HomeMy WebLinkAboutLease Agreement for Main Library Computer LabLEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease") is made and entered into as of the 17th day of
July, 2012, by and between CITY OF EVANSTON, an Illinois municipal corporation and a home
rule unit of the State of Illinois, c/o the Evanston Public Library (the "Landlord") and National
Able Network, Inc. (the "Tenant") for a certain commercial office space located at 1703
Orrington Avenue, Room 303, Evanston, Illinois 60201 (the 'Premises"). The Landlord and
Tenant shall be collectively referred to as the "Parties'.
RECITALS
WHEREAS, the Main Library is located at 1703 Orrington Avenue, Evanston, Illinois
and, within the facility there is a 12 — station computer lab training room (the "Training Room");
WHEREAS, Tenant seeks to lease the Training Room from the City for purposes of
operating a workforce development and career services training site;
WHEREAS, the City desires to be a site location for the services that the Tenant provides
to the community; and
WHEREAS, the the services provided by Tenant at the Training Room include
provision of services regarding career assistance, including access to technology, serve as a
recruitment venue, provide access to job training to community members, and many other
purposes and services not fully described in this Lease.
In consideration of the rents, covenants and conditions hereafter set forth and the
conditions and understandings, the Landlord and Tenant hereby agree as follows:
1. BASIC LEASE PROVISIONS. In addition to the other terms which are elsewhere
defined in this Lease, the following words and phrases, whenever used in this Lease, shall have
the meanings set forth in this Section 1.
(a) Landlord: The City of Evanston
1703 Orrington Avenue
Evanston, Illinois 60201
(b) Tenant: National Able Network, Inc.
567 West Lake St., Suite 1150
Chicago, Illinois 60661
(c) Premises: 1703 Orrington Avenue
Room # 303
Evanston, Illinois 60201
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(+/- 870 sq/ft)
(d) Commencement Date: July 1, 2012
(e) Initial Lease Term: July 1, 2012 - December 31, 2012
Additional Term: January 1, 2013 - June 30, 2013 as described below
(f) Base Rent: $$8,880.00 for the Initial Term and $8,880.00 for the
Additional Term; ($1,480.00/per month)
(g) Delivery of Premises: Tenant will lease Space in AS -IS condition. The Premises
will be furnished by Landlord, if any additional office
equipment or furnishing is needed, it will be at the
expense of the Tenant.
(h) Utilities: Landlord will be responsible for the payment of ALL
utilities and other related expenses, EXCEPT FOR: cell
phone charges and cable television usage (if applicable).
The Tenant is permitted to use the Landlord's copy
machine and will reimburse the Landlord for said use per
month at the rate of $.10/per page.
(i) Permitted Use: Operation of a workforce development resource center
within the Premises and use as a computer lab for
computer classes for library patrons. The anticipated
services to be provided by Tenant in the Training Room
include, but are not limited to the following: resume
writing and critiquing, career assessment, job
identification, interviewing tips and tools, developing
users use of technology in a job search, enhancing job
seekers soft skills for the workplace, host job search
workshops, help develop and provide referrals to
additional services and partners on job assistance issues.
0) Security Deposit: No Deposit Required.
(k) Hazard Insurance: Landlord to procure fire and hazard insurance on the
Premises.
(1) Tenant Insurance: Tenant to carry commercial liability insurance and insure
all improvements, fixtures, equipment, and personal
property belonging to the Tenant.
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(m) Signage: Tenant may install its signage outside of the Premises, at
its own expense, to be agreed upon by the Parties
following the execution of this Lease and approved by
Landlord.
(n) Landlord's Personal
Property at Premises: The Parties agree and acknowledge that all equipment and
personal property items of Landlord within the Premises,
shall remain at the Premises upon termination of this
Lease.
2. PREMISES. Landlord does hereby lease and rent to Tenant, and Tenant does hereby
lease, take and rent from Landlord the leased space located at 1703 Orrington Avenue, Room
#303, Evanston, Illinois 60201. The Landlord will cause the halls, corridors, and other parts of
the building adjacent to the Premises to be lighted, cleaned and generally cared for, accidents
and unavoidable delays excepted. Landlord will air-condition the Premises when required by
outside temperature. Tenant shall comply with such rules and regulations of the Library
Facility at 1703 Orrington Avenue, Evanston, Illinois 60201, for the necessary, proper, and
orderly care of the Library building in which the Premises are located. No modifications,
alterations, additions, installations, or renovations including decorating shall be undertaken by
the Tenant without first obtaining the written permission from the Landlord. The cost of all
alterations and additions, if applicable, shall be borne by the Tenant and shall remain for the
benefit of Landlord. The Premises will be accessible to Tenant employees when the Main
Library facility is open to Evanston Library employees. The Landlord will provide entrance
keys to the Premises, Patrons of the Training Facility will be able to access the Premises for use
during the hours of operation set by the Tenant. Tenant will assign at least 2 full-time staff
members to work in the Training Room. The initial two staff members will be a Training Room
Coordinator and a Career Advisor. The Training Room will be staffed and open at a minimum
of five days a week. The tentative hours of operation proposed are as follows: Monday,
Wednesday and Friday from 10 a.m. to 6 p.m.; and Tuesday and Thursday from 10 a.m. to 8
p.m.
3. TERM and RENEWAL. The initial term of this lease agreement (the "Initial Term")
shall be for a period of six months commencing on July 1, 2012 (the "Commencement Date")
and ending on December 31, 2012 (the 'Expiration Date"). The lease will automatically renew
for one additional term of six months upon Tenant's notification to Landlord no less than sixty
days prior to December 31, 2012, or upon Tenant's receipt of notification from the Chicago Cook
Worforce Partnership that funding to support the additional term is will be allocated,
whichever date is later. by the Chicago Cook Workforce Partnership which currently provides
funding to Tenant to support the services provided at the Library through December 31, 2012.
If Tenant desires to renew the Lease for another term, Tenant shall give the Landlord thirty
days written notice of said intention to elect to exercise said option to renew. The terms of the
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renewal Lease shall be negotiated at said time of renewal.
4. RENT. Tenant agrees to pay Landlord or Landlord's agent as rental for the Premises,
the monthly installments of Rent due under the terms of this Lease. All monthly installments of
Rent shall be payable in advance on or before the first (1st) day of each successive calendar
month during the Term at the office of the Landlord set forth in Paragraph 1(a). A penalty of
15% on the base rent will be assessed against the Tenant for the payments not received by
Landlord within five (5) days of the payment due date. No delay or failure by Landlord to
exercise this or any other right or remedy under this Lease shall be deemed a waiver of that
right or any other term of the Lease.
5. NO LIENS. Tenant shall not permit to be created nor to remain undischarged any lien,
encumbrance or charge to become, a lien or encumbrance or charge upon the Premises. If any
lien or notice of lien on account of an alleged debt of Tenant or any notice of contract by a party
engaged by Tenant or Tenant's contractor to work in the Premises shall be filed against the
Premises, Tenant shall, within sixty (60) days after notice of the filing thereof, cause the same to
be discharged of record by payment, deposit or bond. If Tenant shall fail to cause such lien or
notice of lien to be discharged by either paying the amounts claimed to be due or by procuring
the discharge of such lien by deposit or by bonding proceedings, Landlord shall be entitled, if
Landlord so elects, to defend any prosecution of an action for foreclosure of such lien and any
money reasonably paid by Landlord and all reasonable costs and expenses, including attorneys'
fees, reasonably incurred by Landlord in connection therewith, together with interest thereon at
shall be paid by Tenant to Landlord within thirty (30) days following Tenant's receipt of
Landlord's written demand. In the event Tenant diligently contests any such claim of lien,
Tenant agrees to indemnify, defend, and hold harmless Landlord from any and all reasonable
out of pocket costs, liability and damages, including attorneys' fees resulting therefrom, and, if
requested, upon demand, Tenant agrees to immediately deposit with Landlord cash or surety
bond in form and with a company reasonably satisfactory to Landlord in an amount equal to
the amount of such contested claim.
6. TENANT INSURANCE OBLIGATIONS. Tenant shall, during the entire term hereof,
keep in full force and effect a Comprehensive General Liability policy in the amount of One
Million and no/100 Dollars ($1,000,000.00) with respect to the Premises, with provisions
acceptable to Landlord, and the activities of Tenant in the Premises. The Tenant shall furnish
copies of a Certificate of Insurance with the Landlord and the Evanston Public Library named
as an additional insured with an insurance company acceptable to the Landlord. The Tenant
shall furnish, when requested, a certified copy of the policy to the Landlord. The policy shall
provide, in the event the insurance should be changed or cancelled, such change or cancellation
shall not be effective until thirty (30) days after the Landlord has received written notice from
the insurance company. An insurance company having less than an A- Policyholder's Rating
by the Alfred M. Best Company will not be considered acceptable. Tenant shall at its own
expense, cost, and risk shall defend and pay all costs, including attorney's fees, of any and all
suits or other legal proceedings that may be brought or instituted against the Landlord and/or
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the Evanston Public Library, or any 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
compromise or settlement that may result therefrom.
7. WAIVER OF SUBROGATION. The Landlord and Tenant shall not be liable to the
other for any loss or damage caused by water damage or any of the risks that are or could be
covered by a standard all risk hazard insurance policy with an extended coverage endorsement,
or for any business interruption, and there shall be no subrogated claim by one party's
insurance carrier against the other party's carrier arising out of any such loss.
8. QUIET ENJOYMENT. Landlord hereby covenants and agrees that if Tenant shall
perform all the covenants and agreements on Tenant's part to be performed, Tenant shall at all
times during the Term have the quiet enjoyment and possession of the Premises.
9. CERTAIN RIGHTS RESERVED TO LANDLORD. In addition to those rights
identified above, Landlord reserves the following rights:
(a) to decorate, remodel, repair, alter or otherwise prepare the Premises for re -
occupancy if Tenant should vacate the Premises during or prior to the last ninety (90)
days of the Term or any part thereof;
(b) to retain pass keys to the Premises;
(c) to take any and all measures, including, without limitation, inspections, repairs,
and alterations to all or any part of the Premises, as may be necessary or desirable for the
safety, protection or preservation of the Premises or Landlord's Interests or as may be
necessary or desirable in the operation of the commercial portions of the Premises; and
Landlord may enter upon the Premises with reasonable notice to Tenant and may exercise any
or all of the foregoing rights hereby reserved without being deemed guilty of an eviction or
disturbance of Tenant's use or possession and without being liable in any manner to Tenant.
Landlord agrees that it shall not interfere with the Tenant's use and occupancy unless Landlord
determines in its reasonable discretion that such interference is necessary.
10. DEFAULT REMEDIES.
(a) Any one of the following events shall be deemed to be an event of default
hereunder by Tenant subject to Tenant's right to cure:
(1) Tenant shall fail to pay within five (5) days, any item of Base Rent at the
time and place when and where due;
(2) Tenant shall fail to maintain the insurance coverage as set forth herein;
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(3) Tenant shall fail to comply with any term, provision, condition or
covenant of this Lease, other than the payment of Rent, and shall not cure, or
commence the good faith cure of any such failure, within fifteen (15) days after
written notice to the Tenant of such failure; and
(4) Tenant shall make a general assignment the benefit of creditors, or shall
admit in writing its inability to pay its debts as they become due or shall file a
petition in bankruptcy;
(b) Upon the occurrence of any event of default, Landlord shall have the option to
pursue any one or more of the following remedies subject to the laws of the State of
Illinois and the Tenant's right to cure:
(1) Terminate this Lease, in which event Tenant shall immediately surrender
the Premises to Landlord, but if Tenant fails to do so, Landlord may, without
further notice and without prejudice to any other remedy Landlord may have for
possession or arrearages in Rent or damages for breach of contract, enter upon
the Premises and expel or remove Tenant and its effects, without being liable to
prosecution or any claim for damages therefor;
(2) Landlord may recover from Tenant upon demand all of Landlord's costs,
charges and expenses, including the fees and costs of counsel, agents and others
retained by Landlord which have been incurred by Landlord in enforcing
Tenant's obligations hereunder, subject to Landlord prevailing on its claims.
(c) Pursuit of any of the foregoing remedies shall not preclude pursuit of any other
remedy herein provided or available to Landlord at law or in equity, or constitute a
forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord.
11. INDEMNITY. Tenant agrees that Landlord, mayor, Evanston Public Library officials,
officers, agents, attorneys, and employees shall not be liable for any claim of any kind or in any
amount for any injury to or death or persons or damage to property of Tenant or any other
person except as set forth herein. Tenant shall indemnify and hold Landlord, mayor, Evanston
Public Library officials, officers, agents, attorneys, and employees harmless from all liability
whatsoever, and from all losses, costs and expenses (including without limitation attorneys' fees
and expenses) incurred or suffered as a result of or related to any real or claimed damage or
injury related to Tenant's use and occupancy of the Premises. In the event that Tenant is named
as a defendant in any legal proceeding arising from any act or omission of Landlord for any
injury or any claimed damage occurring at the Premises, then Landlord shall indemnify and
hold Tenant harmless from all liability whatsoever, and from all losses, costs and expenses
(including without limitation attorneys' fees and expenses) incurred or suffered as a result of or
related to any real or claimed damage or injury provided that a) Landlord is named as a
no
defendant in the legal proceeding; b) the claim arises from a negligent or gross negligent act or
omission of Landlord; and c) Tenants own negligent act or omission is not a cause of the claim.
12. LIABILITY FOR ACTS OR NEGLECT. If any damage to the Premises, or any part
thereof, results from any act or neglect of Tenant or its invitees or other guests, agents,
customers, invitees or other guests of it's customers, or employees, independent contractors, or
the like, Tenant shall immediately repair the same; provided, however, that Landlord may, at its
option, repair such damage and Tenant shall, upon demand by the Landlord, reimburse the
Landlord forthwith for the total cost of such repairs. All personal property belonging to Tenant
shall be at the sole risk of the Tenant and such other person only and the Landlord shall not be
liable for damage, theft or misappropriation thereof.
13. DESTRUCTION OR DAMAGE. In the event of destruction of or damage to, the
Premises by fire or other casualty, Landlord shall use the proceeds of its insurance to promptly
rebuild and restore the Premises to their condition immediately prior to such destruction or
damage. Landlord shall rebuild and restore the Premises to the condition of the Premises that
existed on the Possession Date. In the event that the proceeds have been applied to
indebtedness secured by any mortgage on the Premises, or are otherwise unavailable or the
proceeds of insurance are not sufficient to pay for the cost of rebuilding or restoration, and
Landlord elects not to make an equivalent amount of funds available to rebuild and restore the
Premises, then Landlord may terminate this Lease and Tenant's rights hereunder and Tenant
shall be released of its obligations and this Lease shall cease and terminate as of the date Tenant
receives Landlord's written notice of such election.
14. CONDEMNATION. If the whole, or any part of the demised Premises shall be taken
by any public authority under the power of eminent domain, the Lease term shall cease as of
the day of possession shall be taken by such authority if such is of the entire demised Premises
and any rents shall be prorated as of said date. If the entire premises are not taken, but such
taking is more than 20% of the Premises the Tenant shall have the option to terminate this
Lease. If the taking is less then 20% and such taking would cost the Tenant monies to
reconfigure/ restructure the business premises or make it not practical to continue said business,
tenant shall have the option to terminate the lease upon 30 days written notice to Landlord. All
compensation awarded for any taking under the power of eminent domain, whether in whole
or in part of the demised premises shall be the property of the Landlord, however, the Landlord
shall not be entitled to any award made expressly to the Tenant for the taking of the Tenant's
business value, furniture, fixtures or leasehold improvements (exclusive of the Landlord's
contributions).
15. ENTIRE AGREEMENT AND TIME IS OF THE ESSENCE. This Lease contains the
entire agreement of the parties with respect to the Premises and no representations or
agreements, oral or otherwise, between the parties not embodied herein shall be of any force or
effect. Time is of the essence of this Lease, and of each term, condition and provision hereof.
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16. HOLDING OVER. Upon termination of this Lease, by lapse of time or otherwise,
Tenant shall surrender the Premises (and all keys thereto) in the same condition as at
commencement of the Term, excepting only reasonable wear and tear and loss by insured
casualty. If Tenant remains in possession after expiration of the Term, Tenant agrees to yield up
immediate and peaceable possession to Landlord, and if failing to do so, the Tenant shall pay
the sum of two hundred and no/100 Dollars ($200.00) per day, for the time such possession is
withheld. The Landlord or its legal representative at any time after the expiration of the Term,
without notice, to re-enter the Premises, and to expel, remove and put the Tenant or any
person(s) occupying the said Premises, and to repossess and enjoy the Premises against as
before this Lease, without prejudice to any remedies which might otherwise be used for arrears
of rent or breach of covenants. The Tenant expressly agrees that the Landlord does NOT have
to bring a forcible entry and detainer action in the Circuit Court of Cook County for possession
rights, if the Tenant is a holdover tenant or defaults on its obligations to pay rent, Paragraph
17. ASSIGNMENT AND SUBLETTING. This Lease shall not be assignable, unless the
Landlord has issued prior written consent which consent shall not be unreasonably withheld.
The Parties agree that the agreements herein contained in this Lease shall be binding upon,
apply, and inure to their respective successors and assigns.
18. SEVERABILITY. If any term, covenant or condition of this Lease or the application
thereof to any person or circumstance shall be determined to be invalid or unenforceable to any
extent, neither the remainder of this Lease nor the application of such term, covenant or
condition to any other person or circumstance shall be affected thereby, and each term,
covenant or condition of this Lease shall be valid and enforceable to the fullest extent permitted
by law.
19. GOVERNING LAW AND TIME LIMITATION. This Lease shall be construed and
enforced in accordance with the laws of the State of Illinois. All disputes relating to the
interpretation of the provisions of this Lease shall be resolved exclusively by the federal or state
court located in Cook County, Illinois, and the parties hereto hereby submit to the jurisdiction
and venue of the court for such purpose. The parties hereby waive trial by jury.
20. NOTICES. Notices sent to the Landlord, should be mailed to the address set forth in
Paragraph 1(a) of this Lease and notice to the Tenant should be mailed to the address set forth
in Paragraph 1(b) of this Lease. A mailed notice must be sent via certified mail, return receipt
requested and effective three (3) business days after deposit in the U.S. Mail. Notice given by
personal delivery is effective upon delivery.
If to the Landlord:
Evanston Public Library
Attn: Karen Danczak Lyons, Library Director
1703 Orrington Avenue
Evanston, IL 60201
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Fax:847-866-0313
With a copy to:
City of Evanston Law Department
Attn: W. Grant Farrar, Corporation Counsel
2100 Ridge Avenue, Room 4400
Evanston, IL 60201
Fax:847-448-8093
If to Tenant:
National Able Network, Inc.
Attn: Grace Jenkins, President and CEO
567 West Lake Street, Suite 1150
Chicago, Illinois 60661
Fax:312-994-4201
IN WITNESS WHEREOF, both of said Landlord and Tenant have caused this Lease to
be executed as of the date and year first above written by a duly authorized officer or manager
of each of the respective parties.
THE CITYY OF EVANSTON NATIONAL ABLE NETWORK, INC.
Its: City Manager Its: President &
Print Name: Wally Bobkiewicz Print Name: C 0 a c e Je N K j N S
Approved as to form:
y'
W. Grant Farrar
Corporation Counsel