Authorizing the City Manager to
Sign a Lease for a Police Outpost
at 633 Howard Street
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 Russell E. Ruth as Lessor for the
premises at 633 Howard Street for use as a police outpost for a term of two (2) years at a rental
of $1,650 per month. Said Lease is marked as Exhibit A attached hereto and incorporated
herein by reference.
SECTION 2: That the City Manager is hereby authorized and directed to
negotiate any additional conditions of the lease as may be determined to be in the best
interests of the City.
SECTION 3: That this Resolution shall be in full force and effect from and after
the date of its passage and approval in the manner required by law.
Mayor P10 tl�M
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3 7-R-98
ATTEST:
Adopted: 21 , 1998
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A 880—L... , a IYfiR.1. P,—it...
EXHIBITA_ JULIUS BLUMBERG, INc.. LAw BLANK PUBLISHERS
Tb[g lene, dated the day of
Between
I�41I t�EL4,%w0cj> N.VE-• hereinafter referred to as the Landlord, fill[
Parties lt,i•1t;e-[TG �� 6voq `
G ITT of EVA��'t°^1 I eVAJ`,-rbA �OLLC� hereinafter referred it) as the '1'eitant,
WITNf:SSM 1: That the Lailllord hereby denfises and Teas s unto the Tenant, and the Tenant hereby
hires and takes front the Landlord for the terse and upon file rentals hereinafter specified, the premises
described as follows, situated in the G1-t( of Sjs+JS-r0.3
County of Cpp�4, and Slate of IL-LI'Am-,
Premises ���5—rON t 1L. tO020 �i
Term The terin of this demise shall he for Z.+ k0tor1Ta5 �u Z000
lie ginniIIg JIIL'` 1 19"tS and pudinK Pie-3U Yf
The rent far the denlisel Ie_rwuspI be
Rent FiT16ufL t101. wllr� ,6Iz RWAf�tw&Pq� S`}"i (ODD .Op ), which shall accrue at the yearly rate of
34 eco. oo Uure-t.uc-t (, fio,,T TLLeure. �,oaTw, cf-- rtw—
$ r 9) 0VD , 00 SeCoat, rrdec>f- resod- qiS of Tf1r-- LE,�,�,
The said rout is In he payable norolhly in advance on the first day of each calendar month for the
ter a hereof, in hislalluellts as follows:
Payment of l SI ot0 . o0 OkIE-Twa LLIMP-SlW rAjKe^LT1 CUE A;-� Iev_EpTto.J ,
Rent l I (eS0 .00 -A �� —' l Fore r,M1,T --AT � &W-- X1 l_Eq,�
bS0 ,DO =4 pAYMe,,1j 6P— SLIP55EQ1W-q M4xr i ,
• TE�1et.1( cart Fzew e acTi MO-IT-0,+_1 F" -jb a I 'o.00 Iona?t4
mA4, laU o4--T,&4e- FMKWf 2 r"Z kA�U>�a 31 SE g%L
P( of fZlaE2.:;r
at the office of 'ZUSSEIl. E.*1'(4LDUWY, i t +io.lE thW64 A isoljf_'.
or as may be otherwise directed by the Landlord in writing. FA.,1A jS► u_ P-E �=4nfS+ti EA
g-( U . -5.
THE ABOVE LETTING IS UPON THE FOLLOWING CONDITIONS:
Peaceful first.—Thp Landlord Covenants that tire. Tenant, on paying flip said rental and pe•rfornring the Covenants and
Possession Conditions In tills IA9ase Contained, shall and play peareally and quietly have, hold and enjoy the denitsed premises for
the teen aforesaol.
Second.—'rhe 'Tenant Covenants and agrees III use. flit, denilseil premises its a
Purpose �fZ- ��l Al— rv+'�•�Or'71�.
Third.=1'lie TI nant shall, without tiny Previous denurnd Iherefor, pay to the Litndlord, or Its agent, the , ld rent
Default in Pay tit the times and in the tounner alKrve provided. [it flip event of the non-payment of said rent, or tiny instalment thereof,
meat of Rent a[ the times ❑it iu the manner above provided, nod if the saints shall remain in defanit for ten days after be.voining due,
or if Ilue 'renaoL Strait he dispossessed for non-payment of rent, or if flip lensed prenilsps shall lie deserted or vacated, the
Landlord or its agents shall have the right to and may enler I he sold prmnlses as tile. agent of the Tenant, elth on by foopetr
Abandonment aaq without 1wing liable for tiny prosecution or damages therefor, and inay relet the premises as flip. agent of
of Premises tire. 'tenant, and receive lip rent therefor, upon such Terms as shall lie. sallsfi -tory to the Landlord, and all rights of the
'rponnt to rppossess the premises outer this pease, shall he forfeited. Such re. -entry by the Landlord shall not opernie
Re -try and In release the 'p'pnmrt from any rent to he paid or curenanls ter IN• pN•rforn el[ hereunder during flip full loin of tills
Reiretiog by I..n v.. For Ili• park•.."• of rel..11ir:g, the Landlord shall b.• nulhorizcd to ruake such repairs or alteralloos In or to the
Landlord lensed kl'i`I IIISi'4 :IR any be neces.nry In place If.,- —on, in goal order and-Undiiio I. The Tenant Shall be liohle to the
I.a ndlord for flip cost of such repairs or aifenitious, nod ait expenses of such reletting. If the sum reallxpd or to lie
reolizesl rfrom the, rewiting Is hisnilh•lent to sntisfy the nurolhly or term rent provided In this lease, the Lnudlurd, at Its
Tenant Liable optimr, opy revptire the. Tenaul I.. pay such delicl..ncy month by Month, or Cony hold the T-natit to aihanr-e for the entire.
for Deficiency Ienvirnvy hi IR• n-alircd during the lerur of ihp reieiwog. The• '1'rnnnl. slUill not be entltled to tiny surplus scenting as a
r..sult of th.- relelfing.'•'• • -_'•.. —'- _
1 ion of
Landlonl to .. - - • • ,
Secure ..... . .... i.u.. - --
The Teunot agres to tiny, as additional rent, till uttorney•s fees and other expenses
Anot--y's Pore Incurn•d by Ili.. I.:noilurd In enforcing tiny of the oblige lions t o k-r this Was...
F-uth.—'1'Im n' nnnt shall not soil -let the devnlsed premises nor any portion therernf, nor shall this lease be as-
Sub•lettinpt and signed by tilts T"nant without the prior written consent of The, latndpord endorsed hereon.
Assignment
Fifth. —me his ex:nilirleil the iieniise4l premises, and aef-Wts them In their present condition (ezeept as
otherwise expressly providedl herein) nod without any representations on the part of the Landlord or Its agents ns to
Condition of the present or future condition of The. said premises. The'renaJnt shall keep the dernlsell premises In good condition, and
Premises, shall revlev-rule, palm and renovate. the said premises as may be. nesnry to keep them In repair still good appearane:e.
Repairs The Tennant shall malt :full surrender flip premises tit the end of the dpulse•11 teen In as good condition as the reasonable
u— Thereof hill lit-rinit. The 'rpuallL shall art make any alterations, addilious, or Improvements to said Premises without the
Alteration. and prb:r :mitten consent of the Landlord. All Pret•ttans, Alterations, nddit ads and Ingm•nvemlerets, whether temporary fir per -
Improvements Innrwnt in character, which any he made upon the premises either by the Landlord or the Tenant, except hlrullare or
movable trade fixtures Installed at the expense of the'I'Pnnnt, shall be the property of the Landlord And shall remain
Sanitation, upon and he surrendered with the premises As a part lhereof At th^ termination of this Lease, without cuugieusa lion to
Inflammable the Tenant. The Tenant further Agrees to keep said premises and nil parts thereof In a clean anti sanllary cundillon
Material. nod free from trash, hillarnolnble material And other objvOlmlable smaller. If this lease covers pretises, all Ora parr
5idewalka of which Are ran the ground floor, the Tenant further agrees to keep the sidewalks in front of such ground floor portion
of the denhlsed premises clean and free of obstructions, snow and Ice.
Sixth. —In the event that any mechanics' lien Is filed against the premises its it result of alternflons,'Additiona or
Mechanics' Improvements made by the Testator, the Landlard, at its teplion, after thirty days' notlep to the Tennnt, 'tiny terlutffilte
Liens this lease and may play she sale] lien, wllhout Inquiring inlfi the validity thereof, nod the ',-blot shall forthwith retire-
bar— the Lsndlnrd the total expense Incurred by the lamdtord to discharging the said lien, as Additional rent here-
under.
,ccrenfh.—The Tenant agrees In rcl-inre at Ihr T1 111sl',e rxpl•ner Any ,all All glass which fully become bn,ken In
Glass is I .•n Ill.. d,•lnlsed preuriws. 1'Inte, glaAA asset ullrrars, If :uly. Mall lie Insured by file 'Tenant at their fall Insurable
value in it company satisfactory to the Landlord. Said pulley slutll be of the full premium type, and shall be deposited
with the Landlord or its agent.
Liability of F.ielhih. 'Ilse Landlord shall not he rp%ponsibie for the Inca of or damage to property, or In)nry to persons, occur -
Landlord ring fn or ahout the itemlwel premises, by reason of any existing or future condltinn, defect, matter or tiling In said de
nsl. I ferf es or the properly of which the premises are a part, or for Cite act.., omissions or negligence of other
persons or tenants In And abnit the said property. The Tennnt agrees to Indemnify find save the Landlord harmless
from all clalms And liatellity for losses of or damage to proper!}, ter Injuries to persons occurring to ter about the tit-
mist -I premises.
Ninth.—Utlllties and services furnished to the. demised premises for (he benefit of the n Tennt shall he provided
Services and and I•aid for _es9 atlas's: water by the IE+.ih.t.j ; gas by the TSNNJN r.�� ; elcrtrielty by the
Utilities heat by the dA,T ,; rpfrigeratinn by the - &rj"-C ho water by the-re,jA j-C
The landlord shall not Ise liable for any Interruplintl or delay in any of the above servlcrs for any reaset
Tenth. —The Landlord, or its agents, shall have the right to enter the demised premises at reasonable hours in
Right to Inspect the day or night to examine the snnn• or to ran tefephoue ter other wires, or to snake such repairs, Additions or Ahern -
and Exhibit I tinny as it shall dim -al mw•pssary for the safely, pre.—Iltiou or roslaralloo of the lmpnivetoeals, ur for the safety or
i runv,•+iirnrr of the ,A•rupa,sls ur ush lhereof (Ihere lasing ..,...litigation, ho.rrv,•r, ou the ).;.,1 .,1 the Landlord to nuke
uuy e-h reputes, nddflluuA or site ntuus 1, ur lie ealdbil llu-..nun• Is, pr(,Alavlive pu rchahw•n :east pal upon the preadses
it .usable • FP Stile" sign. Pew Ihr,•c asontle. prior lu the expirat son of the demised Icra, the Idlndlon 1, fir its ngenls,
may .imilarly exhibit the premises to prospective tenants, air-[ 'tiny phtce Idle usual "To I.e(" signs thereof).
Sterenfh.—In the event of the destruction of the denntsed premises or the building containing the said prelllises
Damage by Fire, j by firs, explosion, the elements or otherwise (tiring the term hereby created, or previous thereoo, or such partial de-
Estplosion, struclion thereof As to render the premises wholly onlentinitble or until for occupancy, fir should the demised premises
The Elements or I top sn hadly Injured that the same cannot he repaired within ninety days from tile, happening of sucb Injury, then anti Ill
Otherwise such case the term hereby created shall, at the option of late landlord, relae find laaroufe unit and void from the date
of such damage or destruction, and the Tenant shall Immediately surrender sad premises anti fill the Tenant's Interest
therein to the landlord, and shall pay rent only to the lime of such surrender, In which event the landlord may re-
enter and repossess the prt911ises thus discharge() from this lease And may remove all parties therefrom. Should the
idemisk rd premises be rendered untenantable and unfit for occupancy, but yet tie repairable within ninety days from file
happening of sold Injury, the landlord may enter street repair the same with rensonnble Weil, and the rent shall not
Accrue after said Injury or while repairs rare being male, bast %hull reranuienve immediately after said repairs shall be
( c, pletett. Rut if the premises shall ale sn Alightly Injur^d as not to he rendered untenantable and unfit for occupancy,
then the Landlord Agrees In repair the sump with reasnnnhle promptness And in that case Rae rent nccrned anti Accruing
shall n.d (vase or determine. The T,•nnut shall hunielistlply notify the Landlord In case of fire or other damage it, the
premises.
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Tfrelf(h.—The Tenant agrees to abserve still] comply with all haws, nrdinarerps, rules anti regndaliona of the Fel-
Observation I ern), Male, Counly and Iilnnicipal nothorlhies applicable is. the husirtess to he conducted by the Tenant In the demised
of Laws, premi.�5. The Tenant agrees not to do or permit anything to he done In sold premises, or keep anything therein, which
Ordinances, I will increase the rate of fire Insurance premiums tin the. Improvements or tiny part thereof, or on property kept therein,
Rules and or which will obstruct or interfere with the rights of other tenants, or ronlllet with the regulations of the Fire, Ile -
Regulations j part or with any Insurfinrr policy upon said Inprn%muoyuts or ally part thereof. In tb,• event of Any Increase In
lnsuran. premiums resulting Rom the 'Tenatics orrupaulcy of the pre lists, ur from Any fir( fir omission iln the part of
I the T•'nant, the Tenant agrees to (Lay said Increase, Ira Insurance preminlas oil the Improvements or cnlilenls thereof its
II`1 Additional rent.
TAirfeenfh. —Nil sign, adverllsenu•ml fir nollry shall be mused lu or placed upon Any part of the di-inised preeais—
Signs j by the Tennnt, exmpl In such manner, send of sut•h size, design anti erslor its shall be Approved Is ndvance,ln writing by
the Idndlord.
F,nrrreenfh.—This tense Is subje•t nod IA hereby snhordirusi In nil present tin(] future mortgages, deeds of trust
Subordination I and other eacambrnneps AITocting the demiseti preadsces fir the property of which said preunlseA ore if part. The'Tesaut j
to Mortgages agree. ;.e ece:ute, rat no a,fliers— In the landlord, tiny Instrum,•nt which may he deposed nesesanry or desirable toy the
and Deeds Lnndlor.l to further effect the subordination of this lease to tiny such mortgnge, deed of trust or ecru mbrnnce.
of Trust
III, P-A& A9 the,.y •,. -- iw—p'aHINPtY AL_wJNoN-twirl---
Sale of .1.rt.eary-lrrthrnasne•-7rytr.-
1'remises
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,- tcrnth —The rllleA and rrgnlielimis regarding tap deaetse,l preahicS, Ilfilxetl to this lease, If Any, flit well an Any
(,flier sen-1 further reed Cminllde rllleA Ilad regmin11n114 w111ch shall IM made. fly Inn` landlord, shall Ile observed fly tile. Ten -
Rule, and
out and t,y the T1 mnt's emph,yeeq agPllts and customers. The landlord reserves the right tit rescind any presentlyexist-
Regulations of
Ing rules appRrnhfe tit life demised preouRe.% and ill make slu•li other and further reasonable rates And regishillo iA an, In
Landlord
its judzrment, may from (line to time he, desirable for the safely, rare trod cleanliness of the premlAes, unit for the preaer-
vAluw •d gee,al order lbPreo, which a14w, whp11 so made it nutur lheriwf given to fill. 'I tit, shall have. the %sale
form na.l effort As If originally node it part of Illis Tense. Such usher unit farther rates shall nut, however, Let lAcou-
sls(etst with lire proper and rightful enjoyment by the 'Tenant of the demised premises,
Violation of
S= rifeenth.—tu vase of vi-tal site by (he Tenau n( sissy of the coveuantsi, Agreelnenis And vi n iltinns of this lease,
or of is, rules asset regllalloos now fir Ilerenfler lei be ri,asmihbly established by the Landlord, wild Mall fallfre to ilia-
'Tenant, this tense thenceforth, the
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Covenants,
continue :aril vinhollun within lien days after notice thereof given to the shnll rat
Forfeiture of
opthai of the Landlord, b•cume null :fuel vold, and flit- Landlord may re poler without further notice or demand. The
Lease, Re-entry
rent in sarh case shall become (trip, he apportioned and paid on land up to file (Illy of such re-entry, and the Tenant shall
by Landlord
lie hnhro for all loss fir damage resulting from such violation its Aforesaid. No wnlver by the landlord of any violation
or breA,-h of condition by the Tenant shall clmstitnlp for he construed as it waiver of tiny other violation or breach of
rnndlto,n. nor shall lapse of time after hrench of wndithin fly the 'Tennnt before. the Landlord shall exercise Its aptlon
Nnn•waiver
noder this paragraph opern(e it, defeat the right of the Iandle rd to declare this lease null and void And to reenter upon
of Breach
the deusssof d premises after the sold breach or violation.
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Notices Fightrenth.—All notices Find demands, legal or otherwise• incidental to this lease, or the ornipntlon of the demised
premises, shall he in wriling. If lire Landlord or Its agent desires to give or serve upon flip. 'Tennnt tiny notice or de-
ttuand. It shall be sullieient to seod It ropy lhereof by registered mail, addressed to kite Tennnt at the iwa,ic{!II prP-miseH.
or to leave a copy Iher if with a person of suilnble age found on the prenlse9, or to post a ropy thereor titan the door In
said premises. Notices from the Tcoaal -16 Ibe Landlord shall fie vnt by registered mull or dellvered to the Landlord
ill, the place hprrinla'fore deslgn:&14Y1 for the pavniu'nt of rrni, or In such party or place as like Landlord cony from flute
lu little designate in writing.
Bankruptcy, Nineteenth. —It Is further agreed that If :it any lime during flip Iran of this lease the Tenant shall make tiny
Inwivency, n9signnu•nt fur the benefit of creditors, or be di -creel insolvent or hnnkrupl according In Inw, or if if re -elver shall Me
Assignment for appoinlel for the Tenunl. Own v1w Landlord may, tit Its option, tenniante this lease, exer•ise of such option is, be evi.
Benefit of dented by notice to that effect served upon the as9lgnep, revelver, tra91PP. or other person In charge of the liquidation of
Creditors the properly of flip Tenant or the Ts'nant'9 estate, fill( such ter timillon shall not release or tllscharge tiny payment of
rent payable hereunder and then a(v-riwd. Fir tiny Ilnhilily then accrued by reason of any agreement or covenant herein
aotlalued on the part of lite Tennnt, or the Tennat's legal representatives.
Holding Over Twcnfieth.—In the event that flip Tennnt 9hnll remain In Ihp. rlenilsed premises after the expiration of the term of
by Tenant this lease without having exec-uted a new written lease with the landlord, such holding over shall not 'constitute a re-
new -al or extension of this lease. The Landlord may, at Its opllon, elect to treat the Tenant ns one who has not removed
tit the end of his term, and thereupon he entitled to all the remedies against the Tenant provided by law In that situation,
or the. I.nn llord may elect, Fit Its option, to construe such holding over as a tennney from month to month, subject to all
the ferns and conditions of this lease, except ns to duration thereof, and In that event the Tenant shall pay monthly
rent In advance at the rate provided herein e9 effective during the last mouth of the demised term.
Tieenfy-first.—If file property or any pnrl Iherenf wherein the demised premises are. hs'nled shall he taken by
Eminent public or quail -public nofborlly under any power of Prnlnent doinaln or condemnation, this lease, at file nptlon of the
Domain, I laurdlorl, shall forthwith terminate attd the'renant 8111111 have no claim or Interest In or to any award of daninges for
Condemnation such Inking.
Security---'""'� f 6 ire-rwrwell-y-
'"P.Rowil,q rapt I@ he P,F;E%pm Poll who! 14 d'solill Flom "fill" I'@ FFIk 9*41 $R 1110 TMOM aflif !he Mme Rwf
--pl NrterR$'" twist -L - -- - - -A._ - _� j-. t-Fa-iftlw�-'-
4-4--te4-4--4-
-iw.-twsv..Ltwriiwt• •••• _ yam_
Ttornty-third.—Any dispute arising under this lease shall be settled by arbitration. Then Landlord and 'Tennnt
Arbitration shall each choose an arbitrator, and the two arbitrators thus chosen shall selpet a third arbitrator. The findings unit
award of the three arbitrators thus chosen shall be flual and binding on the parties herein.
Tire" fy-fonrlh.—No rights, ate in be conferred upois flip TennlU unl ll this lease lugs been 9fgn(.vl by the Landlord,
Landlord, of and Fin executed copy of the lease has been delivered to the Tenant.
Lease
Trocnfy-fifth.—The foregoing rights nail remedies are not Intended to be exclusive bill its additional to all rights.
Lease and remedies the landlord would otherwise have by law.
Provisions Not
Exclusive Ttrenty-sixth.—All of the terms, coveunuts and conditions or this lease shall Inure to the henellt of and be binding
upon the rw9pe•Ilve lief r9, Pre'nfors, adminislydors, successors nod assigns of the parties hereto. dlowever. In the event
Leax Binding of the death of the'I'ennnl, If Fin Individual, the Landlord may, Fit Its option, terminate this lease by notifying the. execar
Success
on Mein, ors, Etc. for or ndunlnlst ra for of the 'I'pliant at the demised premises.
Tieenly-seventh.—This lease and the obligntlon of Tenant to pay rent hereunder and perform all of the other cov-
enants and agreements hereunder on part of Tenant to his, performed shall In nowlse be affected, Impaired nr excused
bet'inlse. Landlord Is unable to supply or is delayed In supplying any service expressly or Implledly to be supplled or Is
u risible fo make, or Is delayed In making any repairs, addlllons, alterations or decorations or Is unnAle to supply or Is
delayed In supplying any equipment or fixtures It Landlord 19 prevented or delayed from so doing by rensnn of govern- f
mental prPeuiplion In connection with the. National Emergency declared by the. President of the United States or In
conne•tion with tiny rule., order or regulation of any department or subdivision thereof of nn,v governmental Figeney Fir
by reason of the eindilinns of 9opply mid demand which hnvi• Ia a Fir Fire nffecled by Ihi• war
u'rnfy r.ph(h. 'I'hls lunl r000ml ttraY not la'rhHugel orally.
TWQ►��-nnn - {z1�E(L � Saetl. Fib dT(�1Cr to ,4A)� 1 f�� tY LF; �11J�i t4vo
�� /' �l e — QGt� t Z S►IdLL A;MAJC� -rO A4 ZerC 9 ja "Ak6 LEA W
IN WITNESS WHEREOF, the said Parties have hereunto set their hands and seals the day and
year first above written.
Witness: ....................................................................... ......(SEAL)
Landlord
.................................. BY_ ........ _.__ .................................................................—
......................................................(sEAr.) l
Tenant
GUARANTY
III consideration of the execution of the wthiu lease by the Lundiord, at the request of the undersigned at,,[ n,
reliance of this guaranty, llte malersigacd hereby guarantees uuiu tiro landlord, its successors uud dsntgua, the pndopt
pa)aott of :ill real and like perrorataoce of all or like leruls, ,oveu:ods sad cuudtitous provided ill said lease, I by
walling kill notice of default, uud consenting to tiny eatemsiots or live or changes lu the umuuer of payment or perruriu-
auce of any of the lerus and condirtous of the said lease the I.audlord clay grunt the Tenant, and turllwr cuusruuug I -
tl,e ussiganteut and the successive assignments of the sold lease, and any atndlficaliuus thrreof, uirludutg file sub Icl'n•g
and changing of like use of (lie dctaloed pccuum•s, all wrlhuut notice to the undersigned. The uuderstgnad agrees to pa)'
the Landlord all expenses Incurred is eufurcutg the obligations of the Tenant under the tvilbiu lease and Ili eutorru,g
this guaranty.
Witttcss:......................................................................._ .. ( SEA I. )
..---.. ... ( SEAL )
Date:
�1W
ASSIGNMENT AND ACCEPTANCE OF ASSIGNMENT
For value received the undersigned Tenant hereby assigns ull of suld Teuunl's right, title unit interest in slid to
the withlu lease front and after lot,)
hrlrs, aurrrs-.era. and "'sign.'• Ih.: druu'ad picutl'ra to be u:.rd uud w,upl,vl for
uud for no other purpose, It being expressly agreed
that this assignment shall not In tiny manner relieve like undersigned usstguur front liability upon tiny of file co%eautts
of this lease.
Witness: .................................. ......................................... ........ . .. ........................................................................................ ( SEAL)
............................. .----------------- ........ ......................... ..... .. ..... .... ............. .I ............ — .
l._............. ..................................__...___.............._ .
In consideration of the above assiguweut uud the written consent of the I.uudlurd thereto, the uuder'tgued assignee,
hereby assumes and agrees from said utter to nuke all pa) 'rents and
to perfurnt all covenants and conditions provided Ili the within lease by the Teuuut therein to be nude uud Perfumed.
)Vitmess :. - .............. _.................................... _. (SLA 1. )
............................................................................................................................................................................... (SEAL)
Dole:................................................................................... ........ ...
CONSENT TO ASSIGNMENT
The undersigned Landlord hereby euusenls to the assignment of the within lease to
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oil the express conditions that Lite original Tenant
, lite assignor, herein, Shull rewalu Iluble for the prompt payment of the rent •
and the performance of the covenuuts provided lu the said lease by the 'Tenant to be wade and perforated, uud that no
further assignment of suld lease or sub-letliug of any part of the prewlses thereby detulsed shell be made without the
prior written cuuseit of the undersigned Landlord.
Landlord
Date: ..................... . ........ . ................... . .. . . . . ............................. By
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RIDER #1 To Form A880-Lease of Business Premises July 1, 1998
PAGE 1 OF 2 PAGES
(1) This Rider #1 shall become a part of Form A880-Lease of
Business Premises, dated 7/1/98 between the Evanston Police Department
(Tenant) and Russell E. Ruth (Landlord), for rental of 633 Howard St.
(Premises), Evanston, IL 60202.
(2) The Landlord waives the requirement for a security deposit.
This waiver does not mitigate the Tenant's financial liability for
Tenant -caused damage (normal wear and tear excepted) to the Premises.
(3) For each month that the monthly rent payment is on -time, the
Tenant shall be entitled to a discount of $150.00 from the fully paid
rent for that month, as described below.
(3a) The allowable discount is due the Tenant only when both of
the following two conditions are satisfied: (i) the rent payment is
made in full ($1,650.00); and (ii) the rent payment is postmarked not
later than the first day of the month for which payment is due.
(3b) If for a given month both conditions of Paragraph 3a are
satisfied, then the rent payment shall be deemed "on -time." The
Landlord shall mail to the Tenant a refund of $150.00 within three
• business days of receiving the full and on -time rent payment.
(3c) If for a given month either or both of the two conditions of
Paragraph 3a are not satisfied, then the rent payment shall be defined
as "late." The Tenant shall not be entitled to any discount of rent
for those months in which the rent payment is late.
(4) The Tenant may use all vehicle parking spaces in the rear of
the Premises at no additional charge. Maintenance (such as cleaning,
leaf/snow/ice removal) of said spaces shall be provided by and at the
expense of the Tenant.
(5) The Tenant shall provide for and pay the cost of prompt and
regular elimination of any and all refuse and debris from the
Premises. The Tenant agrees to maintain all avenues of egress from
the Premises in an unobstructed condition.
(6) The Tenant agrees to maintain and operate the provided alarm
(smoke and burglar) systems at all times. All monitoring fees and
charges shall be paid for by the Tenant. The Tenant shall obtain and
pay for all necessary permits from the City of Evanston that may be
required to operate the alarm systems. The Tenant agrees to test the
alarm systems periodically per all recommendations of the monitoring
company. The Tenant shall notify the Landlord immediately of
suspected malfunction in the smoke and/or burglar alarm systems.
0 (RIDER #1 IS CONTINUED ON PAGE 2)
(RIDER #1, 7/1/98, CONTINUED)
PAGE 2 OF 2 PAGES
(7) For the term of the lease and at Tenant expense, the Tenan0
shall procure a storefront window and glass insurance policy for the
Premises that provides replacement cost insurance against losses due
to storefront damage, glass breakage and related expenses. The Tenant
shall list the Landlord on said policy as co-insured, provide the
Landlord with a current copy of the policy in effect, and forward to
the Landlord copies of all policy -related notifications and
communications.
(8) The Tenant agrees to the following five conditions concerning out-
of-pocket expenses for the Premises that are incurred by the Tenant.
Expenditures by the Tenant for which the Tenant seeks reimbursement
from the Landlord are herein defined as "out-of-pocket expenses."
(8a) Out of pocket expenses shall be approved by the Landlord in
advance of such expenditure by the Tenant.
(8b) The Tenant shall not deduct out-of-pocket expenses from the
required monthly rent.
(8c) The Tenant shall forward to the Landlord all receipts as
proof of out of pocket expenses, together with a brief written
description of the specific need for and purpose of the expenditure.
(8d) The Landlord shall reimburse the Tenant for approved out-
of-pocket expenses within five business days of receiving the
documentation required from the Tenant per Paragraph 8c above.
(8e) The Landlord shall not be required to reimburse for any out-
of-pocket expenses when the Tenant fails to provide the documentatiol,
in Paragraph 8c within ten business days of incurring the expenses.
THE DECLARATIONS AND TERMS OF THIS RIDER #1, CONSISTING OF 2 PAGES AND
8 PARAGRAPHS, ARE HEREBY AGREED TO AND ARE MADE A PART OF Form A880-
Lease of Business Premises DATED July 1, 1998. IN CASE OF CONFLICT
BETWEEN THIS RIDER #1 AND Form A880, THIS RIDER #1 SHALL CONTROL.
Evanston Police Department
Tenant
--------------------
Russell E. Ruth
Landlord
---------------
Date
---------------
Date
0
July 1, 1998
• RIDER #2 To Form A880-Lease of Business Premises
•
0
PAGE 1 OF 2 PAGES
(1) This Rider #2 shall become a part of Form A880-Lease of
Business Premises, dated 7/1/98 between the Evanston Police Department
(Tenant) and Russell E. Ruth (Landlord), for rental of 633 Howard St.
(Premises), Evanston, IL 60202.
(2) Pursuant to conditions specified in Paragraph 3, below, the
Landlord agrees to upgrade and improve certain building components
during the lease term, for the benefit of the Premises and the Tenant.
Nothing shall require the Landlord to contribute more than the "not to
exceed" dollar amounts given below in the furtherance of the listed
improvements. The Landlord has no financial or other responsibility
to make any improvements or alterations that are not listed below.
(2A) Mechanical System Improvements
General Scope of Mechanical Work:
replacement of furnace/central air conditioning equipment
and exhaust fans/ductwork in kitchen, half -baths.
Landlord's financial limit:
not to exceed $6,000.00.
(2B) Electrical System Improvements
General Scope of Electrical Work:
rework service drop and distribution panel; inspect all
wiring; improvements/corrections as necessary and required.
Landlord's financial limit:
not to exceed $3,500.00
(2C) Bathroom Compliance with ADA
General Scope of ADA Work:
enlarge bathroom entrances; re -plumb as necessary;
install new ADA-compliant fixtures.
Landlord's financial limit:
not to exceed $3,500.00
(2D) Roofing Improvements
General Scope of Roofinq Work:
replace roof coverings, flashing, terminals for exhaust
fans; Landlord's option: install roof windows to increase
natural light/ventillation to the building interior.
Landlord's financial limit:
not to exceed $7,000.00
(RIDER #2 IS CONTINUED ON PAGE 2)
(RIDER #2, 7/1/98, CONTINUED)
PAGE 2 OF 2 PAGES
(2E) Storefront (South Facade) Improvements •
General Scone of Storefront Work:
(a) improvements shall be pursuant to Paragraph 3, below;
(a) scope and final design to be determined;
(b) alteration/extension of conditioned air ductwork;
(c) chase construction and finishing;
(d) facade electrification, natural lighting/ventillation;
(e) masonry maintenance and repair.
Landlord's financial limit:
not to exceed $20,000.00 (see Paragraph 3)
(3) Concerning the improvements of Paragraph 2E, the Landlord
will undertake such improvements, primarily for the benefit of the
Tenant, onlv upon satisfaction of the following six conditions.
(3A) Condition 1: the Tenant is in compliance with the lease
agreement, per Form A880 and Rider #1, attached hereto.
(3B) Condition 2: the City of Evanston, via the Evanston
Storefront Program, approves a storefront remodeling plan that is also
mutually agreeable to the Landlord and the Tenant.
(3C) Condition 3: the Evanston Storefront Program matches,
dollar -for -dollar, the Landlord's financial contribution to storefront
improvements, not to exceed a total maximum expenditure of $40,000.00
(assuming.maximum contributions from the Landlord, per Paragraph 2E, •
and the Evanston Storefront Program, equal to $20,000.00 each).
(3D) Condition 4: The Rough Opening, Inc., a construction
contractor licensed by the City of Evanston, shall perform all work on
storefront improvements or at its option, shall subcontract for such
work, to the extent permitted by City building codes.
(3E) Condition 5: The Rough Opening, Inc. shall direct and
manage all licensed trades working on storefront improvements.
(3F) Condition 6: The Rough Opening, Inc. shall be entitled to
customary compensation for its own tradework, as well as project
management of the other trades working on storefront improvements.
THE DECLARATIONS AND TERMS OF THIS RIDER #2, CONSISTING OF 2 PAGES AND
3 PARAGRAPHS, ARE HEREBY AGREED TO AND ARE MADE A PART OF Form A880-
Lease of Business Premises DATED July 1, 1998. IN CASE OF CONFLICT
BETWEEN THIS RIDER #2 AND Form A880, THIS RIDER #2 SHALL CONTROL.
Evanston Police Department
Tenant
--------------------
Russell E. Ruth
Landlord
---------------
Date
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