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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 `JttiatmM ■F 7'�n■'Amfk .,a r'raaf#`1niBf li'3'.%;f[GIbi9),V'4v tic`ti ?c4fj,. f�.'ly3m>�Sfa'rtriw Ww..x `.t ug:,.z`wu s�`t,,..2' ;,sa'..:� http:(fwaw.«;OfevdMlCn.GrS:,irrn`Si0Jnf5.15^d':�:e�06rrgwrM�;et v:: (moo ...` ",, g,J . Boolmdr4sv as b°ccfpd City ofnaaeir- t Evanston a Chak v :� AtAoiml: V W' S,;MYd to '^I`xea OVAr 4'M1r`.;'!R.'VfMI.n;P!'MPT11PnFlla�el3 .;c:<slnurycxmna curnpu u> .:':ycasrcay .. Fi County Info -- Run Assessors Report -- - Run Recorders Report -- -- View Photo -- 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 i Zoom to thrs feature End of Result Set Metedata is available for the fields that are i hoghhghted as hgperhnks. To v.ew the rnetadata, click on the field name. t i / Simpson e F� w • r w ,I w ■ r, '*�'',v'5,t811'„;,� � ,�,rra�t«.atteXfk`ta.'; 11,%s`r�eracaee;rrce'�;, IA■z�mdans�:.w;�GP .w9lexarr�tEs. V Foster Field s 10 5/10/2007 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