HomeMy WebLinkAboutFoster Field Lease5/24/2007
26-R-07
A RESOLUTION
Authorizing the City Manager to (Execute
a Lease Agreement between the City of Evanston and
the School District No. 65 for Foster Field
WHEREAS, Community Consolidated School District No.65, Cook
County, Illinois, is the Landlord of certain vacant property commonly known as the
Foster Field property, located in Evanston, Illinois (hereinafter, the "Premises"); and
WHEREAS, the Landlord has determined that the Premises, legally
described in Exhibit A-1 attached hereto and incorporated herein, is temporarily
unnecessary for its educational programs; and
WHEREAS, the Landlord's Board of Education has authority pursuant to
§10-22.11 of the School Code (105 ILCS 5110-22.11) to lease school property to the
City of Evanston; and
WHEREAS, the City Council of the City of Evanston has the authority to
lease the Premises for its governmental purposes, and has determined that such a
lease is in the best interest of the City; and
WHEREAS, the City has received a two hundred fifty thousand dollar
($250,000) grant from the Illinois Department of Commerce and Economic Opportunity
to be used for the redevelopment of the tennis court and basketball court at the
Fleetwood-Jourdain Center located on the Premises; and
WHEREAS, the demised Premises will benefit from the proceeds of said
Illinois Department of Commerce and Economic Opportunity grant.
26-R-07
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the foregoing recitals are hereby found as fact and
made a part hereof.
SECTION 2: That the City Manager is hereby authorized and directed to
sign and the City Clerk hereby authorized and directed to attest on behalf of the City of
Evanston the Lease Agreement by and between Community Consolidated School
District No. 65, Cook County, Illinois, and the City of Evanston marked as Exhibit 1, and
attached hereto and incorporated herein.
SECTION 3: That the City Manager is hereby authorized and directed to
negotiate any additional terms and conditions of the Lease Agreement as may be
determined to be in the best interests of the City,
SECTION 4: That this Resolution 26-R-07 shall be in full force and effect
from and after the date of its passage and approval in the manner provided by law.
Attest: Lorraine H. Morton, Mayor'
Mary
Adopted:
-2-
LEASE AGREEMENT BY AND BETWEEN
COMMUNITY CONSOLIDATED SCHOOL DISTRICT NO. 65
AND
THE CITY OF EVANSTON
THIS LEASE, made as of this IV day of IR h Y , 200'7 , by and between
the Community Consolidated School District No. 65, Cook County, Illinois (hereinafter called
"Landlord"), and the City of Evanston (hereinafter called "Tenant").
WITNESSETH
WHEREAS, Landlord is the owner of certain vacant property commonly known as the
Foster Field property, located in Evanston, Illinois (hereinafter referred to as the "Premises");
and
WHEREAS, Landlord has determined that the Premises, more specifically identified on
the attached Exhibit A and incorporated herein by reference are temporarily unnecessary for its
educational programs; and
WHEREAS, the Board of Education of Landlord has authority pursuant to Section 10-
22.1 E of the School Code (105 ILCS 5/10-22.11) to lease school property to Tenant; and
WHEREAS, the Board of Education of Landlord has found and determined that entry
into this Lease is in the best interests of the residents of the school district represented by the
Board; and
WHEREAS, the Governing Board of Tenant has the authority to lease grounds for its
governmental purposes; and
WHEREAS, the City has received a $250,000 grant from the Illinois Department of
Commerce and Economic Opportunity to be used for the redevelopment of the tennis court and
basketball court at the Fleetwood Joudain Center; and
WHEREAS, the demised Premises will benefit from the proceeds from the Illinois
Department of Commerce and Economic Opportunity grant; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein and in
consideration of the rents, covenants and agreements hereinafter reserved and contained on the
part of Tenant to be observed and performed, Landlord hereby leases to Tenant, and Tenant
hereby leases from Landlord, the Premises, upon the terms and conditions and agreements
hereinafter set forth, and Landlord and Tenant hereby agree as follows:
1. COMMENCEMENT AND EXPIRATION DATES OF LEASE TERM. The
term of this Lease shall commence on the first (1st) day of June, 2007 (the "Commencement
Date") and end on the thirty-first (31st) day of May, 2022, unless earlier terminated or later
renewed and extended as hereinafter provided, which period shall be referred to herein as the
"Lease Term."
YABoard Finance CommittecTinal Foster
Field Lease May 2007.DOC
329024.1
2. USE OF PREMISES BY TENANT. The Premises shall be used by Tenant to
conduct activities related to Tenant's recreational services and programs and providing those
services which are customarily incidental thereto (the "Permitted Use"), and no other use of the
Premises shall be permitted, unless otherwise specifically addressed herein or authorized by
Landlord. Tenant specifically acknowledges that the use, sale or advertisement of tobacco or
alcohol products on the Property, including the Premises by Tenant, its employees, agents and
sublettees is prohibited. Tenant shall not be responsible for conditions of the Premises prior to
the effective date of this Lease.
3. USE OF PREMISES BY LANDLORD. Landlord reserves the right without
charge to use the Premises on several dates each year for its own students' recreational programs
and activities. Landlord and Tenant agree to meet and confer within the first quarter of each
calendar year on an as needed basis to coordinate Landlord's occasional use of the Premises.
4. RENT. Tenant agrees to pay Landlord an annual rental fee of One Dollar ($1.00)
during the initial year of the Lease Term. Such rental fee shall be paid to Landlord by Tenant in
annual lump sum installments during the Lease Term on or before the 3 1 " day of May each year.
5. CONDITION OF PREMISES. Tenant acknowledges that neither Landlord nor
any agent or employee of Landlord has made any representation or warranty concerning the
Premises, with respect to the suitability, condition or repair thereof, and Tenant accepts
possession of the Premises and any items of personal property which Landlord might leave on
the Premises "as is
All damage or injury to the Premises caused by the acts or negligence of Tenant, its
agents, employees, licensees, invitees, permittees, or visitors, shall be promptly repaired, to the
satisfaction of the Landlord, by employees of the Tenant or at its own cost.
6. ALTERATIONS AND IMPROVEMENTS. Tenant shall not have the right, at
any time during the term hereof except as otherwise specified herein in Section 7 or with the
prior written consent of the Landlord, to make additions, alterations, changes or improvements to
the Premises or any part thereof. All improvements resulting from any such work shall, upon
completion thereof, become the property of the Landlord unless the written consent of the
Landlord contains an express provision to the contrary.
Before commencement of any additional work or delivery of any materials onto the
Premises, Tenant shall furnish Landlord with plans and specifications, names and addresses of
contractors, copies of contracts, necessary permits and indemnification in form and amount
satisfactory to Landlord and waivers of lien against any and all claims, costs, damages, liabilities
and expenses which may arise in connection with the alterations, changes and improvements.
Whether Tenant furnishes Landlord with the foregoing or not, Tenant hereby agrees to hold
Landlord harmless from any and all liabilities of every kind and description which may arise out
of or be connected in any way to said alterations, changes and improvements.
Before commencing any work by an outside contractor Tenant shall furnish Landlord
with Builder's Risk insurance satisfactory to Landlord. The coverage and limits under the
policies of insurance shall be subject to Landlord's decision and approval, and shall name
Landlord, its agents, officers and employees, their successors and assigns, as named insureds.
19
329024A
Additionally, Tenant shall furnish Landlord with certificates of insurance from all outside
contractors performing labor or furnishing materials that insure Landlord against any and all
liabilities which may arise out of or be connected in any way with said alterations, changes and
improvements.
7. TENANT'S IMPROVEMENTS. Tenant shall be responsible for the design and
construction, in coordination with Landlord, of certain renovations and improvements to the
Premises, more specifically described in attached Exhibit B. Tenant agrees that it shall be solely
responsible for the payment of the total cost and expense of all such work, which payment shall
be in addition to Tenant's rent obligations specified in Section 4 of this Lease. The design,
construction, renovations and improvements described under this section 7 are not subject to and
specifically excluded from the conditions set forth under section 6 of this agreement.
8. UTILITIES. Tenant shall be responsible for any and all water, sewer, electricity,
natural gas and refuse disposal charges ("Utility Charges") for the Premises during the Lease
Term. In addition, Tenant shall be solely responsible for all charges and costs of installation of
such utility services as well as for any telephone hardware, wiring and service charges applicable
to the Premises and Tenant's use of the Premises.
9. MAINTENANCE AND MINOR REPAIRS. Tenant shall not be responsible for
conditions of the Premises prior to the effective date of this Lease. During the term of this
Lease, Tenant agrees to maintain the Premises in a clean, safe and orderly manner and in full
compliance with all applicable federal, State, county and local laws and regulations. Tenant
further agrees to assume all costs and obligations for the necessary repair or replacement of the
Premises' improvements, including any irrigation systems as well as any plumbing and electrical
systems related to Tenant's use of the Premises, excluding damages caused by fire or other
casualty to the extent such damages are covered by the proceeds of insurance. Tenant further
agrees to perform all necessary maintenance services upon the Premises, including but not
limited to, the seeding, fertilizing, mowing of grass, the removal of litter and debris,
snowplowing and the provision of appropriate security services for the Premises.
During the term of this Lease, Tenant further agrees that it shall be responsible for
ordinary and minor repairs to the Premises which may be damaged by Tenant, or its employees,
licensees, permittees, or invitees. In the event Landlord shall be dissatisfied with Tenant's minor
repairs to the Premises or replacement of improvements, Landlord shall notify Tenant of its areas
of dissatisfaction. If Tenant fails to resolve Landlord's concerns within five (5) working days
after notice by Landlord to Tenant, Landlord shall be permitted to do the repairs or replacements
itself, without the issuance of a written purchase order, and charge Tenant its actual costs,
including labor, material and overhead, of performing such work. Said repairs or replacements
shall exclude any reconstruction, renovation and improvement projects already consented to by
Landlord. Notwithstanding demolition and reconstruction of the Premises, Tenant shall restore
the Premises to its condition prior to the term of this Lease or to improve and enhance the
condition of the Premises so long as it is approved and consented to by Landlord.
10. LIABILITY INSURANCE. Tenant agrees during the term hereof to provide, at
its sole cost, liability insurance or general comprehensive liability insurance, in the joint names
of Landlord, its board members individually, and its agents and employees, and Tenant, covering
the Premises for injury or death to any person or persons, and property damage, in such amounts
3
329024.1
and with such insurance companies licensed to do business in Illinois as are satisfactory to
Landlord, and to pay the premiums therefore and to deliver said policies or certificates thereof to
Landlord. Each insurer under the policies required hereunder shall agree by endorsement on the
policy issued by it, or by independent instrument furnished to Landlord, that it will give
Landlord thirty (30) days prior written notice before the policy or policies in question shall be
altered or canceled.
11. INDEMNIFICATION. Tenant will indemnify Landlord and its officers,
employees, and agents or their successors or assigns, and save them harmless from and against
any and all claims, actions, damages, liability and expense in connection with loss of life,
personal injury and/or damage to property arising from or out of or in connection with the
occupancy or use by Tenant of the Premises or any part thereof, or occasioned wholly or in part
by any act or omission of Tenant, its agents, contractors, employees, servants, or their successors
or assigns. In case Landlord or its officers, employees or agents or their successors or assigns
shall, without fault on their part, be made a party to any litigation commenced by or against
Tenant or its officers, employees, agents, or their successors or assigns, then Tenant shall protect
and hold Landlord and its officers, employees and agents or their successors or assigns harmless
and shall pay all costs, expenses and reasonable attorney's fees incurred or paid by them in
connection with such litigation.
Landlord will indemnify Tenant and its officers, employees, and agents or their
successors or assigns, and save them harmless from and against any and all claims, actions,
damages, liability and expense in connection with loss of life, personal injury and/or damage to
property arising from or out of or in connection with the occupancy or use by Landlord of the
Premises or any part thereof, or occasioned wholly or in part by any act or omission of Landlord,
its agents, contractors, employees, servants, or their successors or assigns. In case Tenant or its
officers, employees or agents or their successors or assigns shall, without fault on their part, be
made a party to any litigation commenced by or against Landlord or its officers, employees,
agents, or their successors or assigns, then Landlord shall protect and hold Tenant and its
officers, employees and agents or their successors or assigns harmless and shall pay all costs,
expenses and reasonable attorney's fees incurred or paid by them in connection with such
litigation.
12. FIRE AND EXTENDED COVERAGE INSURANCE. Landlord shall provide
and maintain fire insurance and extended coverage with a reputable insurance company or
cooperative. Tenant waives all right to any proceeds under Landlord's fire and extended
coverage insurance policies excepting proceeds, if any, to which it may be entitled for coverage
of its personal property on the Premises. However, Landlord shall have no obligation to insure
said personal property. The policies and duly executed certificates for same shall reflect the
insured's waiver of its right of subrogation.
13. DAMAGE OR DESTRUCTION. If the Premises are damaged by fire or other
insured casualty, the damage shall be repaired by and at the expense of Landlord to the extent of
such insurance proceeds available therefore, provided such repairs can, in Landlord's sole
opinion, be made within one hundred and twenty (120) days after the occurrence of such damage
without the payment of overtime or other premiums, and until such repairs are completed the
0
329024.1
payments, as described in Section 4, shall be abated in proportion to the part of the Premises
which is unusable by Tenant in the conduct of its business (but there shall be no abatement of
payment by reason of any portion of the Premises being unusable for a period equal to one day or
less). If the damage is due to fault or neglect of Tenant or its employees, agents or invitees, there
shall be no abatement of payments. If repairs cannot, in the Landlord's sole opinion, be made
within one hundred and twenty (120) days, then either party may, by written notice to the other,
cancel this Lease as of the day of the occurrence or such damage. A total destruction of the
Property on which the Premises are located shall automatically terminate this Lease.
Notwithstanding demolition and reconstruction of the Premises, Tenant shall restore the
Premises to its condition prior to the term of this Lease or to improve and enhance the condition
of the Premises so long as it is approved and consented to by Landlord. Except as provided in
this Article, there shall be no abatement of payments and no liability of Landlord by reason of
injury to or interference with Tenant's property arising from the making of any repairs,
alterations, or improvements in or to any portion of the Property or the Premises or in or to
fixtures, appurtenances and equipment therein. Tenant understands and agrees that Landlord
shall have no obligation to carry insurance of any kind on Tenant's furniture and furnishings or
on any fixtures or equipment removable by Tenant under the provisions of this Lease, and that
Landlord shall not be obligated to make any repairs thereto or to replace the same.
Landlord shall not be liable and Tenant waives all claims against Landlord for damage to
personal property sustained by Tenant or any other person claiming through Tenant resulting
from any action or occurrence on the Premises or any equipment or appurtenance thereto
becoming out of repair or resulting directly or indirectly from any act or neglect of Landlord or
any occupant or other person on the Premises. All personal property belonging to Tenant or any
other occupant on the Premises shall be there exclusively at risk of Tenant or such other persons
and Landlord shall not be liable for any damage thereto or the theft or misappropriation thereof.
14. DEFAULT. If default be made in the payment of rent or other sums to be paid by
Tenant in accordance with this Lease, or in the event of default in any of the covenants herein
contained to be kept by Tenant, it shall be lawful for Landlord at any time, at its election, with
prior written notice of its intention to that effect, to declare said Lease Term ended and to reenter
the Premises with or without process of law, and to remove Tenant or any persons occupying
same, without prejudice to any remedies which might otherwise be used for arrears of rents or
other sums due, and Landlord shall have at all times the right to distain for rent due and shall
have a valid and first lien upon all personal property which Tenant owns or may hereafter
acquire or have an interest in, as security for payment of the rent or other sums.
15. GOVERNMENTAL .REGULATIONS. Tenant shall not be responsible for
conditions of the Premises prior to the effective date of this Lease. During the term of this
Lease, Tenant shall at its expense comply with all requirements of state, federal, and local
regulatory authorities and governmental regulated utility companies with respect to its use of the
Premises and shall promptly obtain and maintain at its expense and at all times any required
licenses, certificates, or variations of the zoning laws. Should Tenant be found to be in violation
of any federal, state, or applicable local rules, statutes, regulations, or ordinances and be unable
to cure such violations within thirty (30) days or such reasonable extension of time as is mutually
agreed upon between Tenant and Landlord, this Lease shall terminate.
5
329024.1
16. ASSIGNMENT AND SUBLETTING. Tenant shall not sell, assign, hypothecate,
sublet or transfer this Lease or Tenant's interest hereunder, or subject the Premises or any part
thereof, or permit the Premises or any part thereof, to be used for any purpose other than for the
Permitted Use, without the prior written consent of the Landlord in each instance, which consent
shall be granted or withheld in Landlord's sole and absolute discretion. Consent by Landlord to
an assignment or subletting shall not be construed as relieving Tenant from obtaining the express
written consent of Landlord to any further assignment or subletting or as releasing Tenant from
any liability or obligation hereunder. Any sublessee or assignee whose sublease or assignment
meets the foregoing requirements shall use the Premises only for Permitted Use.
17. RIGHTS AND REMEDIES. The various rights and remedies herein granted to
Landlord and Tenant shall be cumulative and in addition to any other remedies Landlord and
Tenant may be entitled to by law, and the exercise of one or more rights or remedies shall not
impair Landlord's or Tenant's right to exercise any other right or remedy.
18. RIGHT OF ENTRY. Landlord and its agents shall have the right to enter the
Premises at all reasonable times for the purpose of examining or inspecting the same, or for other
purposes permitted under this Lease; provided, however, that nothing herein contained shall be
construed as imposing upon Landlord any obligation, responsibility or liability whatsoever for
the care, maintenance or repair of the Premises, except as specifically provided for in this Lease.
19. SURRENDER OF PREMISES. At the termination of this Lease, Tenant shall
surrender the Premises to Landlord in as good condition and repair as reasonable and proper use
thereof would permit. At the end of the term hereof, Tenant shall not remove any equipment, or
other personal property placed on the Premises by Tenant unless Landlord has consented in
writing to the removal of same and Tenant promptly pays Landlord's actual costs, including
labor, material and overhead for repairs necessary to restore the Premises. Notwithstanding
demolition and reconstruction of the Premises, Tenant shall restore the Premises to its condition
prior to the term of this Lease or to improve and enhance the condition of the Premises so long as
it is approved and consented to by Landlord.
20. NOTICES. Any notice required or permitted to be given hereunder shall be in
writing and may be given personally, with receipted proof of delivery, or by registered or
certified mail, postage prepaid, return receipt requested, addressed to Tenant or to Landlord at
the address noted above the signature of the respective parties, as the case may be. Either party
may by written notice to the other specify a different address for notice purposes.
21. PARTIAL INVALIDITY. Any provision of this Lease which shall prove to be
invalid, void or illegal shall in no way affect, impair or invalidate any other provision hereof and
such other provisions shall remain in full force and effect.
22. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between
the parties hereto with respect to the subject matter hereof and no prior agreement or
understanding with regard to any such matter shall be effective for any purpose. No provision of
this Lease may be amended or added to except by an agreement in writing signed by the parties
hereto.
0
329024.1
23. TAXES. If the Premises, or any part thereof, are determined to be used for non-
exempt purposes and become subject to taxation, Tenant shall be responsible for the payment of
any taxes assessed directly against the Premises or pursuant to a leasehold tax for the Lease
Term, and said taxes shall constitute additional rent due hereunder and shall be payable at the
time said taxes are due. Landlord and Tenant shall each have the right to challenge, at their own
expense, any loss of tax exempt status of the Premises.
24. TERMINATION. Notwithstanding any provisions herein to the contrary,
Landlord may terminate this Lease upon one year's prior written notice to Tenant, if Landlord
shall determine that the Premises or a portion thereof are required by Landlord for its educational
programs or that the Premises should be sold. Similarly, Tenant may terminate this Lease for
any reason upon one year's prior written notice to Landlord. Should Landlord exercise its rights
of early termination during the initial term of this Lease, Landlord agrees to reimburse Tenant for
the non -depreciated costs of any leasehold improvements constructed by Tenant with the
approval of Landlord. Tenant and Landlord have agreed upon an appropriate depreciation
schedule (attached) in conjunction with Landlord's initial approval of each capital improvement;
however, in no case will the term of such schedule extend beyond the initial term of this Lease.
Landlord may also in its sole judgment, allow for the removal of any such improvement by
Tenant and thereby be relieved of any corresponding payment obligation to Tenant.
25. RENEWAL. The initial term of this Lease shall commence on the date hereof
and end on May 31, 2022. Thereafter, this Lease shall be deemed automatically renewed for
successive one-year periods unless either party to this Lease shall advise the other in writing at
least sixty (60) days prior to the annual renewal date of its intention not to renew this Lease, or
unless the parties otherwise mutually agree to its termination.
7
329024.1
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Lease on the
date first above written.
TENANT:
CITY OF EVANSTON,
DEPARTMENT OF PARKS/
FORESTRY AND RECREATION
2100 RIDGE AVENUE
EVANSTON, IL 60201
By.
ty Manager
Attest:
By.. i7t Cz�
City rk (3 Lj
L ArN10 * '
COMMUNITY CONSOLIDATED
SCHOOL DISTRICT NO. 65,
COOK COUNTY, ILLINOIS
1500 McDANIEL AVENUE
EVANSTON, IL 60201
1
By: L
President, oar Aiof Educ/�ation
Community Consolidated
School District No. 65,
Cook County, Illinois
Attest:
By. tctZct cup �� Lalt !�a�Yr.
Secretary, Board of Education
Community Consolidated
School District No. 65,
Cook County, Illinois
Pi
329024.1
10A061131W.W
LEGAL DESCRIPTION
Parcel A:
Lot 3 in Foster Field Resubdivision of part of the
Northwest % of the Northeast % of Section 13, Township
41 North, Range 13 East of the Third Principal
Meridian, in Cook County, Illinois, according to the
Plat thereof recorded June 13, 1983 as document
26640069.
Address: 2000 Foster Street, Evanston, Illinois 60201
PIN #: 10-13-201-028-0000
E
329024.1
EXHIBIT A-2
PROPERTY DESCRIPTION
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PIN: 10-13-201-028-0000
Tax Payer. SCHOOL OIST 0 cS
Assessed value: $0.00
Class: 001)
Tax Code: 17001
Billing Adl: 1314 RIO`3E
1 Billing Ad2: EVANSTON IL
i Billing Ad2: 60201
Residence Type: 0
Type of Use: 0
j Improvaient SF: 0
Land SF; 0
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EXHIBIT B
TENANT'S IMPROVEMENTS
The overall project will be a multi -year improvement to all outdoor facilities at Foster
Field which may include:
• Tennis court reconstruction
• Basketball court reconstruction
• Softball field renovations
• Football field renovations
• Parking lot reconfiguration/reconstruction
• Site furnishing improvement
• Lighting
• Paving
• Recreation Center entry renovations
• Playground renovations
Projects will be completed with funds from the Department of Commerce and Economic
Opportunity, the City of Evanston, and other possible grant opportunities.
11
329024.1
EXHIBIT C
DEPRECIATION SCHEDULE
Year
Annual
Undepreciated
Total Depreciation
Depreciation
Amount
Amount
2007
$
-
$
250,000.00
$
-
2008
$
31,250.00
$
218,750.00
$
31,250.00
2009
$
31,250.00
$
187,500.00
$
62,500.00
2010
$
31,250.00
$
156,250.00
$
93,750.00
2011
$
31,250.00
$
125,000.00
$
125,000.00
2012
$
31,250.00
$
93,750.00
$
156,250.00
2013
$
31,250.00
$
62,500.00
$
187,500.00
2014
$
31,250.00
$
31,250.00
$
218,750.00
2015
$
31,250.00
$
-
$
250,000.00
M.
329024.1