Loading...
HomeMy WebLinkAboutLease Agreement for Township Office10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 02 Lease Exteusion Agreement A This Agreement, entered into this 1st day of March, 2005, by t nd. between Main Asoociates, LLC, successor to Dodge Associates, Inc., ("Lessor") alai. The Township of Evanston, ("Lessee"). WITNESSETH WHEREAS, Lessor and Lessee entered into a Lease dated Sept ember 1, 1993 and a Lease Extension Agreement dated November 5, 1995 for the premix :s located at 1906, 1910, and 1.91.4 Main Street and 844 Dodge Avenue, Evanston, Il inois 60202 ("the Lease"); and WHEREAS, the term of the Lease is from. October 1, 1993 thro agb. September 30, 1.998 and the term of the Lease Extension Agreement is from Octob,.r 1, 1998 through September 30, 2008, and WHEREAS, the Lessee desires to extend the term of the Leas, for an additional five (5) years from October 1, 2008 to September 30, 2013 due to the i act that the Lessee has expended considerable sums improving the premises, finds the p emises to be very desirable for Lessee's activities, and desires to take advantage of Lessc is offer of a fixed annual base rent of $52,605.00 for the entire 5 year extension period which rent Lessee deems very reasonable; and WHEREAS, the Lessor agrees that it is in its best interest to :xtend the term of the Lease for 5 years at a fixed base rent in order to assure the long ter•, n occupancy of an important tenant; and For and in consideration of the mutual covenants herein contained which, consideration is deemed valuable, sufficient and received, it is hereby a. ;reed as follows: 1. The term of thoLease for the entire premises is hereby extender for an additional term of five (5) years commencing October 1, 2008 and ending Sep ember 30, 2011 2. The annual base rent for each calendar year of the five (5) year ext :nsion period term shall be $52,605.00, In addition, during said period, Lessee sh; .11 continue to be responsible to pay its pro-rata share of Real Estate Taxes, Common Area Maintenance Expenses, Insurance and to p ay any other amounts due during t1i e entire extension period as provided for in, paragraphs 26, 27 and otherwise in the Ler se. 3. Except as expressly provided herein, all terms and conditions r, f the Lease shall remain unchanged and remain in full force and effect at all time,: through both the original tens. of the Lease and during the entire extension period. Initial By: 0 1 10/01/2009 15:54 16474754572 TOWNSHIP OF EVANSTON PAGE 03 LESSOR: MAIN ASSOCIATES, LLC, (SUCCESSOR TO DODGE ASSOCIATES, INC.) By. f HARRY MAJ R tAGER DATE: (4 f21'�Sf Initial By: 1.1 J LESSEE: THE rP OI JE.V T41�BY, HONORABLE PATI LICIA A VANCE TOWNSHIP Si. PERVISOR HATE: 17 •���r 10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 04 Dodge Associates, Inc. Harry Major 15s H. Michigan Suite 500 Chicago, Illinois 60601 312-938-8881 September 1, 1993 Honorable Betty Payne Township Supervisor 2100 Ridge Avenue Evanston, I1 60201 Re: Main street Plaza Evanston, Illinois Dear Ms. Payne, Enclosed is the lease for 1902 to 1914 Main Stre>.t and 844 Dodge Avenue. I attempted to keep the lease very simple and short. Please review the lease and if you have any ques_ions or Y comments, please feel free to call me. Your occupancy will require some remod&ling and i:ertain tenant relocations within the shoppiTiq"center. I cannot begin the work until I have a signed lease. if the October 1st ocoupancy date is very important, than completinil the lease process needs to be done as quickly as possible. Can you let me know if there is some flexibility on the octol)er 1st date. If you can move in a little later, this would be helpful for me to know. We are delighted to have the Township as a tenant: and look forward to many years of a mutually beneficial rolationship. I think you will be very happy with the location. Respec fully furs, Harry M j r Dodge A cia s, Inc, 10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 05 Rider attached to and forming a part of a lease dated September 1, 1993 between Dodge Associates, Inc. as Lessor and The Township of Evanston as Lessee. 23. The annual rent for the leased premises will be as follows: Base Rent Common Area Maintenance Real Estate Taxes Total Gross Rent 52,605 5,175 (See paragraph 27) 14,220 (See paragraph 26) 72,000 Lessee will receive possession of 1902 to 1914 MaAn street on October 1, 1993. Lessee will receive possession of 844 Dodge on January 1, 1994. Lessee will receive a $1,925 per month rent credit from October 1, 1993 to December 31, 1993 to reflect the later occupancy of 844 Dodge. 24. Lessee shall maintain, at its own expense, plate glass window insurance upon the demised premises. Lesseshall also maintain public liability insurance insuring and laming landlord, against all claims, demands, or actions for injury to or death of any one person in an amount of notless than $1,000,000 and for injury or death of more than cie person in any one occurrence in an amount of not less than >1,000,000 and for damage to property in an amount of not lets than $1,000,000 made by or on behalf of any persons arising from the conduct and operation of lessee's business. 25. Lessee shall comply with all the ordinances, rules and regulations of the City of Evanston pertaining to the lessee's business. 26. Lessee shall pay to the lessor as additional -harges hereunder lessee's pro rata share of any and all special assessments and general real estate taxes or other related property taxes paid annually by the lessor during the lease term. property taxes shall include any tax assess;aent upon or against the rentals payable by lessee to lessor u.iless otherwise provided in the statute or ordinance. L�assee's pro rata share (31$) shall be based on the ratio of t;te leased premises floor area to the total floor area of th,t building. Real property taxes and assessments shall include all reasonable costs and fees incurred by lessor in contesting taxes levied against the property for tax years sitbsequent to 1993. An amount equal to one -twelfth (1/12) of Le,;see's pro 10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 06 rata share of the annual tax liability shall be c,ue and payable monthly in advance on or before the firs5. day of each month included in the term. Lessor will have the right to adjust from time to time the amount due to reflei,t increases in the actual assessment or real estate tax bills!. The initial estimated monthly payment will be $1,185,00. 27. Lessee shall pay to the lessor as additional charges hereunder lessee's pro rata share (31%) of any and all common area maintenance costs and insurance costs of the building paid annually by the lessor during the lease teri!. Lessee's pro rata share shall be based on the ratio of the leased premises floor area to the total floor area of tl-e building. An amount equal to one -twelfth (1/12) of Lessee';; pro rats share of the annual common area maintenance cost- and insurance costs shall be due and payable monthly in advance on or before the first day of each month includec, in the term. Lessor will have the right to adjust from time to time the amount due to reflect increases in the actual; common area maintenance costs or insurance costs. The initial estimated monthly payment will be $431.00. Lessor will provide a written notice explaining reason for increases to common area maintenance >r insurance costs. 28. Lessee shall pay all expenses for the water and sewerage in connection with the operation upon the demised premises and shall pay all water and sewerage bills in connection therewith. Lessor has caused the necessary facilities to be provided to supply water, electricity, heating and ventilation to the leased premises. Lessee shall pay for all electricity and fuel used in the leased premises at its own cost and expense. 29, At the time of possession, the store will be in a "white envelope'" condition as shown in the space plan presented to Lessee. Lessor will pay one half the cost of the modular affice units shown in the space plan presented to Lessee. -4---Lessee will be responsible for wall and floor treatments. 30. Lessee shall at its own expense have all wast.s and rubbish removed from the premises, and keep both the rear and front free from any waste. 31. Lessee and any of its employees may park only, in Shopping Center spaces designated by Lessor for Lessee parting. In no event shall the Lessee use more than twelve (12) aarking 2 10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 07 Spaces at any one time. The front parking is reseirved for the exclusive use of customers of the center. 32. Lessee shall not erect, install, display, paint or affix any sign, lettering or advertising medium to, upon or above the exterior of the leased premises or the building in which the lease premises are situated, nor to the interior glass surface of any entrance door or show window or display window space, without, in each instance, the prior writtn approval of landlord. 33. In the event of any conflict between the term,; of the printed lease and the terms of this rider, the te.-ms of this rider shall prevail.. In witness whereof, the parties hereto have exe,:uted this agreement as of the date first written above. Dodge Associates, Inc The To hip of Eva;iston By: By: U� �iy �_ Harry Maj He ora Be ty,rl Shy—n"eJ' wns i 5upervi;.or 111611 2� "'4- 3 Date Da e 193 10/01/2009 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 08 Amii LEASE No. 9 pEORGE E, COLE° mEPI CeS FORMS 9 & ?m ronwY, tae LEGAL FORMS STORE LEASE CAVEION: WmullBinwyeriMnre Bellrep rnabU�Ne.Abb�m. NBRABrdBpturllerreirro coo BBtkn. mlBlorm _ _mpFq Blry wBIIMNW.MIRBPPGdrereN.IPhtlMPAtlY B'A^MbB(TBM1'BeFIdCIi4y IXnbIBBB (NBpOICF: PIpV�pPPB. r rr op i F,sE TEAM pF AENSE MONTHLYRENT_,,, nEAtNNiNO i "Ann - See paragraph #23 September 1, 19931October 1, 1993 September 30. 1998 in attached rider 1902 to 1914 Main Street and 844 Dodge Avenue, Evanston, Il General Business Office LESSEE LESSOR NAME • The Township of Evanston RARE • Dodge 4ssociates, Inc. Avaats4 • 2100 Ridge Avenue AbORF% . Harry dajor Evanston, Il 60201 155 N. Michigan Avenue # 500 CITY see, 'Chicagl, Il 60601 In consideration of the mutual covenants and agreements herein stated, Lessor hereby fa =9 to Lessee and Lessee hereby leases from.Lessor solely for the above purpose the premises designated above (the "Prom ses"), together with the appur- tenanccs thereto, for the above Term. SEE ATTACHED RIDER RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Pren ises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated ab ive or such other address as Lessor may designate in writing. WATER, AND 2. Lessee will pay, in addition to the rent above specified, all w der rents, gas and electric light and levied Premises, for and during the time for which this lease is GAS power bills taxed, or charged on the granted, ELECTRIC and in case said water rents and bills for gas, electric light and power ,ball not be paid when due, Lessor CHARGES shall have the right to pay the same, which amounts so paid, together w th any sums ppaid by Lessor to keep the Premises in a clean and healthy condition, as herein specified, arc declared to be so much additional rent and payable with the installment of rent next due thereafter, SUBLETTING: 3. The Premises shall not be sublet in whole or in part to any In Two other than Lessee, and Lessee ASSIGNMENT shall not assign this lease without, in each case, the consent in writing of Lessor first had and obtained; nor permit to take place by any act or default of himself or any person within his control any transfer by operation of law of Lessee's interest created hereby; nor offer for b ase or sublease the Premises, nor any portion thereof, by placing notices or signs of "To Let," or any othr r similar sign or notice in any place, nor by advertising the same in any newspaper or place or manner wh .tsoever without, in each ease, the consent in writing of Lessor first had and obtained. If Lessee, or any r ne or more of the Lessees, if there be more than one, shall make an assignment for the benefit of creditor , or shall be adjudged a bankrupt, Lessor may terminate this lease, and in such event Lessee shall at ona pay Lessor a sum of money equal to the entire amount of rent reserved by this lease for the then unexpire+portion of the term hereby created, as liquidated damages. LESSEE NOT 4. Lessee will not permit any unlawful or immoral practice, with ; r without his knowledge or consent, TO MISUSE to be committed or carried on in the Premises by himself or by any aher person. Lessee will not allow the Premises to be used for any purpose that will increase the rate of reliance thereon, nor for any pur- pose other than that herembefore specified. Lessee will not keep or AM: or permit to be kept or used in or on the Premises or any place contiguous thereto any flammable fluid . or explosives, without the written permission of Lessor first had and obtained. Lessee will not load floc s beyond the floor load rating pre- 3cribed by applicable municipal ordinances. Lessee will not use or allc w the use of the Premises for any purpose whatsoever that will injure the reputation of the Premises or of he building of which they are a part. CONDITION 5. Lessee has examined and knows the condition of the Premise and has received the same in good ON order and repair, and acknowledges that no representations as to the a mdition and repair thereof, and no POSSESSION agreements or promises to decorate, alter, repair or improve the Premise;, have been made by Lessor or his agent prior to or at the execution of this lease that are not herein expressed. REPAIRS AND 6. Lessee shall keep the Premises and appurtenances thereto in a clean, sightly and healthy condition, MAINTF, and in good repair, all according to the statutes and ordinances in and cases made and provided, and the NANCE directions of public officers thereinto duly authorized, all at his own expense, and shall yield the same back to Lessor upon the termination of this lease, whether such termination b tail occur by expiration of the term, or in any other manner whatsoever, in the some condition of cleanlinr ss, repair and sightliness as at the date of the execution hereof, loss by fire and reasonable wear and to Tr excepted. Lessee shall make all necessary repairs and renewals upon Premises and replace broken globe , glass and fixtures with material of the same size and quality as that broken and shall insure all glass in wi idows and doors of the Premises at his own expense. IF, however, the Premises shall not thus be kept in gm ,d repair and in a clean, sightly and healthy condition by Lessee, as aforesaid, Lessor may rotor the same, 9imself or by his agents, servants or employes, without such entering causing or constituting a termination d this lease or an interference with the pdssession of the PreemsMiTy L-esScc, and Lessor any, replace the s; nfa in the acme condition of repair, sightliness, healthiness and cleanliness as existed at the date of execution hereof, and Lessee agrees to pay Lessor, in addition to the rent hereby reserved, the expenses of Lessor it thus replacing the Premises in that condition. Lessee shall not cause or permit any waste, misuse or negh: A of the water, or of the water, gas or electric fixtures. ACCESS TO 7. Lessee will allow Lessor or any person authorized by Lessor free access to the Premises for the PREMISES purpose of examining or exhibiting the same, or to make any repairs or i Iterations thereof which Lessor may see fit to make, and Lessee will allow Lessor to have placed upon the Premises at all times notices of "For Sale" and "For Rent", and Lessee will not interfere with the same. NON- LIABILM S. Except as provided by Illincisetatute, Lessor shall not be liable A> Lessee for any damage or inury to him or his property occasioned by the failure of Lessor to keep the Premiss sin repair, and shall not belie lefor OF LESSOR any injury done or occasioned by wind or by or from any defect of plum )trig, electric wiring or of insulation thereof, gas oleos, water pipes or steam pipes, or from broken stain, pr. miles, railings or walks, or from the backing up of any sewer pipe or doom -spout, or from the bursting, 1, 'king or manning of any tank, tub, washstand, water closet or waste pipe, drain, or any other pipe or tank it , upon or about the Premises or the 15:54 18474754572 TOWNSHIP OF EVANSTON PAGE 09 LESSOR'S LIEN REMOVAL OF OTHER LIENS REMEDIES NOT EXCLUSIVE NOTICES MISCELLA- NEOUS SEVER - ABILITY State, to Lie and lawful attorney for him and in his nnme an. stead, to enter his appearance in any suit or suits that may ht in any court in this State at any time: when any money is due hereunder for rent or otherwise, to waive the frseriag..pI recess and service there, f and trial by jury or otherwise, and to confess a judgment or judgments for such o due and for co: is of suit and for reasonable attorney's fees in favor of Lessor, and to release all errors that m or b tervene in such proceedings, including the issuance of execution upon any such judgment, and to stipulate writ of error or appeal shall be prosecuted from such judgment or judgments, nor any bill in equity Sled, no edings of any kind taken in law or equity to interfere in any way with the operation of su:h judgment or judgm exeer Bert-:....t...d tr.t.-L_.. _:.'_ 1. -... ---, •,.C• sewcvti2iNilRv-nnm:'diataly.+. tine-FbezC9r .. , 17. Lessor shall have a first lien upon the interest of Lessee unt at this lease, to secure the payment of all moneys due under this lease, which lien may be foreclosed in equity at any time when money is overdue under this lease; and the Lessor shall be entitled to name a receive of said leasehold interest, to be ap- pointed in any such foreclosure proceeding, who shall take possession, of said premises and who may relet the same under the orders of the court appointing him. 18. In event anpp lien upon Lessees title results from any act or neglect of Lessee, and Lessee fails to remove said lien wit vin ten days after Lessor's notice to do so, Lessor may remove the lien by paying the full amount thereof or otherwise and without any investigation or con est of the validity thereof, and Lessee shall pay Lessor upon request the amount paid out by Lessor in sue ) behalf, including Lessor's costs, ex- penses and counsel fees. 19, The obligaiion of Lessee to pay the rent reserved hereby du ring the balancee of the term hereof, or during any extension hereof, shall not be deemed to be waived, nits sort or terminated, nor shall the right and power to confess judgment given in paragraph 16 hereof be darn ad to be waived or terminated by the service of any fivo-day notice, other notice to collect, demand for posse ssion, or notice that the tenancy hereby created will be terminated on the date therein named, the institutim of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in inch action, or any other act or acts resulting in the termination of Lessee's right to possession of the Pre nises. The Lessor may collect and re- ceive any rent due from Lessee, and payment or receipt thereof shall not waive or affect any such notice, demand, suit or judgment, or in any maimer whatsoever waive, affect, change, modify or alter any rights or remedies which Lessor may have by virtue hereof. 20, Notices may be served on either party, at the respective ad dresses given at the beginning of this lease, either (a) by delivering or causing to be delivered a written cop, thereof, or (b) by sending a written copy thereof by United States certified or registered in ail, postage prel: aid, addressed to Lessor or Lessee at said respective addresses in which event the notice shall be dcema: to have been served at the time the copy is mailed. 21. (a) Provisions typed on this lease and all riders attached I s this lease and signed by Lessor and Lessee arc hereby made a part of this lease. (b) Lessee shall keep and observe such reasonable rules am I regulations now or hereafter required by Lessor, which may be necessary for the proper and orderly care f the building of which the Premises are a part. (e) All covenants, promises, representations and agreeme Its herein contained shall be binding upon, apply and inure to the benefit of Lessor and Lessee and their espeetive heirs, legal representatives, successors and assigns. (it) The rights and remedies hereby created are cumulative and the use of one remedy shall not be taken to exclude or waive the right to the use of another. (e) The words "Lessor" and "Lessee" wherever used in Ilis lease shall be construed to mean Lessors or Lessees in all cases where there is more than one Lessor o' Lessee, and to apply to individuals, male or female, or to firms or corporations, as the same may be these ibed as Lessor or Lessee herein, and the necessary grammatical changes shall be assumed in each case as th mgh fully expressed. If there is more than one Lessee the warrant of attorney in paragraph 16 is given jointl i and severally and shall author!= the entry of appearance of, and waiver of issuance of process and trial by jury by, and confession of judgment against any one or more of such Lessees, and shall authorize the peffo'manee of every other act in the name of and on behalf of any one or more of such Lcssces. 22. If any clause, phrase, provision or portion of this lease or .he application thereof to any person or circumstance shall be invalid, or unenforceable under applicable I;: w, such event shall not affect, impair or render invalid or unenforceable the remainder of this lease nor any other clause, phrase, provision or Portion hereof, nor shall it affect the application of any clause, phrase, provision or portion hereof to other persons or circumstances. WITNESS the hands and seals of the panics to, as of tl s bate of Lease stated above. (j'{� -f(l�♦ ^�y5 THE T SBIP OF Y ANS N D I ' 1V N/IM)( • �F,nL)Yy; 1� _(SEAL) Harry rlaj \CYIA,. Honor e�B,gPayne Dodge Ass ate , Inc- XownskliP__8txper_tiso _ .. _ .(SEAL) (Lassorl "`4L) 14r4G<J JS.ALJ ASStONMENT BY LESSOR On tM` - 19..—, for value received, Lessor he eby transfers. assigns and sets over to . all right, title and interest in and to the abet„ Lease and the rent thereby reserved, except rent due and payable prior Is, 19_ (SEAL) 'SEAL) GUARANTEE On th'- 19, in consideration of Ten Dollars ($10.04) and other good and valuable consideraton, the receipt and sufficiency of which is hereby acknowledged, the undersigned Gore' Itor hereby guarantees the payment of rent and performance by Lessee, Lessee s heirs, executors, administrators, successors or assigns c f all covenants and agreements of the above lease. '°EAU -..- -(SEAL) NOTE: Use Form Number 124P for assignment by Lessee.