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HomeMy WebLinkAboutRESOLUTIONS-2012-041-R-12• 5/3/2012 41-R-12 A RESOLUTION Authorizing the City Manager to Enter Into Lease Agreements with the United States Postal Service for Parking in the City Parking Garage, 1800 Maple Avenue, and City Parking Lot 25, 1612-1616 Maple Avenue WHEREAS, the City of Evanston ("City") owns a parking garage at the location commonly known as 1800 Maple Avenue in Evanston, Illinois, and a parking lot at the location commonly !known as 1612 — 1616 Maple Avenue; and WHEREAS, the City currently leases 44 parking spaces in said parking garage and 24 parking spaces in said parking lot to the United States Postal Service ("USPS"). Said leases will expire October 31, 2012; and 61 WHEREAS, the USPS wishes to continue leasing said parking spaces through October 31, 2016; and WHEREAS, the City Council of the City of Evanston has determined that the best interests of the City would be served by the continued leasing of said parking to, and executing of leases with, the USPS; and WHEREAS, pursuant to the Evanston City Code of 1979, as amended, Subsection 1-17-4-1, the City Council may authorize by resolution leases of parking, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILILINOIS THAT: SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk hereby authorized and directed to attest on behalf of the City, a lease n 41-R-12 between the Cityand the USPS for parking in the City Parkin Garage, 1800 Maple P 9 tY 9 9� p Avenue, attached hereto as Exhibit A and incorporated herein by reference. SECTION 2: 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, a lease between the City and the USPS for parking in City Parking Lot 25, 1612 - 1616 Maple Avenue, attached hereto as Exhibit B and incorporated herein by reference. SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of said leases as he may determine to be in the best interests of the City. SECTION 4: This Resolution shall be in full force and effect from and after its adoption. Eliz b th B. Tisdahl, Mayor Attes I o(dney(16reene, City Clerk Adopted: )-Y) (LU 961 2012 -2- • EXHIBIT A • • USPS Lease Agreement for parking in the City Parking Garage -1800 Maple Avenue -3- x • UNITED STATES POSTAL SERVICE,,,, Lease EVANSTON - CITY PARKING GARAGE (162622-003) • 1800 Maple Street, EVANSTON, IL 60201-9998 E • is AUNITED ST/�TES POSTAL SERVICE Lease Facility Name/Location EVANSTON - CITY PARKING GARAGE (162622-003) County: Cook 1800 Maple Street, EVANSTON, IL 60201-9998 Lease: J00000399394 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the 'General Conditions to U.S. Postal Service Lease,' attached hereto and made a part hereof. Upon which is a multi -tenant, steel frame building and which property contains areas, spaces, improvements, and appurtenances as follows: AREA SQ. FEET Net Interior Floor Space 13,200 Gross Rentable SF of Building 30,000 USPS occupies 47.52% - 44 parking spaces in a self parking garage Total Site Area: 13,200.00 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective November 01, 2012 with an expiration date of October 31, 2016, for a total of 4 Years. 3. RENTAL: The Postal Service will pay the Landlord an annual rent of: See Addendum. Rent checks shall be payable to: CITY OF EVANSTON CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 February 2004 UNITEDSTATES POSTAL SERVICE 4. RENEWAL OPTIONS: None Lease 5. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: Utilities Services & Equipment Rider, Maintenance Rider - Landlord Responsibility, Mortgagee's Agreement. See Attached Addendum. • 6. TERMINATION: None, except as specified elsewhere in this Lease. 7. LEGAL DESCRIPTION: Maple Avenue Parking Garage located at 1800 Maple Avenue, Evanston Illinois. • February 2004 UNITEDSTATES Addendum POSTAL SERVICE_ Facility Name/Location EVANSTON - CITY PARKING GARAGE (162622-003) County: Cook 1800 Maple Street, EVANSTON, IL 60201-9998 Lease: J00000399394 3. RENTAL: The Postal Service will pay the Landlord an annual rental of: $50,160.00 beginning November 01, 2012 and ending October 31, 2014 $52,800.00 beginning November 01, 2014 and ending October 31, 2016 payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. 1. Landlord may, at its option, relocate the Postal Service's parking spaces to a different area within the premises by providing a ten (10) day written notice to the Postal Service. Newly assigned spaces shall be in the covered parking areas, and the number of spaces dedicated exclusively for Postal Service use shall remain at or greater than 44. 2. Paragraph 6 of the General Conditions concerning subleasing has been deleted in its entirety. 3. Paragraph 4 of the Utilities, Services & Equipment Rider has been amended to read: Landlord is responsible for replacement of light bulbs. 4. The Lease may be terminated by either party any time after 10-31-14 by providing written notice to the other party at least 180 days prior to the effective date of the proposed termination. • • February 2004 3 UNITED STATES POSTAL SERVICE. Lease EXECUTED BY LANDLORD this day of GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: CITY OF EVANSTON Name & Title: Wally Bobkiewicz, City Manager Name & Title: Name & Tite: Name & Title: Landlord's Address: CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 Landlord's Telephone Number(s): E-mail Address: Federal Tax Identification No.: XX-XXX5870 0 Witness Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: Bryant J Schroeder Contracting Officer Signature of Contracting Officer Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 Address of Contracting Officer LEASE (June 2003) 4 ����---- UAt1TED STATES POSTAL SERVICE EXECUTED BY LANDLORD this Uf day of Jun -e, GOVERNMENTAL (ENTITY Lease By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: CITY OF EVA'NSTON JA )4ItJALL-y T�i3ra J G� ry �1 Name & Titlt�la08obkievaiK, City Manager Name & Title: ` Name & Title: Name & Title: Landlord's Address: CITY MANAGER 2100 RIDGE AVE EVANSTON, IL 60201-2790 Landlord's Telephone Number(s): E-mail Address: • Federal Tax Identification No.: XX-XXX5870 Approved as to form.- �Z,, �� _ v " ( ay. Witrf�s"s Witness b' . Grant Farrar Corporation Counsel • a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) Furports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be In writing and submitted to "Contracting Officer, U.S. Postal Service" at the. address specified below, or at an address that the Postal Service has otherwise directed in writing. ACCEPTANCE BY THE POSTAL SERVICE Date: t, b R Bryant J Schroeder ,r,, Contracting Officer atu of bon­tKc­t—!nqWfjcer Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 Address of Contracting Officer LEASE (June 2003) 4 UNITED STATES POSTAL SERVICE. 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT General Conditions to USPS Lease If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one parry as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Pcstal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer, and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; and 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transferof Tide to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer, and in the case of new leased space projects, the lease may only be assigned or ownership of the property transferred following commencement of the fixed tern, unless prior written consent is obtained from the Postal Service. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. RESTORATION AND ALTERATIONS a. Upon written notification by Landlord within 30 days of the expiration or termination of this Lease, the Postal Service shall restore the premises to a "broom dean" and usable condition, excepting the following: reasonable and ordinary wear and tear, and damages by the elements or by circumstances over which the Postal Service has no control. If Landlord provides the above notice, the Postal Service and Landlord shall negotiate and reach agreement on necessary items of restoration and the reasonable cost for restoration; the Postal Service shall pay Landlord this agreed - upon amount and shall have no further restoration duties under this Lease. b. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby 10 leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. gencond2 Oct 2006 GC-1 LINITEOSTATES General Conditions to USPS Lease POSTAL SERVICE. 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ('the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. , I h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUSITOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disdose, to the best of its knowledge, the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information concerning the presence of lead -based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other rreans, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. gencond2 Oct 2006 cc-2 UNITEDSTATES General Conditions to USPS Lease POSTAL SERVICE_ The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that, to the best of its knowledge, the properly and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; b. that, to the best of its knowledge, there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead -based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity conceming any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible atwww.usDs.com/publications. Clause 1-5, Gratuities or Gilts (March 2006) Clause 1-6, Contingent Fees (March 20061 Clause 9-3, Davis -Bacon Act(March 2006)I Clause 9-7, Equal Opportunity(March 20OW Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 20OW Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 102 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. ° For leases aggregating payments of $25,000 or more. gencond2 Oct2006 Go-3 jRm UNITED STATES AQSTAL SERVICE - Maintenance Rider Landlord Responsibility 1. The Landlord shall, except as otherwise specified herein and except for damage resulting from the act or negligence of Postal Service agents or employees, maintain the demised premises, including the building and any and all equipment, fixtures, systems, and appurtenances, whether severable or non -severable, furnished by the Landlord under this Lease, in good repair and tenantable condition, during the continuance of the Lease. Landlord's duties include repair and replacement as necessary. Notwithstanding the above, the Postal Service will be responsible for regular cleaning of gutters and downspouts connected to the outer edge (i.e., the eaves area) of the roof; Landlord will be responsible for regular cleaning of any other gutters, downspouts, troughs, scuppers, roof drains, etc. For the purpose of so maintaining said premises and property, the Landlord may, at reasonable times, and upon reasonable notice to the facility manager, enter and inspect the same and make any necessary repairs thereto. 2. Landlord is responsible for inspection, prevention and eradication of termites and any other wood -eating insects and for repairs of any damage resulting therefrom during the continuance of the Lease. 3. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the lease, and at least once every five (5) years during the continuance of the lease unless required more often because of damage from fire or other casualty, or unless the time period is specifically modified in writing by the Contracting Officer. Landlord is required to apply only one coat of paint. USPS will be responsible for cost of additional coats of paint, including application costs. USPS will be responsible for movi ng furniture and equipment away from walls as required. 4. Any heating system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; such system must be capable of providing a uniform temperature of at least 65 degrees Fahrenheit (65°F.) in all enclosed portions of the demised premises (excluding the rear vestibule) at all times. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system, any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. The Postal Service shall be responsible for regular replacement of filters. Boilers (heating and hot water supply) and unfired pressure vessels provided by the Landlord as part of the leased premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and Vill; National Fire Prevention Association (NFPA)-70, National Electric Code; and/or ASME Safety Code No. CSD-1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA-54, National Fuel Gas Code; and NFPA-31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute/American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by the Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. 5. Any elevators, escalators and dumbwaiters provided by the Landlord as part of the leased premises shall be maintained, and, if necessary, replaced by the Landlord during the continuance of the Lease in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI/ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. Landlordmain 1 0612005. ANAuNITEDsr'drE5 Maintenance Rider QSTdL SERVICE_ Landlord Responsibility 6. Any air-conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; air-conditioning must be capable of providing a uniform temperature of no greater than 78 degrees Fahrenheit (78°F.) in all enclosed portions of the demised premises at all times. Landlord shall be responsible for servicing of the air-conditioning equipment during the continuance of the Lease, including, refrigerant as required for proper operation of the equipment. The Postal Service shall be responsible for regular replacement of filters. 7. Any electrical/power system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider. 8. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by the Landlord shall be maintained, and if necessary, replaced by the Landlord during the continuance of the Lease. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of -Service (POS) equipment. 9. Whether public or private water or sewer systems are provided, said systems are to be maintained and replaced by the Landlord during the continuance of the Lease, including any inspections that may be required. 10. If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or are otherwise determined by the Postal Service to be unfit for use and occupancy, or whenever there is a need for maintenance, repair, or replacement which is the Landlord's obligation under this Maintenance Rider, the Postal Service will require the Landlord to rebuild or repair the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. The Postal Service will, except in emergencies, provide the Landlord with written notice stating a reasonable time period for completion of all necessary repairs. (A copy of any such notice shall be sent to the Landlord's mortgagee and any assignee of monies due or to become due under this Lease whose names and addresses have been furnished to the Postal Service by the Landlord. Failure to give such written notice to the Landlord or to the mortgagee or assignee shall not affect the Postal Service's rights to recover expended costs under this provision, provided that the costs expended by the Postal Service are reasonable in amount.) The Postal Service, acting through the Contracting Officer, may proportionately abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such condition. If the Landlord (or the mortgagee or assignee, on behalf of the Landlord) fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, the Postal Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus any administrative cost and/or interest, from rental payments due or to become due under this Lease. Alternatively, the Contracting Officer may, if the demised premises are determined to be untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety, without liability. The remedies provided in this section are non exclusive and are in addition to any remedies available to the Postal Service under applicable law. 11. The Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); and Landlordmalnl 0612005. log UNITED STATES Maintenance Rider POSTAL SERVICE_ Landlord Responsibility b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with a; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this agreement; and (2) Postal Service employees; and (3) the public. The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any subcontract must be deemed to refer to the subcontractor. • Landiordmaint 0612006. i • • UNITED STATES . POSTAL SERVICE_ Facility Name/Location EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 1. HEAT Not Applicable 2. AIR CONDITIONING Not Applicable Utilities, Services, & Equipment Rider County: Cook Lease:J00000399394 3. ELECTRICITY Landlord must furnish an electrical system in good working order, in accordance with the Maintenance Rider, and pay for all recurring electric bills, during the continuance of the Lease. 4. LIGHT Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider, during the continuance of the lease. Landlord is not responsible for replacement of light bulbs. February 2004 U-1 UNITEDSTATES r� POSTAL SERVICE_ Utilities, Services, & Equipment Rider 1. S. WATER Not Applicable 6. SEWER Not Applicable r] 7. TRASH The Landlord agrees to furnish and pay for all trash removal for the demised premises during the continuance of the Lease. SNOW The Landlord agrees to furnish and pay for the timely removal of snow and ice from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the postal facility for use by postal employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.) during the continuance of the Lease. 9 February 2004 11-2 Fl 0 JOUNITEDSTATES POSTAL SERVICE - Facility Name/Location EVANSTON - CITY PARKING GARAGE (162622-003) 1800 Maple Street, EVANSTON, IL 60201-9998 Mortgagee's Agreement (To be executed and attached to lease) County: Cook Lease:J00000399394 The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of on the property situated at: hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. MORTGAGEE Name of Mortgage Company By: Witness Signature of Mortgagee's Officer Its: Title of Mortgagee's Officer Street Address City, State and ZIP+4 Subscribed and Sworn to before me, a notary public, in and for County, State of this day of , 0 Notary Public My commission expires February 2004 M-1 41-R-12 EXHIBIT B 0 USPS Lease Agreement for parking in City Parking Lot 25—1612-1616 Maple Avenue • • mc • UNITED STATES POSTAL SERVICE,,,, Ground Lease • EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 UNITEDSTATES rO POSTAL SERVICE Ground Lease Facility Name/Location EVANSTON - SEDAN PARKING (162622-004) 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 County: Cook Lease:J00000399441 This Lease made and entered into by and between CITY OF EVANSTON hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the 'General Conditions to USPS Ground Lease,' attached hereto and made a part hereof: 24 Parking Spaces located in City Parking Lot #25 Total Site Area: 7,280.00 Sq. Ft. 2. RENTAL: The Postal Service will pay the Landlord an annual rent of: See Addendum. Rent checks shall be payable to: CITY OF EVANSTON ATTN: RICKEY A VOSS PKG MGR, DIV OF TRANS, PUBLIC WORKS 2100 RIDGE AVE EVANSTON, IL 60201-2798 3. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective November 01, 2012 with an expiration date of October 31, 2016, for a total of 4 Years. 'a February 2004 UNITED5TATES J POSTAL SERVICE 4 RENEWAL OPTIONS: None 5. TERMINATION: None, except as specified elsewhere in this Lease. Ground Lease 6. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and/or forms were agreed upon prior to execution and made a part hereof: is 1. Paragraph 6 of the General Conditions concerning subleasing has been deleted in its entirety. 2. Postal Service shall have exclusive rights to the lot and City agrees to maintain asphalt surface. 3. Postal Service agrees to provide cleaning, trash and snow removal within the fenced area. 4. The Lease may be terminated; by either party any time after 10-31-14 by providing written notice to the other party at least 180 days prior to the effective date of the proposed termination. 7. LEGAL DESCRIPTION: A portion of the City of Evanston City Parking Lot #2 legally described as: The eastern most 102 feet of Lots 7, 8, and 9, in the resubdivision of Lots 11 and 12 in Block 67, Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, City of Evanston, Cook County, Illinois. • February 2004 2 UNITEDSTATES Addendum POSTAL SERVICE_ Facility Name/Location EVANSTON - SEDAN PARKING (162622-004) County: Cook 1612-1616 Maple Avenue, EVANSTON, IL 60201-9998 Lease: J00000399441 2. RENTAL: The Postal Service will pay the Landlord an annual rental of: $27,360.00 beginning November 01, 2012 and ending October 31, 2014 $28,800.00 beginning November 01, 2014 and ending October 31, 2016 payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. 9 is February 2004 3 L III UNITED STLITES POSTAL SERVICE EXECUTED BY LANDLORD this day of GOVERNMENTAL ENTITY Ground Lease By executing this Lease, Landlord certifies that Landlord Is not a USPS employee or contract employee (or an Immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name ofGovernmental Entity: Wally Bobkiewicz, City Manager— City of Evanston '00 i3 Lac" r G -z Cl r y `Name & Titl Name & Title: Name & Title: Name & Tide: Landlord's Address: 2100 RIDGE AVE EVANSTON, IL 60201-2716 Landlord's Telephone Number(s): (847) 866 - 2922 (847) 4.48 - $118 Federal Tax Identification No.: XX-XXX5870 Approved as to forme Witness Witness! 41',U'"W6� W. Grant Farrar Corporation Counsel a, Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. Date: b Bryant J Schroeder Contracting Officer ACCEPTANCE BY THE POSTAL SERVICE -/-� / C-1- Signature of ontracting Officer Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 Address of Contracting Officer 0 Signature Page Grdlease Gvt. Entity (April 2009) 4 r -UUNITED STATES POSTAL SERVICE. EXECUTED BY LANDLORD this day of Ground Lease GOVERNMENTAL ENTITY By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of Governmental Entity: Wally Bobkiewicz, City Manager Name & Title: Name & Title: Name & Title: Name & Title: Landlord's Address: 2100 RIDGE AVE EVANSTON, IL 60201-2716 Landlord's Telephone Number(s): (847) 866 - 2922 (847) 448 - 8118 Federal Tax Identification No.: XX-XXX5870 0 Witness 0 Witness a. Where the Landlord is a governmental entity or other municipal entity, the Lease must be accompanied by documentary evidence affirming the authority of the signatory(ies) to execute the Lease to bind the governmental entity or municipal entity for which he (or they) purports to act. b. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below. or at an address that the Postal Service has otherwise directed in writing. Date: Bryant J Schroeder Contracting Officer ACCEPTANCE BY THE POSTAL SERVICE Signature of Contracting Officer Great Lakes FSO 62 STRATFORD DRIVE, BLOOMINGDALE, IL 60117-7000 Address of Contracting Officer Signature Page Grdlease Gv . Entity (April 2009) 4 UNITED STATES POSTAL SERVICE_ 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING Not Required 3. MORTGAGEE'S AGREEMENT General Conditions to USPS Ground Lease If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the parcel on which the premises are situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. ALTERATIONS The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property on which said premises are located); which fixtures, additions or structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601-613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a is groundgc (Oct 2009) GC-1 NUNITEDSTATES General Conditions to USPS Ground Lease POSTAL SERVICE. claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: "I certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord -certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act. g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an alternative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUSITOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1 % asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non-ACBM. The Landlord agrees to disclose any information concerning the presence of lead -based paint, radon above 4 pCUL, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous/toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on the premises, the Landlord agrees to remove such materials or substances upon notification by the U. S. Postal Service at Landlord's sole cost and expense in accordance with EPA and/or State guidelines. If ACBM is subsequently found which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O&M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails io remove any friable asbestos or hazardous/toxic materials or substances, or fails to complete an AHERA asbestos survey and O&M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and/or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. the property and improvements are free of all contamination from petroleum products or any hazardous/toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; groundgc (Oct 2009) cr~2 UNITED ST13TES 2 POSTAL SERVICE. General Conditions to USPS Ground Lease b. there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead -based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible at www.usr)s.com/oublir-ations. Clause 1-1, Privacy Protection (July 2007) Clause 1-5, Gratuities or Gifts (March 2006) Clause 1-6, Contingent Fees (March 2006) Clause 4-2, Contract Terms and Conditions Required to Implement Policies, Statues or Executive Orders (July 2009) Clause 9-3, Davis -Bacon Act (March 2006)' Clause 9-7, Equal Opportunity (March 2006)2 Clause 9-13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9-14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B-25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. For leases aggregating payments of $25,000 or more. • groundgc (Oct 2009) Gc-3