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HomeMy WebLinkAboutRESOLUTIONS-2009-066-R-0940 • 8/3/2009 8/4/2009 66-R-09 A RESOLUTION Authorizing the City Manager to Enter into a Co -Lease Agreement with Gail Cotovsky, Sheila Ganch and Joyce Marcus for use of Studio 215 at the Noyes Cultural Art Center 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 co -lease agreement between the City of Evanston and Gail Cotovsky, Sheila Ganch, and Joyce Marcus. Such co -lease shall be in substantial conformity with the Lease • 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 terms and conditions of the leases as may be determined to be in the best interests of the City. SECTION 3: That this Resolution 66-R-09 shall be in full force and effect from and after its passage and approval in the manner provided by law. A • Rodney Gree�(ie,'City Clerk Adopted: d-z-ur 41 10, , 2009 Eliz�6eth B. Tisdahl, Mayor 66-R-99 EXHIBIT A Noyes Cultural Arts Center Co -Lease Agreement for Studio ##215 • • • -2- NOYES CULTURAL ARTS CENTER LEASE • LESSOR: City of Evanston 2100 Ridge Avenue Evanston, if- 60201 LESSEES: Gail Cotovsky Sheila Ganch Joyce Marcus Studio Space No. 215 Location 2nd Floor Square Feet 833.3 Additional Space Location Square Feet Previous Security Deposit $0.00 Lease Year 1 Rate(s) by location $ - 11.51 .. Annual Rent (Sq. ft x rate) Rate per sq. ft. 2008-200E Additional Space Annual Rent (Sq. ft. x rate) Basement $ 10.08 Total Annual Rent (sa. ft. X rate) + additional space 1st Floor - $ 12.95 Non Resident Surcharge-20% 2nd Floor' $ 11,51 Total Annual Rent based an 1 month Fab Montiy Rent (Sq.ft x rate per sq. fill month 1) Security Deposit (one mosent) Adjust. Sec. Dep. (rend - previous sec.deo.1 Community Service Year 1 151/6 of Annual Rent Lease Year 2 00/01f7.000 - 02MM10 Rate per sq. It. 2009-201 • Rate(s) by location $ 12.09 Basement $ 10.58 Annual Rent (Sq. fL x rate) $ 10,074.60 1st Floor $ 13.60 Additional Space Annual Rent (Sq. ft. x rate) $ - 2nd Floor $ 12.09 Total Annual Rent (6 months) $ 5,037.30 Non Resident Surcharge-20% $ 1.007.46 Total Annual Rent $ 6.044.76 Itordly Rent (Salt x rate Der se. We months) S IAWAS Security Deposit (one mosent) $ 1,007.46 Community Service Year 2 15% of Annual Rent ( six months) $ 755.60 'Lease Year 3 031011MO - 02MWO11 Rate per sq. fL ZO10-2011 Rates) by location Basement TBD ` Annual Rent (Sq. ft. x rate) $ - 1stFlopr TBD Additional Spam Annual Rent (Sq. ft. x rate) $ - 2nd Floor TED Total Annual Rent $ Non Resident Surcharge-20% $ Total Annual Rent $ Montiy Rent (Sq.ft x rate per sq. fill months) $ - Security Deposit (one mo.rentl $ Adjust Sec. Dee. (rent - previous sec.den.) Community Service Year 3 15% of Annual Rent $ - PURPOSE: For and in consideration of the terms of this lease, Lessor agrees to lease Lessee space as diagramed in Appendix "A" • LESSEE / DATE: � G % r PURPOSE: For and in consideration of the terms of this lease, Lessor agrees to lease Lessees space as diagramed in Appendix "A", herein after referred to • as the Leased Premises. 1. RENT. a. TO BE PAID ON OR BEFORE THE FIRST OF EACH MONTH, at the administrative office of the Noyes cultural Arts Center, (NCAC) 927 Noyes Street, Evanston, IL. 60201; or at the Evanston Recreation Department, (ERD) Evanston Civic Center, 2100 Ridge Avenue Evanston, I1. 60201. b. This lease is for an option to renew for a second and third one- year term. The terms run (3/1/08 through 2/28/09 and respectively 3/l/09 through 2/28/10 and 3/1/10 through 2/28/11.) The rent for each term is set forth above. All lease provisions shall remain the same, except that 1) applicable new legislation shall be incorporated by reference; 2) Community Service requirements between Lessee and Lessor shall be renegotiated; 3) the rent shall increase by an amount to be determined solely by Lessor, but not to exceed ten percent (10%) of the previous year's monthly rent, and 4) Lessor reserves the right to revise the Lessee's insurance requirements as to type(s) of coverages and policy amounts. Spaces at the NCAC are leased at below market rates for comparable space. Prior to execution of this Lease,— and within 10 days of the first month of any beginning term of this Lease, all Lessees must provide Lessor with a copy of their: IL AG900-IL - Illinois Charitable Organization Annual Report (if not -for -profit) or Federal Income Tax Return, 1040 Schedule C, 1120(s) or 1065 (if for profit). • C. The Lessee is liable for all lease fees, including any late fees or fees for additional services, and for any damage, upkeep or losses to the NCAC building furniture or equipment caused by Lessee's invitees or caused by or attributable to Lessee or its agents during the lease period. Additional fees include but are not limited to: parking fees, custodial overtime, utility fees, and other accrued charges. Lessor may bill other charges separately. See Appendix D. 2. LATE CHARGES. Late fees will be assessed for rent and all other invoiced charges in the amount of 10% of the invoice or $50.00 whichever is greater. Late fees only apply if the administrative office of the NCAC or the ERD receives payment AFTER 5:OOPM on the fifth day of each month for rent and/or if payment is received after S:OOPM on the due date as specified on the invoice for all other charges. Invoiced charges may also be placed in the rent drop box slot located 4rn on the bottom portion of the door of the NCAC administrative office (room 100) by 5:00 p.m. on the due date specified on the invoice. See Appendix D for "Other Costs." Assessed late fees not paid by the due date specified on the invoice will be billed double the amount on the next billing cycle. LESSE j FE 1 • do 1X vay • • n LJ 3. MOVING. If Lessor requires vacation of the Leased Premises and relocation within the NCAC, excluding an emergency, Lessor will give Lessee sixty (60) days written notice. The Lessor will arrange for, and bear the cost of, moving lessee's contents (excluding ccmputers, wiring, and telephone(s) into a comparable space with ccmparable amenities within the NCAC. If a comparable space is not available or if Lessee/Sublessee does not accept the space offered by Lessor, Lessee/Sublessee will vacate the Leased Premises by the end of the 60- day notice period. If Lessee fails tc vacate by the date determined in writing from Lessor, Lessee will be charged a $25.00 per day storage fee or a daily storage fee based on the per diem cost of the leased space whichever is greater. 4. CONDITION AND UPKEEP OF LEASED PREMISES. `Premises" means t-ie space leased and any other portion(s) of the NCAC used by Lessee pursuant to the terms of this lease. Lessee has examined and knows the condition of said premises and has received the same in good order and repair, and acknowledges that no representations to the condition or repair thereof have been made by the Lessor or his agent prior to or at the execution of this lease that are not herein expressed or endorsed hereon. The Lessee's taking possession shall be conclusive evidence as against the Lessee that the Leased Premises were in good order and satisfactory condition when the Lessee took possession except for a list of items to be completed or repaired, signed by Lessor and Lessee prior to Lessee's occupancy. No promise of the Lessor to alter, remodel, decorate, clean or improve the Leased Premises or the NCAC and no representation respecting the condition of the leased Premises or the NCAC have been made by the Lessor to the Lessee, unless the same is contained herein, or made •a part herecf. 5. CARE, MAINTENANCE AND CUSTODIAL SERVICES. The Lessee shall, at the Lessee's own expense, keep the Leased Premises in good condition and shall pay for the repair of any damages caused by the Lessee, its agents, employees or invitees. The Lessee shall keep the Leased Premises in clean condition and presentable to the public. The Lessee shall pay the Lessor for overtime and for any other expense incurred in the event that repairs, alterations, decorating or other work in the Leased Premises are not made during ordinary business hours at the Lessee's request. Lessee will keep said premises, including all walls, surfaces and appurtenances, in good repair. At no time shall Lessee move, remove, handle, injure, or disturb any property not theirs on or in the leased premises. Lessee shall be responsible for repairs, damages and losses for damages sustained outside the leased premises attributable to lessee's activities, or invitees. All damage must be reported in writing to the Director of Parks/Forestry & Recreation or designee by the next City business day. Repairs by Lessee must have prior written approval by the Director of Parks/Forestry & Recreation or designee and must occur within thirty (30) days of such approval unless the Director of Parks/Forestry & Recreation or designee gives a prior written request or grants approval for an extension beyond the thirty (30) days. If Lessee fails to make the necessary repairs by the date LESSE;�Q�h�-`� ,r l i, 2 determined by Lessor, Lessor has the option to make the necessary repairs and Lessee agrees to promptly pay for those repairs upon rendition of an invoice by Lessor. Lessor may terminate this lease for Lessee's failure to make the necessary repairs by the due date. Lessees are required upon lease termination to leave space in the same or better condition than at beginning of lease. Normal wear and tear excepted. See Appendix C. 6. MACHINERY, HOUSING ACCOMODATIONS, INFLAMMABLES, WATER. a. Unless the Lessor gives prior written consent in each and every instance, the Lessee shall not install or operate any steam or internal combustion engine, boiler, machinery, refrigerating or heating device or air- conditioning apparatus in or about the Leased Premises or carry on any mechanical business therein, or use the Leased Premises for housing accommodations or lodging or sleeping purposes, or do any cooking therein or install or permit the installation of any vending machines, or use any illumination other than electric light, or use or permit to be brought into the NCAC any inflammable oils or fluids such as gasoline, kerosene, naphtha and benzene, or any explosive or other articles hazardous to persons or property. b. The Lessee shall not waste water by tying, wedging or otherwise fastening open, any faucet. c. The Lessee shall not install in the Leased Premises any equipment which uses a substantial amount of electricity without the prior written consent of the Lessor. 7. ALTERATIONS. The Lessee shall not do any painting or decorating, or erect any partitions, make any alterations in or additions to the Leased Premises or the Noyes Cultural Arts Center, or do any nailing, boring or screwing into the ceilings, walls or floors, without the Lessor's prior written consent in each and every instance. Unless otherwise agreed by Lessor and Lessee in writing, all such work shall be performed either by or under the direction of the Lessor, but at the cost of Lessee. The Lessee shall furnish the following to the Lessor for approval before commencement of the work or delivery of any materials onto the Leased Premises or into the Noyes Cultural Arts Center: a) plans and specifications; b) names and addresses of contractors; c) copies of contracts; d) necessary permits including, but not limited to, electrical; e) indemnification in form and amount satisfactory to Lessor and certificates of insurance from all contractors performing labor or furnishing materials, insuring against any and all claims, costs, damages, liabilities and expenses which may arise in connection with the alterations or additions and naming Lessor as an additional insured. The Lessor's decision to refuse or approve such consent shall be conclusive. Whether the Lessee furnishes the Lessor the foregoing or not, the Lessee hereby agrees to hold the Lessor and its respective agents and employees harmless from any and all liabilities of every kind and description which may arise out of or be connected in any way 3 • • • with said alterations or additions. Any mechanic's lien filed against the Leased Premises, or the NCAC of which the same form a part, for • work claimed to have been furnished to the Lessee shall be discharged of record by the Lessee within ten (10) days thereafter, at the Lessee's expense. Upon completing any alterations or additions or at the request of the Lessor, the Lessee shall furnish the Lessor with contractors' affidavits and full and final waivers of lien and use. All alterations and additions shall comply with all insurance requirements and with all ordinances, regulations, laws and other requirements of any pertinent governmental authority. All alterations and additions shall be constructed in a good and workmanlike manner and good grades of materials shall be used. All additions, decorations, fixtures, hardware, non -grade fixtures and all improvements, temporary or permanent, in or upon the Leased Premises, whether placed there by the Lessee or by the Lessor, shall, unless the Lessor requests their removal, become the Lessor's oroperty and shall remain upon the Leased Premises at the termination of this Lease by lapse of time or otherwise without compensation or allowance or credit to the Lessee. If, upon the Lessor's request, the Lessee does not remove said additions, decorations, fixtures, hardware, non - grade fixtures and improvements, the Lessor may remove the same and the Lessee shall pay the cost of such removal to the Lessor upon demand. 8. LESSEE NOT TO MISUSE, SUBLET, ASSIGN. a. Lessee will not allow said Leased Premises to be used for any purpose other than that specified in Appendix A and only for Lessee's activities for the Leased Premises. Lessee will not allow said Premises to be occupied in whole or in part by any other person for reasons not • approved in writing in advance by the Director of Parks/Forestry & Recreation or designee and will not assign or sublet the same nor any part thereof, nor lend, transfer, reproduce or give out keys for any door other than those provided by the Lessor without the prior written consent of the Director of Parks/Forestry & Recreation or designee. No locks or similar devices, other than those provided by the Lessor, shall be attached to any door. b. This Lease may not be assigned by either party without the prior written consent of the other; C. This Lease shall be construed and interpreted under and in accordance with laws of the State of Illinois; and d. This Lease shall constitute the entire understanding of the parties hereto, superseding any and all prior agreements, whether written or oral. e. Lessee shall not co -produce, sponsor, or co -present additional programs, whether or not they generate revenue. f. Lessee understands and agrees the Leased Premises are public property and that all activities and productions must be co-isistent with this public status. Slanderous, libelous, obscene, unlawful, hazardous actions are prohibited. Any violation of this provis_on may, at the Lessor's option, be a material breach of the lease. See Appendix C. g. Lessee shall not permit any, alteration, renovation, installation, or additions to any part of Leased Premises or in the • LESSEE DA 4 public areas of the NCAC except by the prior written consent of the Director of Parks/Forestry & Recreation or designee. The cost of all such alterations and additions to said premises shall be borne by Lessee, and shall be performed in accordance with all applicable legislation and may require Lessee to provide Lessor in advance of such work with insurance in type, form and amount satisfactory to Lessor. Fixtures shall remain for the benefit of Lessor unless Lessor determines otherwise prior to installation, and notifies Lessee in writing of said determination. Improvements made by the Lessee to the studio are fixtures if they require removal and/or replacement of an existing fixture, installations into or on the foundation, walls, ceiling, floors and windows. 9. TERMINATION. a. Any party hereto may terminate this lease upon written notice to the other party hereto, said notice to be delivered not less than ninety (90) days prior to the first day of the month of the contemplated termination. See Appendix F. b. Lessor may terminate this Lease for cause. "Cause" is a material breach of the Lease which in Lessor's sole judgment is inimical to the public interest, including, but not limited to failure to pay rent, to provide all required insurance and indemnity performances and actions inconsistent with the public ownership of the Leased Premises and actions which create or may create a hazard to the public health, welfare and safety. Lessor will provide Lessee an opportunity to cure any default. Cure period may be up to 30 days; however, a method and schedule to cure must be provided to the Director of Parks/Forestry & Recreation in writing within 24 hours of Lessor's notification to the Lessee. Lessee understands that there is no entitlement to a 30-day cure period. If Lessee has, in Lessor's judgment made substantial progress toward effecting a complete cure, then Lessor may grant an additional cure period, of no more than 15 days. Thereafter, if the cure is not effected, Lessor may terminate this Lease with 30 days notice to Lessee unless the "cause" is aforedescribed hazard to the public, in which case Lessor may terminate the Lease with five (5) days notice. c. Notwithstanding anything to the contrary elsewhere in this document, if Lessee fails to maintain all insurance as required by this Lease, Lessee shall, upon written notice from Lessor, cease all operations immediately and shall have no access whatsoever to its Leased premises. Lessor shall have no liability to Lessee for any claim of lost profits, revenues or lost opportunities. Lessor may, but is not obligated to, give Lessee an opportunity to comply with the insurance requirements of this Lease. In such event, Lessor reserves the right to increase required policy limits and/or to require Lessee to purchase additional types of insurance if doing so is in the interests of the public welfare. Any cure period Lessor gives regarding insurance may be given in increments of one business day. Any cure period given does not obligate' Lessor to give additional cure period(s). Lessor shall have the option of declaring the Lessee in default for failure to comply with the insurance requirements of this Lease. In the event Lessee fails to provide satisfactory evidence of insurance and Lessor has 5 • • • denied access, Lessee is still liable for rent of the Leased Premises and other charges as assessed. • 10. NON -RENEWAL. Notwithstanding the provision of paragraph 10 of this lease, Lessor may decline to renew any lease, upon 21 days written notice to the Lessee or sooner, in the event, in Lessor's sole determination, Lessee's use creates a hazard to the public health, welfare, or safety. Lessee shall be afforded the opportunity to cure defects and/or hazards prior to non -renewal or termination of lease upon written request by Lessee and with written approval by the Director of Parks/Forestry & Recreation or designee, and at Lessee's own expense. Defects must be cured to Lessor's satisfaction in the time specified by Lessor. Lessee's failure to provide and maintain insurance required hereunder shall be presumed to create a hazard to the public health, welfare, and safety. Such failure shall be cause for Lessor to require Lessee to cease all activities at the leased premises immediately upon written notice to do so by Lessor. 11. COMMUNITY SERVICE. Lessee hereby covenants and agrees to perform during the term of this lease the Cultural Community Service activity set forth in Appendix B. Community Service is as approved in advance by Lessor and calculated at 15% over and beyond the annual rent as detailed on page one (1) of this lease. 12. INSURANCE LIABILITY PROVISIONS. a) Comprehensive General Liability Policy. Lessee shall, during the entire term hereof, keep in full force and effect a Comprehensive General Liability policy with respect to the leased premises, and the business operated by the lessee and any subtenants of the lessee in the • leased premises in which bodily injury limits and property damage limits shall be as set forth in Appendix G to this Lease, Lessee shall also insure the following indemnity provisions and such agreement shall be clearly recited in the Insurance Policy: • LESSEE Lessee covenants and agrees that it will protect and save and keep owner/lessor forever harmless and indemnified against and from any penalty or damages or charges imposed for any violation of applicable laws or ordinances, including, but not limited to, violations of the ADA, or for any penalty or damages imposed as a result of accidents or other occurrences, relating to Lessee's use of the leased prenises or the Noyes Center whether occasioned by neglect of lessee or those holding under lessee, and including, but not limited to issues arising or alleged to have arisen out of failure to comply with the ADA. The Lessee shall indemnify, protect and save harmless the City of Evanston, its agents, officials and employees, against all injuries, deaths, loss, damages, claims, patents' claims, suits, costs and expenses that may in anywise accrue against the City in consequence of the granting of this lease or which may in anywise result therefrom, whether or not it shall be alleged or determined that the act was caused through the negligent act or .omission of the Lessee or his employees, if any, and the Lessee shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any shall be rendered �7_ DAT A . �9 6 against the City in any such act, the Lessee shall, at his own expense, satisfy and discharge same. In the event of any conflict between the language of the insurance policy(s) and the above -recited indemnity provisions, the indemnity provision shall govern. b) Certificate of Insurance. Lessee and any Sublessees shall furnish the original Certificate of Insurance to the Director of Parks/Forestry & Recreation or designee. The Certificate of Insurance must run concurrent with this Lease, with coverage dates being 3/l/08 through 2/28/09, and, in the event of a second and third term of this lease, 3/1/09 through 2/28/10 and 3/1/10 through 2/28/11. The Certificate must name the Lessor/Owner as an additional insured with an insurance company acceptable to the Lessor and it shall be the responsibility of the Lessee to furnish the Director of Parks/Forestry & Recreation or designee with updated, original Certificates of Insurance covering the current lease term. The City of Evanston must be named as the Certificate Holder. Updated Certificates must be received not later than the current Certificate expiration date of 2/29/08 or 2/28/09. Lessee and Sublessee shall furnish, where requested, a certified copy of the policy to the Lessor. Lessee will instruct the Insurance company to notify Lessor of any changes or cancellation of Policy. The Policy will provide, in the event the insurance should be changed or cancelled, such cancellation shall not be effective until thirty (30) days after the Lessor has received written notice from the insurance company(s). An insurance company having less than an A plus Policyholder's Rating established by the Alfred M. Best Company will not be acceptable. All Lessees must provide evidence satisfactory to the City of Evanston of compliance with the insurance requirements of this Lease before or at the signing of a new Lease and before renewing a Lease. 13. ADDITIONAL INSURANCE. Lessor reserves the right to require additional insurance from Lessee and any Sublessees because of any increased risk, improvements made by Lessee or any Sublessees or liability not satisfactorily covered, in Lessor's sole opinion, by the above insurance requirements, and lessee agrees to promptly provide same. 14. AMERICANS WITH DISABILITIES ACT (ADA). All Noyes Resident Artist classes, programs and activities are subject to all applicable laws regarding non-discrimination, including the ADA. ADA prohibits discrimination on the basis of disability. Reasonable accommodations must be made in all NCAC activities and services to enable participation by an individual with a disability. Compliance with the ADA in respect to Lessee/Sublessee's activities is the responsibility of Lessee/Sublessee. 15. NON -LIABILITY OF LESSSOR. Lessor will neither be liable for any damage nor loss of revenue occasioned by failure to keep the building in repair, or for lights and fuses and any problems associated with electrical malfunctions, nor if the heat is not operating properly, LESSE§a� DA 7 � //o q Q • • • nor for any damage or loss of revenue caused or occasioned by or from plumbing, gas, water, sprinkler, steam or other pipes or sewage of the • bursting, leaking or running of any pipes, tank, or plumbing fixtures, in, above, upon cr about the building, nor for any damage or loss of revenue caused or occasioned by water, snow or ice being upon or coming through the roof, skylights, trap or neglect of any owners or occupants of adjacent or contiguous property, or by public or private nuisances, regardless of cause or sources. • 16. FIRE/CASUALTY. If a substantial portion of the Leased Premises or the NCAC is made untenantable by fire or other casualty, Lessor may elect to: A 1. Provide available comparable space within the Noyes Center, or repair premises within sixty (60) days. If Lessor elects the repair option but fails to repair the premises within sixty (60) days, or upon the destruction of premises by fire, the term of this lease hereby created shall cease as of the date of the casualty. All outstanding debts accruing to Lessor from Lessee prior to date of casualty whether invoiced prior to casualty or not must be paid to Lessor. 2. To terminate this Lease as of the date of the fire or casualty by notice to the Lessee within sixty (60) days after that date, or 3. Proceed with all due diligence to repair, restore or rehabilitate the NCAC or the Leased Premises at Lessor's expense, in which latter event this Lease shall not terminate. 4. In the event the Lease is not terminated pursuant to these provisions, rent shall abate on a per diem basis during the period of untenantability. In the event of the termination of this Lease pursuant to this section, rent shall be apportioned on a per diem basis and paid to the date of the fire or other casualty. In the event that the NCAC or the Leased Premises are partially damaged by fire or other casualty but a substantial portion of the NCAC or the Leased Premises are not made untenantability, then Lessor shall proceed as promptly as it can under the circumstances to repair and restore the Leased Premises or the NCAC and the rent shall abate in proportion to the nonusability of the Leased Premises during the period of untenantability. If an insubstantial portion to the Leased Premises is made untenantable, Lessor shall have the right to terminate this Lease as of the date of the fire or other casualty by giving written notice thereof to Lessee within sixty (60) days after the date of fire or other casualty, in which event the rent shall be apportioned on a per diem basis and paid to the date of such fire or other casualty. 5. If the Leased Premises or the NCAC are made untenantable or not useable for the purposes allowed in this Lease the security deposit will be refunded to Lessee if and as a result of war, terrorism, insurrection, civil commotion, riots, acts of God or the enemy, governmental action, strikes, lockouts or picketing, such condition continues for a period of one week, then Lessee shall have the right to terminate this Lease retroactively as of the date of the untenantability or unusable condition, by giving the Lessor written LESSEE 8 notice and vacating the Leased Premises immediately. Such right to terminate shall be Lessee's sole remedy and under no circumstances shall Lessor have any liability for damages of any nature whatsoever, • including, without limitation, business interruption, incidental or consequential. B. Lessee shall have no recourse for any type of compensation, damages, reimbursement, costs, or insurance proceeds whatsoever against Lessor for any artwork or other property of any type which was lost or damaged by fire or other casualty, or for any artwork or other property of any type which remains in the leased premises or in or on any location owned or operated by Lessor after lease termination or non renewal. 17. OCCUPATIONAL HEALTH AND SAFETY ACT. (OSHA). Lessee covenants and agrees that the use of any power tools, chemicals, or other harmful or potentially harmful products, devices, or materials on the Leased Premises by Lessee, its agents, employees, students, or any individuals under the care, control or tutelage of Lessee shall be governed by the Occupational Health and Safety Act of 1980 as now or hereafter amended. 18. SECURITY DEPOSIT. Lessee agrees to deposit with Lessor a sum equal to one month's rent upon the execution of this Lease, as security for the full and faithful performance by Lessee of each and every term, provision, covenant, and condition of this Lease. If Lessee defaults in respect to any of the terms, provisions, covenants and conditions of this Lease including, but not limited to, payment of the rent, Lessor may use, apply, or retain the whole or any part of the security deposited for the payment of any such rent in default, or for any other sum which the Lessor may expend or be required to expend by reason of Lessee's default including, without limitation, any damages or deficiency in the reletting of the Leased Premises whether such damages or deficiency shall have accrued before or after any re-entry by Lessor. If any of the security shall be so used, applied or retained by Lessor at any time or from time to time, Lessee shall promptly, in each such instance, upon rendition of an invoice and/or on written demand therefore by Lessor, pay to Lessor such additional sum as may be necessary to restore the security to the original amount set forth in the first sentence of this paragraph. Except as otherwise required by law, Lessee shall not be entitled to any interest on the aforesaid security. In the absence of evidence satisfactory to Lessor of an assignment of the right to receive the security or the remaining balance thereof, Lessor may return the security to the original Lessee, regardless of one or more assignments of this Lease. Upon the transfer of Lessor's interest under this Lease, Lessor's obligation to Lessee with respect to the security deposit shall terminate upon assumption of such obligation by the transferee. 19. ATTORNEY'S FEES. Lessee shall pay and discharge all costs, attorney fees and expenses that shall be made and incurred by Lessor in enforcing the agreements of this lease and all the parties to this lease agree that the agreements herein contained shall be binding upon, apply, and inure to their respective successors and assigns. • 0 20. LIENS. Lessee shall not permit any lien or claim for lien of any mechanic, laborer or supplier or any other lien to be filed against the • NCAC, the Property, the Leased Premises, or any part thereof arising out of work performed or alleged to have been performed by, or at the direction of, or on behalf of Lessee. If any such lien or claim for lien is filed, Lessee immediately either shall have such lien or claim for lien released of record or, if Lessee desires to contest the amount or validity thereof, shall deliver to Lessor a bond in form, content, amount and issued by a surety, satisfactory to Lessor, indemnifying Lessor and others designated by Lessor against all costs and liabilities resulting from such lien or claim for lien and the foreclosure or attempted foreclosure thereof. If Lessee fails to have such lien or claim for lien so released or to deliver such bond to Lessor, Lessor, without investigating the validity of such lien, may pay or discharge the same and Lessee shall reimburse Lessor upon rendition of an invoice for the amount so paid by Lessor, including Lessor's expenses and attorneys' fees. 21. PARTIES. The City, as Lessor and Lessee(s) hereto understand and agree that where two or more persons have executed this lease as Lessee, the word "Lessee" shall be construed to refer to and encompass all such persons and all Lessees and Sublessees signing this lease shall be jointly and severally liable for the entire rent and for the performance of all other covenants herein. Where necessary to effectuate the purpose of this lease, "Lessee" shall be read as "Lessees," "tenant," "co -lessee" or "Sublessees"; "its" shall be read as "his/her/their." Where a joint lease has been approved, and when one or more Lessees terminate this lease (with the required ninety (90) days' notice as outlined in paragraph 10, the remaining Lessee named as • Lessee of this lease (not Sublessee) see Appendix F will automatically assume full compliance of this lease effective on the termination date of the terminating party, and continuing throughout the current lease period. 22. LESSOR'S ACCESS TC LEASED PREMISES. a. Lessor shall have the right to retain a set of keys to the Leased Premises, and Lessee shall not change any locks without Lessor's prior written authorization, and without providing Lessor with keys for such new locks. The Lessee shall permit the Lessor to erect, use and maintain pipes, ducts, wiring and conduits in and through the Leased Premises. The Lessor or Lessor's agents shall have the right -o enter upon the Leased Premises with 24 hours prior written notice or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such decorations, repairs, alterations, improvements or. additions to the Leased Premises or the NCAC as the Lessor may deem necessary or desirable, and the Lessor shall be allowed to take all material into and upon Leased Premises that may be required therefore without the same constituting an eviction of the Lessee in whole or in part and the rent reserved shall in no wise abate while said decorations, repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Lessee, or otherwise. If the Lessee shall not be personally present to open and permit an entry into Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the • LESSEE DAT 10 1-0 Lessor or Lessor's agents may enter the same by using the key, or may forcibly enter the same, without rendering the Lessor or such agents liable therefore (if during such entry Lessor or Lessor's agents shall accord reasonable care to Lessee's property), and without in any manner affecting the obligations and covenants of this Lease. Nothing herein contained, however, shall be deemed or construed to impose upon the Lessor any obligations, responsibility or liability whatsoever, for the care, supervision or repair of the NCAC or any part thereof, other than as herein provided. The Lessor shall also have the right at any time without the same constituting an actual or constructive eviction and without incurring any liability to the Lessee therefore, to change the arrangement and/or location of entrances or passageways, doors and doorways, and corridors, stairs, toilets or public parts of the NCAC, and to close entrances, doors, corridors or other facilities. The Lessor shall not be liable to the Lessee for any expense, injury, loss or damage resulting from work done by persons other than Lessor in or upon, or the use of, any adjacent or nearby building, land, street, or alley. 23. NOTICES. All notices, requests, demands and other communications which are required or permitted to be given under this Lease shall be in writing and shall be deemed to have been duly given upon delivery, if delivered personally, or on the fifth (5th) day after mailing if sent by registered or certified mail, return receipt requested, first-class postage prepaid, as set forth below. Faxed communications are a convenience to the parties, and not a substitute for personal or mailed delivery. a) if the City, to: Director of Parks, Recreation & Forestry City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Fax (847) 448-8051 Phone (847) 866-2914 with a copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Fax (847) 448-8093 Phone (847) 866-2937 b) if the Lessee, at the address first above written. 24. RIDERS. All riders attached to this Lease and initialed by the Lessor and the Lessee are hereby made a part of this Lease. 25. MISCELLANEOUS a. Applicable Law. Lessee agrees to observe all applicable legislation and regulations in its tenancy and use of the Leased Premises. The law of Illinois, including its conflicts of law provisions, shall apply to interpretation and enforcement of this Lease. LESSE DAT / 11 a-2_ �x 09 • U • b. Litigation. In the event of litigation or claims(s) against the City • arising out of this Lease by anyone other than the Lessee, the Lessee shall cooperate fully with the City. In the event of litigation between the parties to this lease, the parties waive trial by jury. Venue shall be within Cook: County, Illinois. • c. Severability. In the event any provision(s) of this Lease are found by a court of competent jurisdiction to be in violation of applicable law, provision(s) unaffected thereby shall be in effect. 26. AMENDMENTS. This Lease may not be modified or amended except in writing signed by both parties hereto IN WITNESS WHEREOF, the parties have executed this lease on the day of , 2009 Signatures: ATTEST: ATTEST: ATTEST: ATTEST: • LESS LESSOR:I�� By Ll LESSEE: LESSEE:,•` LESS 12 APPENDIX A FLOOR PLAN SEE ATTACHED NOTE: Area marked in red on the floor plan above represents the path(s) to use during evacuation of the building in case of fire or fire alarm. See Appendix C, #18. Shaded areas on the floor plan(s) above represent space(s) Lessor has agreed to lease to Lessee, to be used for: and reasonable related activities of Lessee with prior written approval by the Director of Parks/Forestry & Recreation or designee. 13 • • • 4 3 r 2 r, Lo-ll'1`1-r 212 21B 219 217 274 213 0 0 NORTH 0 APPENDIX B COMMUNITY SERVICE REQUIREMENTS FOR 09/1/09 through 2/28/09; 03/01/09 through 02/28/10 REQUIRED AMOUNT: $ 755.60 TOTAL APPROVED: $755.60 Work with Shelia Oettinger and Valerie Schiff, Noyes tenants to expand "Sculpture in the Classroom" project of the North Shore Sculpture Park. Will serve 2-3 Evanston Dist. 65 title 1 schools. COMMUNITY SERVICE. All Community Service Proposals for each upcoming term must be submitted by December 1st of each year, and must be renegotiated and approved in advance of the second (3/1/09-2/28/10), and third (3/l/10- 2/28/11) terms of the lease. In the event the Lessee does not satisfactorily perform said Cultural Community Service, as outlined above during the term of the lease, the Lessee shall pay Lessor a prorated sum based on the value of the outstanding requirement that shall not exceed 15% of the total annual rent. Said prorated sum will be billed to Lessee. Community Service Activity Report forms must be submitted to the Director of Parks/Forestry & Recreation or designee no later than ten (10) days after the completion of the approved Community Service activity. Subsequent renewal of this lease shall be conditioned upon the completion of said Community Service in a manner satisfactory and acceptable to the Lessor and any other conditions as established by the Lessor and communicated in writing to Lessee. In the event fewer than all Co -Lessees terminate this Lease, upon request of the remaining Lessee, or Lessor, the Director of Parks/Forestry & Recreation or designee can require the terminating Lessee to perform its obligated Community Service requirements prior to the termination date. If the terminating Lessee does not perform its obligated Community Service requirements prior to Lease termination, the terminating Lessee will be billed, and must pay prior to termination, the sum of the unperformed community service obligation and any other charges accrued to Lessee or accrued by Lessor as a result of unperformed obligations. LES DATE 14 • • • APPENDIX C GENERAL RULES AND REGULATIONS CONDITIONS: Lessee and its staff, students, visitors, and patrons agree to follow and obey the General Rules and Regulations of the Noyes Cultural Arts Center (NCAC). Said Rules and Regulations are listed below and subject to modification as distributed and/or posted. 1. REQUIRED USAGE. Each Lessee/Sublessee/co-lessee is required to use the leased premises a minimum of 25 hours weekly. Under use of the leased space may result in termination of this lease. 2. SURCHARGE. a. All non -Evanston Residents (individuals only) are assessed a 20% surcharge on rent. The 20% surcharge will not be applicable to non -Evanston resident Sublessees if the Lessee (individuals only) is an Evanston resident. The 20% surcharge is applicable to a non -Evanston resident Sublessee only if and when the Sublessee assumes the remainder of the entire lease or a co -lease, or upon lease termination by Lessee or Lessor. In order for an Organization to be exempt from incurring a 20% surcharge, its principal place of business must be in Evanston. Organizations must attach Articles of Incorporation to this lease. b. Monthly rental charges assessed to Sublessees will not be in excess of one-half the rent charced Lessee by Lessor. A written • sublease agreement between Lessee and Sublessee must be given to Lessor covering the lease terms prior to Sublessee's use of space. The sublease agreement must include the payment schedule and the dollar amount paid by Sublessee to Lessee. Community service obligations assessed to Sublessee are in addition to the full obligation assessed to Lessee. Therefore, the community service obligations assessed to Lessee will not decrease as a result of a sublease. • 3. RESIDENT. For purposes of this lease, an individual is a "resident" of Evanston if his/her current driver's license and voters registration cards show an Evanston address. Parties must notify the Director of Parks/Forestry & Recreation or designee in writing within ten (10) days of any address change. Upon request of the Director of Parks/Forestry & Recreation or designee anytime, Lessee must promptly present a current driver's license, voter's registration card, utility bill and any other proof of residency required by the Lessor. Failure to submit notification of a non -Evanston residency will result in a retroactive assessment to include applicable late fees for each month or portion of any month for which a non -Evanston residency was established. 15 General Rules Page Two 4. NOYES CENTER NOTICES AND SIGNAGE. Lessees wishing to have banners hung, notices displayed, or other material(s) displayed on poles or in the public areas of the or grounds including Tallmadge Park and all public area activities announcement bulletin board(s), doors or walls must obtain prior written approval from the Director of Parks/Forestry & Recreation or designee before having material(s) hung or displayed. The City's Fire Ordinance Title 4, Chapter 12 or the City code and the Recreation Department's Banner Policy govern the activities listed. 5. SMOKING. Smoking is prohibited in or within 25 feet from the entrance of the NCAC by the City Code. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 6. ALCOHOL. The consumption of alcohol in the NCAC is permitted, pursuant to a Class X liquor license as stated in the Evanston City Code. Special one day licenses, which authorize the sale on the premises specified of beer and wine only. Such special one day licenses shall be issued subject to the following conditions: A. The license shall authorize the consumption of beer and wine only. B. The service of beer and wine shall only take place from ten o'clock (10:00) A.M. to ten thirty o'clock (10:30) P.M. (Sunday through Thursday) and from ten o'clock (10:00) A.M. to twelve o'clock (12:00) midnight (Friday and Saturday), provided also that food is made available during those hours. C. The license shall be issued to and valid only for the "service premises" described with particularity in the license. A license to use a particular "service premises" is not a license to use any other portion of the building. D. The application, which shall be submitted no later than thirty (30) days prior to the date of the service date sought, shall contain the following information: 1. The name of applicant, address, and phone number. 2. The "service premises" for which the license is applicable, a description of the approximate area of the service premises. 3. The hours of operation of the event, the service date, the address, completion of a signed rental agreement, security deposit, and approval of the director of parks/forestry and recreation department or his/her designee. 4. The name, telephone number, and address of the person who is responsible for conducting the event, and who will be on the LESSEE 011 DAT 16 S� q J r 1 LJ • premises during the actual event. Such person(s) must be at least twenty one (21) years of age. • 5. If alcoholic beverages are present for groups of 70-125, then one off -duty Evanston Police Officer must be hired at the tenant/lessee expense. For groups over 125, a minimum of two off -duty Evanston Police Officers must be hired at the tenant/lessee expense. E. A copy of a certificate of liquor liability insurance, naming the city as additional insured in the amount of three million dollars ($1,000,000.00) for the period during which liquor will be sold. F. The fee for a Class X liquor license shall be fifty dollars ;$50.00) for tenant/lessee and shall be deposited with the application. G. No more than one such license shall be granted at NCAC per day. 7. ACCIDENTS & POLICE REPORTS. a. Any incident/accident occurring to anyone at the NCAC whether medical attention is received or not given, while attending an activity under the direction of Lessee and/or staff member of Lessee, or pre approved user by the Lessor whether occurring in a lessee's studio space, Community Use Rental space or public area of the NCAC, must be reported on an Accident Report form obtained at the administrative office of the NCAC. Such reports are to be submitted to the Director of Parks/Forestry & Recreation or designee no later than 5pm the next City of Evanston business day or sooner following the accident. • b. Lessee is responsible for reporting to the Director of Parks/Forestry & Recreation or designee no later than the next City business day all incidents under the direction of Lessee and/or staff member of Lessee, occurring at the NCAC and/or on the NCAC grounds (Tallmadge Park adjacent to the NCAC) which result in a Police Report being made by the Evanston Police Department. Upon completing the Police Report, obtain from the Reporting Officer a card bearing the case number. Lessee will obtain a copy of the Police Report, and submit it to the Director of Parks/Forestry & Recreation or designee not later than 5pm the next City of Evanston business day cr sooner after the Police Report is available. 8. OBSTRUCTIONS. Lessee will not use, or store at any t-me, any belongings in any non leased space, or public areas of the NCAC without prior written consent of the Director of Parks/Forestry & Recreation or designee , or in any leased or non -leased space in violation of City of Evanston Fire Prevention Code F-601.1 "Obstructions," as it may be subsequently amended: "A person shall not at any time place an encumbrance of any kind before or upon any fire escape, balcony or ladder intended as a means of escape from fire. The means of egress from each part of the building, including stairways, egress doors and any panic hardware installed thereon, aisles, corridors, passageways and similar elements of the means of egress, shall at all times be maintained in a safe condition and shall be available for immediate use • and free of all obstructions." Failure to observe the provisions of LESSEE DAT 17 `7 1/ this paragraph may subject the lessee to a fine of up to $750.00 per day/per violation and/or to non -renewal of this lease. b. Lessee will not display its furnishings in any non -leased space without prior written approval of the Director of Parks/Forestry & Recreation or designee , and will not allow its staff, students, patrons or participants to conduct any practice event or events related to Lessees activities in the public areas of the NCAC . Failure to comply with this provision may result in the City's refusal to renew this lease for a second and/or third term. g. NONINTERFERENCE/TENANTS. Lessee covenants and agrees that Lessee will exercise all due caution and control to prevent any interference on the part of Lessee, its agents, employees, students, or other individuals under the care, control or influence of Lessee, with the practice of art by other tenants in the NCAC building. Lessee recognizes that, due to the use of the building wherein the leased premises are located as_a cultural art center, an extraordinary amount of patience and consideration must necessarily be exercised by all parties to promote the creation of art. 10. TIME OF USE. The NCAC building will be locked at all times when not open in accordance with the schedule posted in this lease. See Appendix E. Access to the building by Lessee, its employees, agents, guests, students, or any other individual who shall seek access to the building by nature of their relationship with Lessee, shall be limited to the hours designated by the Lessor for the NCAC's building's use. Exceptions to this provision may be made in extraordinary circumstances where Lessee applies in writing, in advance to Director of Parks/Forestry & Recreation or designee. 11. SECURITY DEPOSIT. a. Lessee, at no time during the term of this lease shall be allowed to apply any part of said Security Deposit toward payment of any monies owed under this lease or in connection with this lease. b. If Lessee fails to make repairs or redecorate as specified in Paragraph 5 of the lease, the security deposit shall remain for benefit of Lessor and will be applied toward the Lessee's unfulfilled obligations. Lessee will be billed additional costs over and beyond the amount of security deposit on file associated with returning the leased space to its original condition to include but not limited to Lessor's/Owner's staff time and materials. Upon Lessee's early termination of the lease and/or in violation of the notice requirements of Paragraph 10 of the lease, all Security Deposits will be forfeited by Lessee. In the event any part of the Security Deposit is applied during the lease term by Lessor for breach of any provision of the Lease, Lessee shall, upon rendition of an invoice by Lessor, deposit with Lessor an additional sum equal to one month's rent as additional security for the performance of all covenants and agreements of Lessee hereunder, including Community Service (see Appendix B.) Said invoice to be paid by Lessee not later than the due date as specified in the invoice. Lessor will bill Lessee for any unfulfilled Community Service 18 • • obligations specified in this lease unless Lessee secures an alternate community service activity, approved in writing, in advance by the • Director of Parks/Forestry & Recreation or designee , and performs the Community Service at an alternative agreed upon time with Lessor or as agreed upon prior to the end of this lease term. The Security Deposit will be returned to Lessee within 45 days of lease termination if money is due to Lessee and/or 45 days after Lessee fulfills lease obligations as applicable. 12. ACCESS AND KEYS. a. If access is to be gained to Lessee's studio(s) by individuals other than the Lessee, the Lessee is required to submit an "Access Form" available at the office, authorizing that individual access. Lessee will forever hold Lessor/Owner harmless for any actions and/or omissions of individuals, and for any damage to, or loss of, contents of Lessee's studio(s), mail or mailboxes. b. Keys are always the property of the City of Evanston/Lessor. Lessee will receive two keys free of charge affording access to only the particular areas leased hereunder. See lease provision 8. The Lessor prohibits the reproduction of keys. Lessee and those holding keys under Lessee will not reproduce keys. The office of the Center " will maintain records of all keys issued and returned. Keys will only be ordered and issued when the office receives a written request from the Lessee or by those names listed on Lessee's prior written authorization. The Lessee or its authorized agent will receive notification when keys are ready to be picked up. Only the individual receiving the key(s) can sign for that key(s). There will be a $3.00 charge per key for all keys except in cases where the Lessor incurs a charge more than $3.00 per key to reproduce. Payment(s) for keys must occur at the time the individual receives the key(s). Upon lease termination date, in compliance with Paragraph 4, Lessee will pay any cost relating to the lock/core repair or replacement if Lessor requests this change or if all keys issued under Lessee's or Lessees' designees authorization are not returned or anytime during this lease if the Director of Parks/Forestry & Recreation or designee, determines that any such replacement is necessary. No part of Lessees' Security Deposit will be returned until all property of the City of Evanston has been returned and all obligations are fulfilled in accordance with the provisions recited in this lease. 13. STORAGE, DANGEROUS MATERIALS. a. It shall be unlawful and shall constitute grounds for immediate termination of this lease if Lessee engages in any activity involving the handling, storage, or use of materials or substances which are flammable or of materials, substances, or devices which are hazardous, as defined in section -" F2302.0 of the BOCA National Fire Prevention Code of 1993, or to maintain, store, or use any such flammable or hazardous materials or to conduct processes producing such flammable or hazardous conditions, except with the prior written request and prior written.approval of the Director of Parks/Forestry & Recreation or designee, and the Evanston Fire Department and in accordance with all applicable legislation. The • code is strictly enforced., Violations are punishable by fines up to LESSEE DAT 19 and including $750.00 and may constitute a breach of this lease resulting in termination. b. Lessee will not use or permit the use or storage on the premises of materials for which ventilation is required for safe usage without the prior written consent of Lessor or the Director of Parks/Forestry & Recreation or designee. Lessee will store all potentially dangerous and/or flammable materials in a fireproof cabinet(s) and/or fireproof container(s) at all times when not in use. The decision of the Lessor, or Director of Parks/Forestry & Recreation or designee with reference to the nature of the materials and its safe usage shall be conclusive. The Director of Parks/Forestry & Recreation or designee and/or Fire Department officials will perform unannounced periodic Fire/Safety inspections in all leased spaces for compliance. All Lessees must grant access for same. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 14. DISPOSAL OF REFUSE It is the responsibility of the Lessee to discard its own refuse into the exterior dumpster that does not fit in a standard 20" X 15" trash receptacle. The City of Evanston is not equipped to and does not pick up construction debris to include drywall or cement. However as a courtesy to Lessee, the City will allow Lessee to discard its refuse specified in this paragraph. The City reserves the right to not provide this service at any time during this Lease. Lessee will observe the following guidelines: All refuse must be bagged to prevent blowing or scattering. At no time will Lessee discard refuse in the City dumpsters causing the dumpster to total over 500 lbs. per refuse pick-up by the City. The City will accept scrap metal. All scrap metal is to be placed neatly inside the dumpster area. Scrap metal and bulk pick ups are by appointment and are not collected by the regular crew. It is the Lessee's responsibility to notify Streets & Sanitation at (847) 866-2940 to pick up any refuse that is placed outside the dumpster. The weight of the scrap metal will not be added to the refuse weight placed in the dumpsters. All items including wood to be discarded must be broken up into sizes not to exceed 2'x2'x2'. At no time will Lessee be permitted to discard any bulk wood (tree branches, tree stumps, larger than 3 inches in diameter) or hazardous waste to include: gas, oil, asbestos, medical waste, car parts, tires, aerosol paints, antifreeze, cleaning products, drain cleaners, fluorescent lamp bulbs, hobby chemicals, oil -based paints, household batteries, insecticides, lawn chemicals, old gasoline, paint thinners, pool chemicals, pesticides, solvents, used motor oil and herbicides, latex paints, agricultural wastes, farm machinery oil, explosives, fire extinguishers, fireworks, lead acid batteries propane tanks, smoke detectors, farm machinery oil, institutional wastes, and business/commercial sector wastes. Hazardous waste collection sites around Chicago land provided by the Illinois Environmental Protection Agency (IEPA) include: Naperville, IL. Fire Station LESSEE 20 • n • #4, 1971 Brookdale Rd. and Rockford, IL. Rock River Reclamation District, 333 Kishwaukee (815) 967-6737. 15. SPACE HEATERS. Lessee shall abide by the manufacturer's safety information before using a space heater. Heaters shall have the UL, FM or other testing agency label. Space heaters shall have tip -over protection; audible alarm or automatic shut off. Do not leave the heater unattended. Space heaters shall have safety features if the device overheats. In addition, space heaters will not be used in conjunction with extension cords. When operating, space heaters must have at least three feet of clear, unobstructed space in all directions. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 16. COMBUSTIBLES. All combustibles are to be kept a minimum of three feet away from electrical equipment. All combustible and flammable materials shall be stored in accordance with Fire Code. It is the responsibility of the Lessee to provide the appropriate storage cabinets. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 17. EXTENSION CORDS. Extension cords are permitted as long as acceptable load limits are not exceeded. "Fire Prevention Code Section F-310.5 Extension Cords: Extension cords and flexible cords shall not be a substitute for permanent wiring." If space heaters are continued to be used, permanent wiring shall be installed. Surge protectors can be used only in relationship to operate office computer related • equipment. 18. FIRE EVACUATION PLAN. It will be the Lessee's responsibility to post in its studios a copy of the fire evacuation plan and to inform its studio users of the evacuation plan. When the Fire Alarm sounds, whether it is a fire, false alarm, or fire drill, everyone is to evacuate the Center immediately and safely. Leased spaces are to be Left unlocked in case Fire Fighters need access. The meeting place during fire emergencies is Tallmadge Park, just north of the NCAC parking lot. Individuals other than the Fire Department and designated authorities are not to block and/or occupy the parking lot, pavement areas or sidewalks around perimeter of the Center. Everyone is to remain on the Tallmadge Park grounds grass area until advised otherwise by either the Fire Department or Staff. The code is strictly enforced. Violations are punishable by fines up to and including $750.00 and may constitute a breach of this lease resulting in termination. 19. ELEVATOR AND CHAIR LIFT. The Elevator and chair lift are to be used to transport passengers only. 20. LESSEE/CO-LESSEE. In the event a co -lessee (not Sublessee) terminates its lease, the Lessor will determine if the space will be put on the market for lease or accept the remaining party as the sole leaseholder of the space. See Appendix F. The remaining party can request approval from the City of Evanston that another party be approved to • LESSEE /�DA)TF,/21 / / i either sublease or co -lease for the duration of the lease term or shorter term. All guidelines outlined in the NCAC's Studio application packet must be adhered to. Full compliance includes full payments for Security Deposits, Community Service Activity, rent, as well as all other obligations imposed hereunder by this lease. Upon the Director of Parks/Forestry & Recreation or designee's direction or upon the request of the remaining Lessee, the Director of Parks/Forestry & Recreation or designee can require the terminating Lessee to perform their obligated Community Service requirements at an arranged rescheduled time or prior to terminating and/or prior to the lease termination date. If the terminating Lessee does not perform its obligated Community Service requirement, the terminating Lessee will be billed and will promptly pay the sum of the unperformed obligation. 21. ENTRY BY LESSOR. Lessee shall not unreasonably withhold consent to the Lessor to enter the Leased Premises in order to inspect the premises, make necessary or agreed repairs, decorating, alterations, improvements, supply necessary or agreed services or show the unit to prospective or actual purchasers, mortgagees, tenants or workmen. The Lessor may enter the unit without consent of the Lessee in case of emergency. and/or to perform Fire/Safety inspections, heating, air conditioning, and ventilation inspection/work as necessary or to assess other possible problems or work as required. The Lessor shall not abuse the right of access or use it to harass the Lessee. Except in cases of emergencies, or unless it is impracticable to do so, the Lessor shall give the Lessee at least twenty-four (24) hours notice of its intent to enter and may enter only at reasonable times. 21. ABANDONMENT. Lessee is required to notify the Director of Parks/Forestry & Recreation or designee if Lessee will not occupy its studio for more than seven consecutive days. If the Lessee abandons the unit for thirty (30) consecutive days or more, Lessor shall attempt to rent the unit at the current rental rate. This shall include the acceptance of reasonable subleases. If the Lessor succeeds in renting the unit at the current rental rate, the abandoning Lessee shall be liable for the amount due from the date of abandonment to the new rental agreement approved by the Lessor. If the Lessor is unsuccessful at re -renting the unit, the abandoning Lessee shall be liable for rent due for the period of the rental agreement. In either event, the Lessee shall be liable for all expenses incurred by Lessor or imposed by Lessor as a result of Lessees abandonment or non use of space. 22. PARKING REGULATIONS. Annual parking permits fees will be billed separately in monthly installments to the Lessee and are to be paid on or before the first of each month. Parking permit fees are not prorated. All annual parking permits issued will be billed for the entire year and are not returnable with the exception of permits which are transferred. There will be a $25.00 transfer fee assessed for all annual permits which are to be reissued unless: 1) either the old permit or remnants of the old permit is returned displaying the lot number and the permit number minimally; or 2) proof by a bill of sale is produced as evidence of no longer owning the vehicle. Monthly, and annual parking permits for the NCAC parking Lot #51 are LESSEE r , DATE • • 22 • authorized only for leaseholders, sublessees, staff and/or students attending classes at Noyes on a regular basis. Parking permits are not • to be transferred to vehicles other than the vehicle for which the permit was issued unless prior written approval by the Director of Parks/Forestry & Recreation is obtained. Parking Permit privileges is limited to attendance at the NCAC. Parking Permit privileges will be considered by the Director of Parks/Forestry & Recreation or designee for other regular NCAC users on a case -by -case basis. All Authorization Forms must be signed by the Leaseholder or the Leaseholder's prior written and arranged designee, and by air NCAC staff member before parking permits can be pu--chased. Temporary one day parking permits are available for individuals attending special functions at the Center, and for visitors, and others who are pre-apprcved by the Director of Parks/Forestry & Recreation or designee. Temporary parking permits are not available to parents or caregivers waiting for students attending classes. Lessee understands, and will inform its staff, students and patrons to observe all posted parking regulations. Parking permits will not be issued to individuals with an expired drivers license. Resolution of all parking citations issued to Lessee for the NCAC lot is a prerequisite to renewal of this Lease. • • LESSEE DATE , I 23 APPENDIX D OTHER COSTS 1. COMMUNITY USE SPACES. Lessee shall have the right to use only the leased premises described on page #1 in the lease for the operation of its day-to-day activities as written in Appendix A. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks/Forestry & Recreation or designee , make use of certain other areas, i.e., the Theatre, Studio #106 or the Noyes Center Galleries (see info on Gallery usage below) or other areas on a fee basis. (See fee matrix attached for Lessee rates.) Lessees using the above spaces for purposes other than arts activities or an arts activity other than as written in Appendix A will be charged rates as established for nonresident Lessee users posted in the community use rental guidelines and may be required to provide additional insurance. When the use of said areas involves the execution of a community service project and when the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks/Forestry & Recreation or designee upon written request and prior approval for the arrangement. Rental cost of Community Use space waived will not be in excess of the dollar value of the required community service project. See Appendix B. 2. NOYES CENTER GALLERY. Lessee may from time to time, pursuant to arrangements made in advance with and approved by the Director of Parks/Forestry & Recreation or designee make use of the Noyes Center Gallery(ies) on a fee basis at rates established. If the use of said areas involves the execution of a community service project where the Lessee offers a program of cultural significance to the public free of charge, such rates may be waived at the discretion of the Director of Parks/Forestry & Recreation or designee upon written request and prior approval for the arrangement, made at the time the community service.project is proposed. In extenuating circumstances a request may also be made at least thirty (30) calendar days before the community service project. 3. UTILITIES. a. Lessor agrees to pay all water, gas, and light charges however, additional fees as listed on the (see Appendix D, Page Four) attached fee matrix could apply anytime and/or if excessive usage as determined by lessor occurs any time during the term of the Lease. b. Lessees will be billed for the use of air conditioners and air - handling units. The fees are assessed for the months of June, July, August and September. The monthly fee assessment applies to each air conditioning and/or air handling unit used in each studio. Window air- conditioning units must be removed if not in use, and window, window sills, frames, glass and screens must be restored to their original condition with the same material and quality as that installed at time of occupancy, and at Lessee's expense. Square footage will not be LESSEE / V, 24 is • • combined to calculate the use of air conditioners for more than one leased space. Fees will not be prorated for partial month's use of air • conditioners or air handling units. Additional monthly fees will be assessed to Lessee if air conditioners and/or air handling units are used during other months and will not be prorated. Air conditioner units can be left in windows if prior written permission is obtained from the Director of Parks/Forestry & Recreation or designee. Air conditioning units must be properly insulated to minimize energy exhaustion as determined by Lessor. Failure to remove air-conditioning units from October 1st through May 315t of each year will result in an assessment of usage charge for each month or any portion of a month the air-conditioning units are installed. See attached (Appendix D Utility Fees and Other Charges Associated with NCAC) 5. ASSOCIATED EXPENSES. If for any reason attributable to Lessee or those holding under Lessee, a Noyes staff member, Facilities Management staff, Contractor/Sub-Contractor, or agent of the City of Evanston has to return to the n holidays or after the employee's normal work shift(s), Lessee will incur the cost of that employee's salary, plus any charges imposed on or billed to the /CITY OF EVANSTON by service agencies such as the Security Alarm Contractors, the Evanston Police and/or Fire Department, or any other charge the City incurs as a result of such extra work. Lessee shall pay all costs associated with, but not limited to: telephone installation(s) or other telephone service(s), parking permits, custodial and/or staff overtime charges, and other charges as outlined in this lease or necessitated by the nature of Lessee' s/Sublessee' s activities or actions. Prior written approval is • needed from the Director of Parks/Forestry & Recreation or designee in order to perform any licensed trade work, such as but not limited to additional electrical power provided to Lessee's studio (s), installation or relocation of electrical outlets, plumbing, carpentry work, set building for performance productions, any and all construction of temporary or permanent installations connected to or resting on the foundations walls, ceilings, floors and/or existing surfaces prior to and during Lessees lease of the space. All such work must be performed pursuant to applicable permits and in accordance with all applicable legislation. Lessee's failure to obtain prior written approval and/or applicable permits before performing any licensed trade work may at Lessor's option constitute a material breach of this Lease and result in termination of this lease. • LESSEE DATE 25 @Q f_ 6 Appendix D FY 09110 FEE DESCRIPTION NOTES AIR CONDITIONERS & AIR I $ 91.00 Monthly fee for studios ranging between 1-500 sq. ft. HANDLING UNITS " $ 122.00 jMonthly fee for studios ranging over 500 and up to 1,000 sq. ft. $ 152.00 1Monthly fee for studios ranging over 1,000 and up to 2000 sq. ft. " $ 181.00 Monthly fee for studios over 2,000 sq. ft. i KEYS $ 5.00 First two (2) keys to all Leased spaces with a Lessor installed lock are free. KILNS j TBA ;Monthly fee for tabletop models ° i TBA 'Monthly fee for floor models ' NOYES GALLERIES I $ 40.00 (Hourly rate for all users i PARKING - LOT #51 $ 26.00 Monthly fee for each permit for Leaseholders & Sublessees it of $ 16.00 (Monthly fee for all non -Leaseholders & Sublessees " If " I $ 3.00 jDaily fee for each permit j Flat daily rate for all users if Bldg. is occupied other than normal Bldg. SERVICE (UTILITY) FEE is 66.00 hours. See Appendix E. I STUDIO #106 i $ 20.00 Tenant rate/hourly for performances relative to lease !Same rate if Theatre is used $ 20.00 Tenant rate/hourly for all other arts activities relative to lease ;Same rate if Theatre is used $ 40.00 (Tenant rate/hourly for reception relative to Lessee's approved activities. OBSERVED HOLIDAYS 2009 • Memorial Day, Monday, May 25, 2009 • Fourth of July, Friday, July 3, 2009 • Labor Day, Monday, September 7, 2009 • Thanksgiving (Thursday, November 26, 2009) and the day after Thanksgiving (Friday, November 27, 2009) • Christmas Eve (Thursday, December 24, 2009) and Christmas Day (Friday, December 25, 2009) • New Year's Day, Friday, January 1, 2010 LESSEE: _ DATE: LESSEE: ,�G�G DATE: D - - LESSEE: (` z7(?e (DATE: /� D • • APPENDIX E TIME OF USE 1. TIME OF USE. Lessee will have the right to use its leased premises only during normal hours and days of operation of the NCAC. Said normal hours may be changed by the Lessor. In the event of such changes, resulting in a reduction of hours, Lessee will not be entitled to a reduction in rent or community service obligations. Unless required by the City's best interests or particular existing conditions the hours shall be open hours between 7:30 a.m. and 11:00 p.m., Monday through Saturday, and 10:00 a.m. and 6:00 p.m., Sunday. The Center will be closed on holidays/days as observed by the City of Evanston. Lessee understand and agrees that Lessee's rent wil- not be reduced for the weeks in which the aforesaid holidays occur. (See appendix D) The Director of Parks/Forestry & Recreation or designee wil- notify Lessee of additional dates the NCAC will be closed in addition to those dates stated in Appendix D. The Lessee may, by written arrangement with the Director of Parks/Forestry & Recreation or designee, use the leased premises or other rental spaces during other than normal hours and days of operation. In this event, Lessee will pay for overtime Custodial charges necessary to keep/have the Center open beyond normal building hours in addition to a $64.00 service fee utility charge), and rental charges associated with rental space and equipment if applicable. 26 APPENDIX F TERMINATION OF ONE CO -LESSEE In the event fewer than all Co -Lessees terminate this Lease, the remaining Lessee can request approval from the Lessor that another party be approved to either sublease or co -lease for the duration of the lease term. All guidelines outlined in the Studio application packet must be adhered to. If remaining Lessee (co -lessee, not Sublessee) is the only person now on the Lease and is not an Evanston resident, said non -Evanston resident is eligible to be accepted as the sole Lessee by the Lessor and/or through termination date of the lease. The non -Evanston resident will assume the 20% surcharge for the entire space if they are accepted as the sole Lessee and the surcharge will not exceed cost applicable to total square feet of leased space. If the remaining party was approved as a Sublessee, the Sublessee's term will end at the same time the Lessee's term ends and the Leased Premises will be placed on the market. The Sublessee may reapply along with other applicants applying for the Leased Premises. LESSEE DA �7 27 r1 u • • • r L J APPENDIX G Noyes Lease for Term: 9/1/09 through 2/28/10 INSURANCE REQUIREMENTS TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Thirty day notice of cancellation Bodily Injury and Required on all certificates Property Damage Consequent Death Each Occurrence Aqqreqate Commercial General Liability including: $1,000,000 $1,000,000 1. Comprehensive form 2. Premises - Operations 3. Explosion & Collapse Hazard 4. Underground Hazard 5. Products/Completed Operations Hazard 6. Contractual Insurance - With an The Insurance endorsement on the face of Certificate Must the certificate that it includes State That The the "indemnity" language set forth City of Evanston in paragraph 13 of the lease. is Named. as Additional Insured 7. Broad Form Property Damage - construction projects only. 8. Independent contractors 9. Personal Injury. Automobile Liability Owned, Non -owned or Rented (as related To Tenants activities for leased space) $1,000,000 $1,000,000 Workmen's Compensation and Occupational Diseases Employer's Liability LESSE l As required by applicable laws. $500,000 28 TERM ADA (ERD) (its) (LESSEE) ( LESSOR) (NCAC) (OSHA) (RESIDENT) LFSSFF APPENDIX H MISCELLANEOUS DEFINITIONS DEFINITION Americans With Disabilities Act Evanston Parks/Forestry & Recreation Department His/Her/Their Lease Holder: Lessees, Co -Lessees, Sublessees City of Evanston Noyes Cultural Art Center Occupational Health and Safety Act of 1980 If current drivers license and voters registration card shows residency in Evanston YDATr� _/erg ebo DCf" 29 • 11