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HomeMy WebLinkAboutORDINANCES-1965-052-O-650y! Amended 6--1-65 52-0-65 AN ORDINANCE Authorizing the Lease of Certain City -Owned Property WHEREAS, in the opinion of the corporate authorities of the City of Evanston, the buildings located on the real estate hereinafter described is no longer necessary, appropriate, re- quired for the use of, profitable to, and for the best interest of the city; and WHEREAS, the corporate authorities have determined that the lease of the aforesaid buildings to the Evanston Art Center is in the best interest of the City of Evanston: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION to That the buildings located on the premises legally • described as - Lots 10 and 11 of Block 5 of Brown's Lake Grove Addition to Evanston, a Subdivision of part of Lots 35 to 38 in Baxter's share of the South Section of Ouilmette, also parts of Lots 23 to 25 in George Smith's Subdivision of the South part of Ouilmette Reserve in Township 42 North, Range 13, East of the Third Principal Meridian in Cook County, Illinois, and commonly known as the Sigma Chi property located at 2603 Sheridan Road, be leased to the Evanston Art Center upon the terms and conditions of a certain lease which is attached hereto and made a part of this ordinance as Exhibit "A". SECTION 2: The City Manager is hereby authorized to enter into said lease on behalf of the City of Evanston. SECTION 3: This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. INTRODUCED June 1 1965 ADOPTED June 1 1965 APPROVED June 1 9 1965 /s/ John D. Emery Mayor ATTEST: /s/ Dean A. Porter Deputy City Clerk Approved as to forme • /s/ Jack M. Siegel Corporation Counsel -2- 9 1 5/27/65 .LEASE THIS INDENTURE, made this day of , 1965, by and between the CITY OF EVANSTON, ILLINOIS, a Municipal Corporation, herein- • after referred to as LESSOR, and the EVANSTON ART CENTER, an Illinois Not -for - Profit Corporation, hereinafter referred to as LESSEE. n U W I T N E S S E T H LESSOR, for and in consideration of the covenants and agreements hereinafter contained and made on the part of the LESSEE, does hereby lease to LESSEE, and the LESSEE does hereby rent, the premises known and described as follows to -wit: 1. LESSEE shall have the right to use the access road to the premises and the adjoining parking facilities at all times. o s 058 -2- 2. LESSEE shall have the privilege of conducting special events on the adjoining grounds, providing that the special events do not conflict with other City of Evanston recreation events, and further provided that all such special events to be conducted by the LESSEE shall be approved in advance by the City of Evanston's Park and Recreation Department. 3. LESSEE shall provide all janitorial services for the leased premises. LESSEE shall also maintain and periodically renew interior painting and decorating in all parts of said leased premises, but not in the three apartments referred to in paragraph 18. L. LESSEE shall pay for all electricity, gas, and water used in the leased premises, but the ySSOR shall provide and pay for heat. If, in the LESSOR'S judgment, which shall be conclusive, it is found to be impracticable to install separate meters to measure the electricity, gas, or water used in the leased, premises, the bills for these services shall be pro -rated between the LESSOR and LESSEE in a manner to be mutually agreed upon by said parties. 5. LESSEE shall make and pay for all alterations necessary to make the premises conform to all City of Evanston ordinances. It is hereby agreed that the • necessary alterations are as shown on Attachment "A" appended hereto and made a part of this lease. 6. LESSEE shall have the right to make or install at its own expense, subject to all city codes and laws and to the LESSOR'S approval, the following to -wit - a. such modifications and changes of partition arrangements and other features and components of the structure as are necessary or desirable to make the premises better serve the LESSEE'S principal purposes. 0 a " -3- b. the installation of special equipment, including but not limited to display cases, book cases, dark room and other photographic equipment, kilns and other equipment for • ceramics, and lighting and other electrical equipment. No modifications, changes, or installations shall be undertaken by the LESSEE with- out permission in writing first had and obtained from the LESSOR. 7. LESSEE shall save harmless and indemnify the LESSOR against all liability imposed by law and against all loss, liability, damage, and expense, including attorneys' fees, incurred by the LESSOR, on account of any injury to or death of any person or persons whomsoever, including employees of the LESSEE, of carriers, and of the LESSEE'S subcontractors, or on account of damage to property sustained by any person, persons, firm or corporation caused by or connected with the exer- cise of rights or the discharge of obligations by the LESSEE hereunder. If requested by the LESSOR, the LESSEE at its own expense, cost, and risk shall defend and pay all costs, including attorneys' fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, on any such claim or demand, and pay and satisfy any judgment that may be rendered • against them, in any such suit or legal proceeding, or the amount of any compro- mise or settlement that may result therefrom. LESSEE agrees to maintain public liability insurance covering the leased premises with .limits of not less than $500300041,000,000 on bodily injuries and $50,000 on property damage. The policy shall specifically cover the liability assumed by the LESSEE in this paragraph, and the insurance shall be in such form and in such companies as is acceptable to the LESSOR. LESSEE shall provide the LESSOR with an appropriate certificate of insurance showing this coverage to be continuously in force. 000 -4- LESSOR agrees to maintain public liability insurance covering the adjoining grounds with limits of not less than $500,0001$1,000,000 on bodily injuries and $50,000 on property damage. The insurance shall be in such form and in such • companies as is acceptable to the LESSEE, and LESSOR shall provide the LESSEE with an appropriate certificate of insurance showing this coverage to be conti- nuously in force. 8. LESSEE hereby agrees to operate the premises as a comprehensive community art and cultural center and, in achieving this objective, to cooperate with other organizations operating in the fields of art, education, or culture. Such "cooperating organizations" shall include but not be limited to the Evanston Symphony Association, the Garden Council, the Nature Center, Evanston theatre groups, and the North Shore Camera Club. LESSEE specifically agrees to: a. sponsor and promote joint discussions and planning between itself and all cooperating organizations, through an "arts council" if appropriate, so as to arrange joint programs and educational efforts where such are advantageous to the • community. b. rent the general meeting rooms in the premises to cooperating organizations from time to time for meetings, lectures, exhibits, concerts, teas, and other events. LESSEE shall regularly inform cooperating organizations as to when the premises will be available for such uses, and the rentals charged shall be reasonably related to the rental and pay- ment for maintenance and services paid to the LESSOR and to the expenses incurred by the LESSEE in operating the premises. The schedule of rental rates shall be subject to approval and revision by the LESSOR. W2 c. provide at its own expense one room to serve as a general office and mailing address for the joint use of any cooperating organization desiring this accommodation. d. invite by appropriate means the members of all cooperating • organizations to attend or participate in events and schools sponosred by the LESSEE. e. promote full use of the premises so that it is of mxcimum practicable value to the community, and ensure that the premises shall be equally available to all persons without regard to race, creed, color, or national origin. f. name the premises the "Evanston Center for the Arts" and install a sign at an appropriate location showing this name, indicating that the premises are operated by the LESSEE, and listing the names of cooperating organizations at their request. 9. LESSEE hereby agrees that this lease shall not be assigned and that the premises, or any part thereof, shall not be rented, sub -leased, or used for any • purposes other than those provided in this lease without the written consent of the LESSOR. 10. LESSEE shall restore the leased premises to LESSOR, with glass of like kind and quality in the several doors and windows thereof, entire and unbroken, as is therein on the first date of the LESSEEIS occupancy, and will not allow any waste of the water, or misuse or neglect of water or gas fixtures on the leased premises. 11. LESSEE shall quit and surrender the leased premises at the end of the term in as good condition as the reasonable use thereof will permit, with all the keys of the same. Q (3 ', IN 12. LESSOR shall perform all required maintenance work to maintain the leased premises in good and usable condition, including all necessary structural, mechanical, electrical, plumbing, roofing, and carpentry work. LESSOR shall also • perform all exterior painting work and, in the three apartments referred to under paragraph 18, shall perform all interior painting work. 13. LESSOR shall not be liable for any damages or loss of property in the leased premises, or any accidental damages to the person or property of the LESSEE in or about the building or the leased premises, from water, rain, or snow which may leak into, issue, or flow from any part of the building or the leased premises, or from the pipes or plumbing works of the same. LESSEE hereby cove- nants and agrees to make no claim for any such loss or damage at any time. 14. LESSOR shall perform all required maintenance work to keep the surroun- ding grounds, parking lots, shrubbery and trees in good and usable condition. LESSOR shall also remove snow from the roads and parking lots serving the leased premises, in accordance with the City of Evanston's established snow removal practices and schedules. 15. LESSOR shall provide normal fire and police protection to the LESSEE iand the leased premises, and shall also provide such other municipal services as are provided without charge to like premises. 16. LESSOR shall leave for the use of the LESSEE all lighting fixtures, kitchen appliances, and other appliances and equipment left in the leased premises when vacated by the Sigma Chi Fraternity. LESSOR will also leave for the use of the LESSEE any furniture or furnishings left by the Sigma Chi Fraternity, provided the LESSOR has no immediate other use for said furniture or furnishings. Alternatively, LESSOR may sell any furniture or furnishings to the LESSEE on such basis and at such price as may be mutually agreed upon. 063 -7- 17. LESSEE, for the rental of the leased premises, shall pay the LESSOR One Dollar ($1.00) per year payable annually in advance. LESSEE, for the mainte- nance and services described under paragraphs 1 and 12 of this agreement, shall • pay the LESSOR Two Hundred and Fifty Dollars ($250) per month in advance. The rental and payment for maintenance and services shall begin on the first day of the month following the initial occupancy of the leased premises by the LESSEE. 18. LESSEE hereby also agrees to lease from the LESSOR the three apartments related to the premises and, as consideration, to pay and transmit to the LESSOR all rentals collected after deducting any management fees incurred in renting or managing said apartments, provided that such fees shall not be in excess of the schedule established by the North Shore Board of Realtors. However, at any time an apartment is vacant, the LESSOR may, after thirty days written notice to the LESSEE, terminate the IZSSEEIS right to lease said apartment. The rentals for these apartments shall be $300 per month for the apartment in the main house, $200 per month for the second floor apartment in the coach house, and $160 per month for the first floor apartment in the coach house. Said rentals shall be subject to downward or upward adjustment at any time upon a showing by either • party that said rentals are not reasonably related to rents currently being charged in the community, provided that any such adjustments shall be mutually agreed upon by the LESSOR and LESSEE. LESSOR shall provide water and heat to the occupants of these apartments, but the occupants shall pay for electricity and gas. Tf, in the LESSORIS judg- ment, which shall be conclusive, it is found to be impracticable to install separate meters to measure the electricity and gas used by the occupants of any of said apartments, the arrangements for paying the bills for these services and the amounts to be charged the occupants shall be as mutually agreed upon by the LESSOR and LESSEE. 044 ME 19. LESSEE shall have the right to occupy the leased premises from January 1, 1966, or in the event that the LESSOR agrees to allow the Sigma Chi Fraternity to occupy said premises beyond December 31, 1965, then the LESSEE shall have the right to occupy said premises from the time said premises are vacated by the • Sigma Chi Fraternity. LESSOR shall enter into no agreement with the Sigma Chi Fraternity that will delay the LESSEEIS entry into said premises beyond July 1, 1966. 20. This lease shall be for a period of fifteen (15) years, to commence on the first day of the month following initial occupancy of the leased premises by the LESSEE, provided that the payment for maintenance and services, and all other terms of this lease shall be subject to review and modification at five-year intervals, upon written request of either party, made not less than ninety (90) days prior to the end of any such five-year period. In the event that the parties fail to agree on the terms to apply in any of said ensuing five-year periods, LESSEE shall vacate the leased premises within six months after receiving written notice to vacate from the LESSOR. 21. If default be made in the payment of the rent or the maintenance and . service charge above reserved or any part thereof, or in any of the covenants and agreements herein contained, to be kept by the LESSEE, it shall be umlawful for the LESSOR, or the legal representatives of said party, at any time there- after, at the election of said LESSOR or the legal representatives thereof, without notice, to declare said term ended, and to re-enter said leased premises, or any part thereof, either with or without process of law, and the said LESSEE or any person or persons occupying the same, to expel, remove and put out, using such force as may be necessary so to do, and the said premises again to repos- sess and enjoy, as before this lease, without prejudice to any renedies which might otherwise be used for arrears of rent or preceding breach of covenants, said 0 u 5 m LESSEE hereby expressly waiving all right to any notice or demand under any statute of this state, relating to forcible entry and detainer, and said LESSEE is further covenants and agrees that said LESSOR, or the representatives or assigns of said LESSOR, shall have, at all times, the right to distrain for rent due, and shall have a valid and first lien upon all property of said LESSEE, whether exempt by law or not, as security for the payment of the rent herein reserved. LESSEE hereby irrevocably constitutes or any attorney of any court of record of this state, attorney for said LESSEE in LESSEE'S name, on default by LESSEE of any of the covenants herein, and upon complaint made by said LESSOR, his agent or assigns, and filed in any such court to enter LESSEE'S appearance in any such court of record, waive process and service thereof, and trial by jury, and confess judgment against LESSEE in favor of said LESSOR, or LESSOR'S assigns, for forcible detainer of said premises, with cost of said suit, and also to enter LESSEE'S appearance in such court, waive process and service thereof, and confess judgment, from time to time, for any rent which may be due to said • LESSOR, or the assignees of said LESSOR, by the terms of this lease, with costs and a reasonable sum, but at no time less than Ten Dollars, for attorneys fees, and to waive all errors and all right of appeal from said judgment and judgments, and to file a consent in writing that a writ of restitution or other proper writ of execution may be issued immediately. 22. Any notices to LESSOR shall be addressed to the City Manager at 1501 Oak Avenue, Evanston, Illinois. Any notices to the LESSEE shall be addressed to -10- IN WITNESS WHEREOF, the parties hereto have executed this lease the date first above written, each being duly authorized for the uses and purposes herein • stated. E ATTEST City Clerk Approved as to form: ATTEST Corporation Counsel Secretary CITY OF EVANSTON, a Municipal Corporation 0 City Manager EVANSTON ART CENTER By President 0r;7 • • ATTACHMENT "A" Alterations Necessary to Make Leased Premises Conform to City Ordinances 1. Provide second means of egress from third floor. 2. Provide second means of egress from second floor. 3. Provide second means of egress from basement. 1�. On first floor, rehang main entrance door and one inner door to swing outward. 5. On first floor, install approved EXIT signs.