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HomeMy WebLinkAboutSub-Lease Peter Jans Golf Course1 /6/04 EXHIBIT A PETER N. JANS COMMUNITY GOLF COURSE SUBLEASE AGREEMENT This AGREEMENT is made this / day of Mcirch , by and between the CITY OF EVANSTON, a municipal corporation, organized and existing under the laws of the State of Illinois, hereinafter "the City", and the Evanston- Wilmette Golf Course Association, Inc., hereinafter "the Association." R E C I T A L S On April 21, 1994, the City executed an extension of lease No. L-063 dated October 14, 1966, with the Metropolitan Water Reclamation District of Greater Chicago ("the District"); said lease and extension are hereinafter referred to as "the Master Lease." Since 1919 the City has sublet a certain portion of the leasehold property to the Association, formerly the Evanston Community Recreation Association, for use in connection with the Association's operation of the Peter N. Jans Community Golf Course, "the Demised Premises", legally described on Exhibit "A" attached hereto and made a part hereof. As permitted by the Master Lease, the City desires to continue to sublet the Demised Premises to the Association, said sublease to supersede prior agreements and understandings between the City and the Association if inconsistent herewith and to be consistent and run concurrently with the Master Lease until May 31, 2032. NOW THEREFORE, for a nd in consideration of the promises, covenants, conditions, agreements and undertakings hereinafter set forth and other good and valuable consideration, the receipt of which is hereby acknowledged, the City and Association agree as follows: 1. Aareement. All of the foregoing recitals constitute the factual basis for this transaction and are incorporated herein by reference and made a part hereof. 2. Sublease of the Demised Premises. Subject to the Association's compliance with the terms and conditions of, and fulfillment of its obligations under, this Sublease Agreement, the City hereby subleases the Demised Premises to the Association for the term and the use hereinafter set forth. The City, by action of its City Council, may, after consultation with the Association's Board, withdraw from the Demised Premises portion(s) thereof, which, in the City's sole judgment, are not needed for Golf Course operation and maintenance. The Director of Parks/Forestry & Recreation shall send the Golf Course Association written notice of his/her intent to seek City Council approval to withdraw the property or properties in question. The Association shall have thirty (30) business days after notice is given pursuant to paragraph 11, infra. to file its written objections/ such a manner as to not unreasonably interfere with the Association's operation and maintenance of the Golf Course. The Association will cooperate fully with the City in scheduling and implementing such uses. If the City and Golf Course desire to schedule a program at the same time, the Golf Course shall have preference in selection of program times. In the event the City's use of the Demised Premises as provided for in this paragraph 4(b) damages the Demised Premises, the City will restore the Demised Premises to the condition existing immediately prior to the damages. The City shall maintain insurance necessary to protect the interests of the Association as they relate to the City's use of the Demised Premises as provided for in this paragraph 4(b), and shall indemnify and hold the Association harmless with regard, thereto, at the City's sole cost and expense. The City shall not include such costs as a reimbursable operating expense of the Demised Premises. in the event that the City should realize net profit from operations on the golf course, the City will be obligated to pay 25% of the profit directly to the Metropolitan Water Reclamation District as required by the Master Lease. (c) Alcohol on the Demised Premises. Alcoholic beverages are prohibited on the Demised Premises. This paragraph shall not be construed to prohibit the consumption or possession of alcoholic beverages within an area bounded by the north wall and the east wall of the American Legion Building at 1030 Central Street and by the intersection of a line one hundred feet (100') west of the American Legion Building and a line one hundred feet (100') south of said Building, provided the appropriate State and City Liquor licenses are in effect for the American Legion Building demised premises. The Association must post signage advising of the boundaries within which possession and consumption of alcoholic beverages are permitted. Posting and maintenance of said signs are the responsibility of the Association. 5. Master Lease Reauirements/Payments. The City has provided the Association with a complete copy of the Master Lease as extended by the Lease Extension Agreement dated April 21, 1994. The Association covenants that it shall abide by the terms of the Master Lease and its action or inaction shall not cause the City to be in default or breach under said Master Lease, The Association further agrees to timely make or cause to be made such reporting and payments as may be due thereunder by the City to the District either to the City or to such third parties as directed in writing by the City. Pursuant to the Master Lease section 4 (D),the Association will provide a copy of its annual audit to the City within one hundred fifty (150) days of the end of the Association's fiscal year (which is December 31). 6. Rent/Income. WIN and owing, the Association shall promptly upon receipt of a written request therefor from the City, pay to the City for forwarding to the District, such monies as are demanded by the District. 7. Insurance/Indemnification, The Association agrees to indemnify and hold harmless the City and the District, and provide and maintain insurance coverages in accordance with Exhibit "B" attached hereto and incorporated by reference in this Sublease Agreement. The City reserves the right to conduct annual reviews of the insurance and indemnity requirements and to modify the terms and conditions, increase the policy limits, to require the Association to purchase additional coverage or different types of coverage, and/or to require placement of insurance with a company having a higher rating with the Alfred M. Best Company. The City's failure to conduct such annual review shall not be deemed a waiver of its right to do so. 8. Termination. The Sublease may be terminated prior to its expiration on May 31, 2032, as follows: (a) Insurance. By the City immediately upon written notice in the event the Association fails to comply with the insurance and indemnity provisions of this Sublease Agreement and fails to cure said failure within two (2) days of r eceipt of s aid w ritten notice o f s aid failure; The C ity m ay, b ut i s n of obligated to, give the Association additional time to cure. (b) Other Material Breach. Except as provided in subparagraph 8 (a) above, by the City upon thirty (30) days prior written notice in the event the Association has failed to comply with any material provisions) as hereinafter defined in paragraph 9 of this Sublease Agreement and failed to cure said failure within the thirty (30) days after receipt of written notice from the City specifying the deficiencies. In the event the breach cannot be cured within the specified thirty (30) days after notice is given pursuant to paragraph 11, infra. from the City specifying the deficiencies, the Association shall within said time provide the City with a written plan to cure acceptable to the City. In the event the written notice from the City pertains to violation of paragraph 4(a), including and without limitation to parking, standing or storing of motor vehicles, other than golf carts utilized in the operation of the Golf Course, the Association shall provide the City with a plan to cure acceptable to the City within two (2) days of receipt of written notice from the City. The City may, but is not obligated to, give the Association additional time to cure pursuant to this paragraph 8(b). -5- of the Director of Park/Forestry & Recreation. Said written objection shall state the ground(s) for objection with specificity and shall be directed to the attention of the City Clerk for the City Council to consider in making its decision. The Director of Parks/Forestry & Recreation shall notify the Association of the date and time of the City Council consideration of the proposal upon finalization of the meeting's agenda. This notice of the City Council meeting date shall be in writing and shall be given promptly, but shall not be subject to the notice time provisions of para. 11. Notice by fax to the number provided by the Association in para. 11. shall fulfill this requirement. 11. Notices. Notices shall be in writing and either (a) personally delivered with receipted proof of delivery; or (b) mailed by first-class certified or registered mail, postage prepaid and return receipt requested, addressed as follows: If to City: Director, Parks/Forestry and Recreation City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Phone: 847-448-8040 Fax: 847-448-8051 With a copy to: Law Department City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Fax: 847-448- 8093 If to Association: Evanston -Wilmette Golf Course Association, Inc. Attention: Phone: Fax: Or to such other address as either party may from time to time designate by written notice to the other party. A notice given by certified or registered mail will be deemed given three (3) business days after such notice is deposited in the United States mail, postage prepaid, whether or not such notice is actually received by the addressee. Notices delivered in person shall be effective upon delivery. IN WITNESS WHEREOF, the City of Evanston and the Evanston Wilmette Golf Course Association, Inc. have each caused this Sublease agreement to be executed by its duly authorized officers, as of the day and year first above written. -7- EXHIBIT A PETER N. JANS GOLF COURSE THAT PART OF SECTIONS 7, 12 AND THE OUILMETTE RESERVATION IN TOWNSHIP 41 NORTH AND TOWNSHIP 42 NORTH AND IN RANGE 13 AND RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT -OF -WAY LINE OF NOYES STREET WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE EAST 113.84 FEET, MORE OR LESS, ALONG THE NORTH LINE OF NOYES STREET TO ITS INTERSECTION WITH THE WEST LINE OF THE NORTH - SOUTH PUBLIC ALLEY IN BLOCK 4 IN McCORMICK'S SUBDIVISION OF PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 13, AFORESAID; THENCE NORTH ALONG THE WEST LINE OF THE WEST LEG OF SAID NORTH - SOUTH PUBLIC ALLEY IN SAID BLOCK 4,156 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE NORTH LINE OF THE EAST - WEST PUBLIC ALLEY IN AFORESAJD BLOCK 4 OF MCCORMICK'S SUBDIVISION; THENCE EAST ALONG THE NORTH LINE OF SAID EAST- WEST PUBLIC ALLEY 379 FEET, MORE OR LESS, TO ITS INTERSECTION WITH THE WEST LINE OF THE EAST NORTH- SOUTH ALLEY IN BLOCK 4; THENCE NORTH ALONG THE WEST LINE OF SAID NORTH - SOUTH ALLEY AND ITS EXTENSION NORTH TO A POINT OF INTERSECTION WITH THE NORTH LINE OF GRANT STREET; THENCE EAST ALONG THE NORTH LINE OF GRANT STREET TO THE POINT OF INTERSECTION WITH THE WEST LINE OF WESLEY AVENUE; THENCE NORTH ALONG SAID WEST LINE OF WESLEY AVENUE TO THE NORTHEAST CORNER OF LOT 23 IN BLOCK 1 IN EVANSTON PARK ADDITION IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12 AFORESAID; THENCE EAST ACROSS WESLEY AVENUE AND ALONG THE NORTH LINE OF LOT 10 IN BLOCK 1 IN AFORESAID EVANSTON PARK ADDITION TO THE SOUTHWEST CORNER OF LOT 6 IN AFORESAID EVANSTON PARK ADDITION; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 6 TO THE SOUTHWEST CORNER OF LOT 5 IN SAID BLOCK 1 OF AFORESAID EVANSTON PARK ADDITION; THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 TO THE WEST LINE OF ASBURY AVENUE; THENCE NORTH ALONG THE WEST LINE OF ASBURY AVENUE TO THE NORTHEAST CORNER OF LOT 4 IN SAID BLOCK 1; THENCE NORTHEASTERLY TO THE NORTHWESTERLY CORNER OF LOT "B" IN OWNER'S SUBDIVISION IN THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE OF LOT 11 WHICH IS 450 FEET EAST OF THE WEST LINE OF SAID SECTION 7; THENCE NORTHEASTERLY TO A POINT ON THE SOUTH LINE OF LOT 3, ASSESSOR'S DIVISION, 850 FEET EAST OF THE WEST LINE OF SECTION 7; THENCE NORTHEASTERLY TO A POINT ON INTERSECTION OF THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO TRANSIT AUTHORITY AND THE NORTH LINE OF CENTRAL STREET; THENCE EAST ALONG THE NORTH LINE OF m RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO AND NORTHWESTERN RAILROAD TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THOSE PARTS DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF LOT 11 IN ASSESSOR'S DIVISION OF FRACTIONAL SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN WHICH IS 450.0 FEET EAST OF THE WEST LINE OF SAID SECTION 7; THENCE NORTHEASTERLY TO THE POINT OF INTERSECTION WITH THE NORTH LINE OF LOT 4 IN AFORESAID ASSESSOR'S DIVISION SAID POINT BEING 619.47 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 4 FOR A POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE TO ITS INTERSECTION WITH THE NORTH LINE OF LINCOLN STREET; THENCE WEST ALONG THE NORTH LINE OF LINCOLN STREET TO ITS INTERSECTION WITH THE EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF ASBURY AVENUE, EXTENDED SOUTH, TO ITS INTERSECTION WITH THE SOUTH LINE OF LINCOLN STREET; THENCE EAST ALONG THE SOUTH LINE OF LINCOLN STREET TO THE POINT OF BEGINNING: ALSO BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF CENTRAL STREET WITH THE EASTERLY LINE OF THE RIGHT-OF-WAY OF THE CHICAGO TRANSIT AUTHORITY; THENCE WEST ALONG THE NORTH LINE OF CENTRAL STREET TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT AVENUE; THENCE SOUTHWESTERLY TO A POINT ON THE SOUTH LINE OF CENTRAL STREET, SAID POINT BEING FURTHER DESCRIBED AS THE NORTHEAST CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT BEING 319.90 FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ALONG THE SOUTH LINE OF CENTRAL STREET 608.44 FEET, MORE OR LESS; THENCE NORTHEASTERLY TO THE POINT OF BEGINNING: ALSO COMMENCING AT THE SOUTHWEST CORNER OF LOT 20 IN EVANSTON GOLF SUBDIVISION WEST IN THE SOUTH PART OF OUILMETTE RESERVATION; THENCE SOUTH ALONG THE WEST LINE OF LOT 20, EXTENDED SOUTH, 33.0 FEET TO THE CENTERLINE OF ISABELLA STREET; THENCE EAST ALONG THE CENTERLINE OF ISABELLA STREET 214,87 FEET TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO A POINT WHICH IS 33.0 -11- CITY/GOLF COURSE SUBLEASE 1/(:IIciYT-.� INSURANCE INDEMNITY The Association shall procure and maintain for the duration of the Sublease, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the Association's operation and use of the Demised Premises. The cost of such insurance shall be borne by the Association. The Association's indemnity obligation shall not be limited by virtue of its insurance coverage(s). A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage ("occurrence") form CG 0001 1185) or Insurance Services Offices form number GL 0002 (Ed. 1/73) covering Comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability, or the most recent revision. 2. Any endorsement which limits contractual liability shall be deleted in its entirety. Contractual insurance shall be provided. 3. If liquor is to be sold, distributed or provided, Liquor Liability coverage in accordance with Section 6-21 of the Illinois Liquor Control Act. 4. The City is to be named as an additional insured on a non-contributory basis on all insurance required by the Sublease. B. The Association shall maintain limits no less than: 1. General Liability: $2,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability Insurance o r o ther form w ith general aggregate I imit i s used, the general coverage shall state that the Association's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. -13- CITY/GOLF COURSE SUBLEASE employees, volunteers or officers or independent contractors or subcontractors of the Association, the Wilmette Park District, the City, or the MWRD, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly from the granting of this Sublease, whether such loss, damage, injury, or liability is contributed to by the negligence of the Wilmette Park District, the MWRD or by the Demised Premises themselves or attributed or alleged to be attributed to the condition of any equipment thereon whether latent or patent, or from all other causes whatsoever with the exception of the City's use of the Demised Premises for actions described in paragraph 4(b) of the sublease,. The Association will notify the City immediately in writing of any such threatened or asserted claim or liability. In the event of any conflict between the language of the above insurance policy(ies) and the language of this indemnity, this indemnity will control. END OF EXHIBIT B -15- 6-0-04 CENTRAL STREET TO THE WEST LINE OF GIRARD AVENUE; THENCE NORTH ALONG THE WEST LINE OF GIRARD AVENUE TO THE NORTH CITY LIMITS OF THE CITY OF EVANSTON; THENCE WEST ALONG THE CITY LIMITS OF THE CITY OF EVANSTON TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY; THENCE SOUTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY TO ITS INTERSECTION WITH THE EAST LINE OF BRYANT AVENUE; THENCE SOUTH ALONG THE EAST LINE OF BRYANT AVENUE TO THE NORTH LINE OF CENTRAL STREET; THENCE SOUTHWESTERLY TO THE NORTHEAST CORNER OF LOT "A" IN J.N. LOTT'S RESUBDIVISION IN THE WEST HALF OF THE NORTHWEST QUARTER OF FRACTIONAL SECTION 7, SAID POINT BEING 319.90 FEET EAST OF THE WEST LINE OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 14 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTHWESTERLY ALONG THE EASTERLY LINE OF SAID LOT "A" IN SAID J.N. LOTT'S RESUBDIVISION TO A POINT IN THE SOUTH LINE OF LOT 3, ASSESSOR'S DIVISION, SAID POINT BEING 160.0 FEET EAST OF THE WEST LINE OF SAID SECTION 7; THENCE WEST ALONG THE SOUTH LINE OF LOT 3 IN ASSESSOR'S DIVISION 127 FEET TO THE EAST LINE OF ASBURY AVENUE; THENCE SOUTH ALONG THE EAST LINE OF ASBURY AVENUE TO THE NORTH LINE OF LINCOLN STREET; THENCE CONTINUING SOUTH ALONG THE EAST LINE OF ASBURY AVENUE EXTENDED SOUTH TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF LINCOLN STREET; THENCE WEST ALONG THE SOUTH LINE OF LINCOLN STREET TO THE NORTHWEST CORNER OF LOT 1 IN BLOCK 2 OF EVANSTON PARK ADDITION IN SECTION 12, TOWNSHIP 41 NORTH, RANGE 13; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE WEST TO THE NORTHEAST CORNER OF LOT 32 IN BLOCK 2 OF EVANSTON PARK ADDITION, AFORESAID; THENCE CONTINUING WEST ALONG THE NORTH LINE OF SAID LOT 32 TO THE NORTHWEST CORNER OF SAID LOT 32; THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 32 TO THE NORTHEAST CORNER OF LOT 24 IN BLOCK 2 OF EVANSTON PARK ADDITION, AFORESAID; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 24 TO THE EAST LINE OF JACKSON AVENUE; THENCE SOUTH ALONG THE EAST LINE OF JACKSON AVENUE AND THE EAST LINE OF JACKSON AVENUE EXTENDED SOUTH TO THE SOUTH LINE OF COLFAX STREET, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 32 IN BLOCK 1 IN EVANSTON PARK ADDITION, AFORESAID; THENCE WEST ALONG THE SOUTH LINE OF COLFAX STREET TO THE NORTHEAST CORNER OF LOT 1 IN THE RESUBDIVISION OF LOTS 1 TO 4 IN BLOCK "A" IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE SOUTHEASTERLY LINE OF LOT 1 AND ALONG THE SOUTHERLY LINE OF LOT 6 IN AFORESAID RESUBDIVISION OF LOTS 1 TO 4 IN BLOCK " A" IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12 TO THE POINT OF INTERSECTION WITH THE EASTERLY LINE OF POPLAR AVENUE; THENCE CONTINUING SOUTHWESTERLY ALONG THE LAST DESCRIBED LINE EXTENDED SOUTHWESTERLY TO THE POINT OF INTERSECTION WITH THE EASTERLY -2- 6-0-04 FEET SOUTH (AS MEASURED AT RIGHT ANGLES) OF THE LAST DESCRIBED COURSE (AS MEASURED AT RIGHT ANGLES); THENCE EAST ALONG A LINE PARALLEL TO THE CENTERLINE OF ISABELLA STREET TO THE WEST LINE OF GIRARD STREET; THENCE NORTH ALONG THE WEST LINE OF GIRARD STREET, EXTENDED NORTH, TO THE NORTH LINE OF ISABELLA STREET; THENCE WEST ALONG THE NORTH LINE OF ISABELLA STREET TO ITS INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY LINE OF THE CHICAGO TRANSIT AUTHORITY; THENCE SOUTHEASTERLY ALONG THE SAID EASTERLY RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING: ALL IN COOK COUNTY, ILLINOIS, PREPARED BY: ENGINEERING DIVISION JANUARY 30„ 1995 -4-