HomeMy WebLinkAboutRESOLUTIONS-2009-056-R-09613/2009
• 56-R-®9
A RESOLUTION
Authorizing.the City Manager to
Sign a Parking Lease Agreement with Mark Howes, DXM.,
owner of Berglund Animal Hospital located at-
2515 Gross Point _ Road, Evanston, Illinois
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby authorized and
directed to sign the Parking Lease with Mark Howes, D.V.M., attached hereto
and made a part hereof as Exhibit A.
SECTION 2: That the City Manager is hereby authorized and
• directed to negotiate any additional terms and conditions of the agreement as
may be determined to be in the best interests of the City.
SECTION 3: That this Resolution 56-R-09 shall be in full force and
effect from and after the date of its passage and approval in the manner
provided by law.
Eliza`6eth B. Tisdahl, Mayor
odney Gre�ne, 'Ci y Clerk
Adopted: & (J` , 2009
56-R-09
Exhibit A
Parking Lease Agreement •
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&A
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PARKING LEASE
This Parking Lease (the "Lease" or "Agreement"), dated this (I`� day of
( AvKw-(o- 1, 2009, is entered by and between the City of Evanston, an Illinois
municipal corporation ("Landlord") and Mark Howes, D.V.M. ("Tenant").
RECITALS
WHEREAS, Tenant is the fee owner of the property legally described in
Exhibit A, attached hereto and incorporated herein, and commonly known as
2515 Gross Point Road, Evanston, Illinois, 60201 (the "Property"); and
WHEREAS, Tenant currently owns and operates Berglund Animal
Hospital (the "Animal Hospital") on the Property; and
WHEREAS, Tenant is required to satisfy certain off-street parking
requirements in connection with the Animal Hospital pursuant to Subsection
6-16-2-1(B)(2) of Title 6 of the Evanston City Code, 1979, as amended (the
"Zoning Ordinance"); and
• WHEREAS, Landlord is the fee owner of property shown in the site plan
attached hereto and incorporated herein as Exhibit B, and operates said property
as a parking lot (the "Parking Lot"); and
WHEREAS, Tenant is desirous of leasing the Parking Lot from Landlord
and Landlord is desirous of leasing the Parking Lot to Tenant for the purpose of
parking automobiles in accordance with the terms and conditions of this
Agreement.
AGREEMENT
1. Demise. Landlord, for and in consideration of the covenants and
agreements set forth herein, does hereby lease to Tenant and Tenant hereby
leases from Landlord the Parking Lot as described above pursuant to the terms
and conditions set forth below. Notwithstanding the foregoing, this Lease is
limited to the surface portion of the property described in Exhibit B and the
improvements constituting the Parking Lot, and Tenant shall have no right, title
and interest in and to any utilities, facilities, or other structures below the surface
IS of the Parking Lot.
2. Use. During the hours of operation of the Animal Hospital or other •
establishment operated by Tenant on the Property, provided such establishment
constitutes a legal use of the Property under Subsection 6-10-4-2 or Subsection 6-
10-4-3 of the Zoning Ordinance, Tenant shall have the exclusive right to use the
Parking Lot to provide off-street parking as required by the Zoning Ordinance to
its customers, invitees, and employees. Said off-street parking shall consist of
eight (8) parking stalls, including one (1) handicapped parking stall. At all other
times, Tenant may permit the general public to park on the Parking Lot.
Landlord reserves the right to access the Parking Lot to repair or maintain any
utilities, facilities, or other structures below the surface of the Parking Lot and to
inspect the Parking Lot at any time.
3. Term. The initial term of this Lease shall begin on the
Commencement Date and continue for ten (10) years (the "Initial Term"). At the
conclusion of the Initial Term, this Lease shall automatically extend for one
successive ten (10) year term unless either party gives written notice to the other
party at least three hundred sixty five (365) days prior to the end of the Initial
Term. If Tenant ceases to operate an establishment on the Property constituting
a legal use under Subsections 6-10-4-2 and 6-10-4-3 of the Zoning Ordinance
(other than closures during remodeling or reconstruction), this Lease, at
Landlord's election, shall terminate immediately. .
4. Rent. The annual rent for the Parking Lot shall be $2,400.00,
payable on the Commencement Date and, thereafter, on the anniversary of the
Commencement Date.
5. Alternative Parking. If a casualty to the Parking Lot prevents Tenant
from using the Parking Lot as described in this Lease, then in such event (or any
other event that might otherwise constitute an event of force majeure), Landlord
shall provide parking in a garage or surface lot within one thousand (1,000) feet
of the Property or at such other location reasonably agreed to by Tenant (the
"Alternative Parking").
6. Maintenance. All repairs, maintenance or improvements to the
Parking Lot shall be the obligation of the Tenant.
7. Indemnity and Insurance. Tenant shall hold Landlord harmless,
indemnify, and defend Landlord from and against all claims, damages or causes
of action on account of damages to property and injuries to persons or loss of life
occurring on the Parking Lot, unless caused by the acts or omission of Landlord,
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its employees, agents, or contractors. Tenant shall maintain, with respect to the
Parking Lot, public liability insurance with limits of not less than $2,000,000 for
injury or death from one accident and $100,000 property damage insurance,
insuring Tenant (and naming Landlord as an additional insured) against injury
to persons or damage to property as herein provided. All such insurance may be
carried under blanket or umbrella policies covering the Parking Lot and any
other branches or facilities of Tenant and/or its affiliates. As to Tenant's
responsibilities under this Article, such policies shall be primary and without
contribution from any liability policies of Landlord and a certificate evidencing
such insurance shall be delivered to Landlord not less than 15 days prior to the
expiration date of the expiring certificate previously furnished pursuant to this
Section. Certificates evidencing all such insurance shall be delivered by Tenant
to Landlord prior to the Commencement Date and thereafter within 24 hours
upon Landlord's request. Failure to provide adequate insurance and
confirmation that insurance required by this Lease is in effect will result in
Tenant default and Landlord shall have the right to terminate this Lease effective
immediately. Tenant will provide to Landlord all contact information pertaining
to the insurance coverage provided by Tenant on the Commencement Date.
Landlord reserves the right to review and make reasonable and customary
• changes to the types and terms of Tenant insurance requirements annually on the
anniversary of the Commencement Date.
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8. Assigninent and Subletting. Tenant shall not assign this Lease, sublet
the Parking Lot, mortgage or otherwise encumber its interest herein, except that
Tenant may assign this Lease to a successor -in -title to the Property with
Landlord's written consent. Such consent shall not be unreasonably withheld.
Tenant may also assign or pledge its interest in this Lease for collateral purposes
to the lenders from time to time holding mortgages secured by the Property, and
upon Tenant's default under such mortgage, Landlord will not unreasonably
withhold its consent to the assumption of this Lease by such lenders or their
designees from and after the date such lenders foreclose or take possession of the
Property; provided, that as a condition of Landlord's allowing the successor
tenant to attorn to Landlord, the successor tenant shall pay all past due rental
under this Lease to Landlord and agree to make legal use of the Property under
Subsection 6-10-4-2 or Subsection 6-10-4-3 of the Zoning Ordinance. If Tenant
provides Landlord with the names and addresses of such lenders, Landlord shall
provide copies of notices of default to such lenders whenever Landlord gives
notice of any default to Tenant.
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9. Tenant Default. If Tenant fails to observe or perform any of the
covenants of Tenant under this Lease (an "Event of Default") and such failure is
not cured within forty-five (45) days after Landlord notifies Tenant thereof in
writing, then Tenant shall be in default; provided, however, if such failure cannot
reasonably be cured within said forty-five (45) day period, no Event of Default
shall be deemed to exist so long as Tenant commences and prosecutes curing
such default within said forty-five (45) day period, and diligently continues to
prosecute the same to completion.
10. Landlord Remedies. Upon the occurrence of an Event of Default,
Landlord shall have the following rights and remedies:
(a) Landlord may, at its option, at any time after fifteen (15)
days' written notice to Tenant, recover from Tenant Landlord's damages caused
by such default together with all other sums payable to Landlord hereunder,
including reasonable attorneys' fees, costs and expenses;
(b) Landlord may, at its option, but shall not be obligated to,
take such action as appropriate to correct or remedy such default (including
performing or causing to be performed any of Tenant's obligations hereunder)
and all sums expended by Landlord in doing so shall be payable from Tenant to •
Landlord upon demand; and
(c) Landlord shall, in addition to the rights and remedies
provided hereunder, have the right to invoke any right or remedy allowed at law
or in equity or by statute or otherwise.
11. Damages and jury Trial. Anything in this Lease to the contrary
notwithstanding, Tenant hereby waives any right to consequential damages and
any right to trial by jury in connection with any dispute involving this Lease.
12. Subordination, Nondisturbance & Attornment. Tenant hereby
subordinates this Lease to the lien of any bonds, mortgages, or similar financial
instruments now or hereafter placed upon Landlord's interest in the Property.
13. Waivers. Failure of either party to complain of any act or omission
on the part of the other party, no matter how long the same may continue, shall
not be deemed to be a waiver by said party of any of its rights hereunder. No
waiver by either party at any time, express or implied, of any breach of any
provision of this Lease shall be deemed a waiver of a breach of any other •
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provision of this Lease or a consent to any subsequent breach of the same or any
other provision. If any action by either party shall require the consent cr
approval of the other party, such consent or approval shall not be effective unless
in writing signed by the party whose consent or approval is required and such
party's consent to or approval of such action on any one occasion shall not be
deemed a consent to or approval of said action on any subsequent occasion or a
consent to or approval of any other action on the same or any subsequent
occasion. Any and all rights and remedies which either party may have under
this Lease or by operation of law, either at law or in equity, upon any breach,
shall be distinct, separate and cumulative and shall not be deemed inconsistent
with each other; and no one of them, whether exercised by said party or not,
shall be deemed to be an exclusion of any other; and any two or more or all of
such rights and remedies may be exercised at the same time.
14. Notices. All notices herein required shall be in writing and shall be
served on the parties, either personally or mailed by certified or registered mail,
return receipt requested, or by expedited messenger, and all such notices shall be
deemed received on receipt or, if delivery is refused, upon the date of attempted
delivery addressed as follows:
• If to Landlord: City of Evanston
Parking Services
2100 Ridge Avenue
Evanston, Illinois 60201
Attn: Rickey Voss
With a copy to: City of Evanston
Law Department
2100 Ridge Avenue
Evanston, Illinois 60201
If to Tenant: Berglund Animal Hospital
2515 Gross Point Road
Evanston, Illinois 60201
Attn: Dr. Mark Howes
With a copy to: Cohen, Salk & Huvard, P.C.
630 Dundee Road, Suite 120
• Northbrook, Illinois 60062
Attn: Bruce K. Huvard
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Either party may, by written notice to the other party, change its notice
address set forth above. Facsimile transmission is not an authorized means of
notice under this Lease.
15. Miscellaneous.
A. Headings. The headings of paragraphs herein are for convenience
only and shall not be deemed to be relevant in resolving any question of
interpretation or construction of any provision of this Lease.
B. Estoppel Certificates. Tenant agrees that at any time and from time
to time, upon not less than ten (10) days' prior written notice from Landlord, that
it will execute, acknowledge and deliver to Landlord a statement certifying that
this Lease is unmodified and in full force and effect (or if there have been
modifications) and the date to which the rent and other charges and obligations
hereunder have been paid in advance, if any, as well as any other matters
customarily contained in tenant estoppel certificates.
C. Governing Law. This Lease will be governed and construed
according to the laws of the State of Illinois. •
D. Severability. If any provision of this Lease shall be determinedby a
court of competent jurisdiction to be invalid or unenforceable, the remainder of
this Lease shall not be affected thereby, and each provision shall be valid and
enforceable to the fullest extent permitted by law.
E. Condition of the Premises. Tenant's occupancy of the Parking Lot
after the Commencement Date shall constitute an acknowledgement by Tenant
that the Parking Lot was, on the Commencement Date, in good order and
satisfactory condition.
F. Modification. This Lease shall not be modified in any way except by
a writing executed by both Parties. The parties agree that if there exists a latent
or patent ambiguity in this Lease, such ambiguity shall not be construed against
either party regardless of which party has drafted the provisions of this Lease.
G. Recordation. This Lease shall not be recorded, but Landlord shall
not unreasonably withhold its consent to recording a memorandum of this Lease,
if requested by Tenant's lender in order to obtain an endorsement from an
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Illinois title insurance company insuring such lender's leasehold mortgage
interest in the leasehold created by this Lease.
IN WITNESS WHEREOF, the parties hereto have executed this Lease as of
the day and year first written above by their respective officers thereunto duly
authorized.
TENANT: LANDLORD:
Mark Ho s,1w.V.M. City of Evanston, an Illinois
municipal corporation
By: ✓L-. l By(i J
Name: Mark Howes, D.V.M. Name: Reba . (jaq� ` CZ,
Title: 4ffterim City Manager
is
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EXHIBIT A
Legal Description of Property
LOTS 22 AND 23 IN HIGHLANDS TERMINAL, BEING A SUBDIVISION IN
THE NORTHEAST FRACTIONAL 1/4 OF FRACTIONAL SECTION 10,
TOWNSHIP 41 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN COOK COUNTY, ILLINOIS.
PINS: 10-10-201-001-0000
10-10-201-002-0000
ADDRESS: 2515 GROSS POINT ROAD, EVANSTON, ILLINOIS 60201
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EXHIBIT B
Site Plan
IAccH. CuuIp
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PARKING L&
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