HomeMy WebLinkAboutLibrary Rental of 1900A DempsterLICENSE AGREEMENT
THIS LICENSE AGREEMENT dated the 1S day of % 2012 is made between
Evanston Plaza Holdings LLC, a Delaware limited liability company ("Licensor") and Evanston
Public Library ("Licensee").
WITNESSETH
WHEREAS, Licensor is the owner of the shopping center development known as the
Evanston Plaza Shopping Center, Demspter Street and Dodge Avenue, Evanston, Illinois
("Center").
WHEREAS, Licensor and Licensee have agreed that the Licensee shall have the right to
use that portion of the Shopping Center known as 1900A Dempster Street, containing
approximately 3,500 square feet as designated on Exhibit "A" attached hereto ("Premises"), on
the terms and conditions hereinafter set forth.
NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of
which are acknowledged hereby, the parties hereto agree as follows:
1. GranL Licensor hereby grants Licensee the license to use the Premises solely
for the purpose of a summer readine Droeram.
2. Term. The term of this License shall commence on Mav_ 16.2012 and shall end
on Ausust 4.2012 unless earlier terminated as hereinafter provided.
3. License Fees. Licensee shall pay the sum of $0.00 Der month as rental charges
for the use of said Premises. Said rental shall be due on or before the first day of each month of
the term hereof, savable to Evanston Plaza Holdings LLC. and sent to Licensor's address
hereinafter set forth, or to such other entities and at such other places designated by Licensor.
4. Deliverv: Condition of Premises: Alterations: SiHns and Advertisine. Effective
as of May 16, 2012, Licensor has delivered possession of the Premises to Licensee. Licensee has
inspected and accepts the Premises in their present "as is" condition and acknowledges that
Licensor shall not have any obligation to make any improvements or alterations to the Premises.
Licensee may not alter the Premises in any fashion, except as permitted by Licensor in writing.
Licensee may not display signs or advertising in or on the Premises or elsewhere in the Shopping
Center unless the same shall have been previously approved in writing by Licensor.
5. Indemnity. Insurance and Pronertv Loss or Damaee.
(a) Licensee shall indemnify, defend and hold harmless Licensor, its agents,
successors and assigns, from and against all liability, cost and expense for loss of or damage to
property and for injuries or deaths of persons arising or resulting from the acts of Licensee on or
with respect to Licensee's use of Premises. Licensee shall keep in force and effect: (i) a
commercial general liability insurance policy, protecting against claims for bodily injury,
personal injury and property damage with respect to the Premises and the business operated by
Licensee and any other persons and entities conducting business in the Premises, including steam
boiler insurance is applicable, and including product liability coverage, in which the limits for
bodily injury (including personal injury and contractual liability) shall be not less than
$3,000,000.00 per occurrence, and in which the limit of property damage liability shall be not less
than $500,000.00; and (ii) Worker's Compensation coverage as required by law and employer's
liability insurance. The policy shall name Licensor, any other parties in interest designated by
Licensor, and Licensee as insured. All insurance required to be carried by Licensee pursuant to
this Paragraph 5 shall be written by responsible insurance companies with a Best rating of at least
A. A certificate of insurance certifying to the issuance of each paid -up policy evidencing such
insurance shall be delivered to Licensor on or before the date of this Agreement and upon
renewals not less than thirty (30) days prior to the expiration of such coverage, and shall provide
that such insurance shall not be cancelled to materially altered by either parry to the policies until
at least thirty (30) days after the receipt by Licensor of notice, by certified mail, return receipt
requested, of the proposed cancellation or material alteration.
(b) All property of any kind, nature and description, belonging to Licensee
or any person claiming by, through or under Licensee, which may be in or about the Premises
during the continuance of this Agreement, is to be kept in the Premises at the sole risk and hazard
of Licensee, and if such property or any part thereof shall be destroyed or damaged by fire, theft,
or in any other way or manner, no part of such loss or damage is to be charged to or to be home
by Licensor, its agents or employees for any reason whatsoever.
6. No Liens. Licensee shall not permit any lien to be filed against the Premises or
any improvements thereon for any labor or materials in connection with work of any character
performed or claimed to have been performed on the Premises at the direction or sufferance of
Licensee.
7. Rules and regulation: Compliance with Law. Licensee shall conform to all
rules and regulations now or hereafter established by Licensor for the general safety, care and
cleanliness of the Premises and/or the Shopping Center, for the preservation of good order
therein, and for the convenience of the other licensees and tenants of the Shopping Center.
Licensor shall not be responsible to Licensee for the actions of any other party, including other
licensees, tenants, guests or employees of the Shopping Center and service personnel. Licensee
shall comply with and observe all statues ordinances, regulations, orders and/or decrees of the
federal, state and city government, or any departments, bureaus or agencies thereof, whether now
in force or which may in the future be promulgated,
8. Renairs and Maintenance. Licensee shall have the duty to maintain and
repair the Premises to the extent of any damage caused or committed by Licensee, its agents,
employees and independent contractors. Licensee shall further have the obligation to repair its
damaged signs within five (5) days after receipt of notice that its signs are in need of repair. Upon
expiration of this License, Licensee shall remove its signs and shall restore the Premises and any
areas damaged by its signs to the same condition that existed at the commencement of the
License. Licensee shall keep the Premises and all other parts of the Shopping Center free from
any and all liens arising out of any work performed, materials furnished and/or obligations
incurred by or for Licensee. Licensee, its agents, employees or contractors shall not enter upon
the Shopping Center roof without Licensor's prior written consent.
9. Utilities and Trash Removal. Licensee will be solely responsible for and
promptly pay to Licensor all utility services used upon or furnished to the Premises during the
Term. Licensee shall store all trash and garbage within the leased premises and arrange for the
regular pick up of such trash and garbage at Licensee's expense. If Licensor shall provide any
services or facilities for such pickup (including trash compactors), then Licensee shall be
obligated to use the same and shall pay a proportionate share of the actual cost thereof within ten
(10) days after being billed therefore.
10. Defaults of Licensee and Remedies of Licensor. If Licensee shall fail to perform
any obligations imposed upon Licensee hereunder, it shall be lawful for Licensor thereupon or at
any time thereafter, at its options, to enter upon the Premises it any part thereof by force
otherwise, and repossess the same, and to terminate this License and expel Licensee and those
claiming by, through and under it, and remove its effects (forcibly if necessary) without being
guilty of any manner of trespass.
11. Relocation: Parkin. Licensor reserves the right, from time to time, to relocate
the area reserves herein for Licensee's use. Licensee shall park such vehicles as are necessary to
its operations pursuant to this License Agreement only at places designed by the Licensor.
Licensor reserves the right at any time and from time to time to change any or all of such
designations, upon twenty-four (24) hours advance written notice to Licensee at the Premises.
12. Licensor's Rieht to Terminate. Licensor shall have the right to terminate this
Agreement for any reason whatsoever upon thirty (30) days' prior written notice thereof to
Licensee, after which period of time Licensor shall have the same rights as provided to Licensor
under Paragraph 10 above.
13. Holdin Over. Any holding over after the expiration of the term of this License
with the consent of Licensor, shall be construed to be a license from month to month at a license
fee of 150% of the then current license fees provided for in Paragraph 3 hereof together with all
other charges herein provided and shall otherwise be on the terms and conditions herein specified,
so far as applicable. In the event Licensee remains in possession of the Premises after the
expiration of the term of this License without Licensor's consent, then, in addition to any and all
rights Licensor may have as a result thereof, Licensee shall also pay to Licensor all damages
sustained by Licensor as a result of retention of possession by Licensee, including but not limited
to the loss of any proposed subsequent licensee or tenant for any portion of the Premises.
14. Security Deposit. Licensee agrees to provide Licensor the sum of $0.00 as
a security deposit due upon signing this Agreement. Licensor may retain all or any part of the
security deposit to compensate for any damages, unapproved changes, alterations or additions to
the Premises. If the Premises are surrendered undamaged the security deposit shall be returned to
Licensee within thirty (30) days after surrender of the Premises, less any sums then due Licensor.
15, Subordination. This License Agreement shall be subordinate to any existing and
future mortgages covering the Shopping Center.
16. No Transfer by Licensee. Licensee shall not transfer any of its rights
hereunder without the prior written consent of Licensor which consent may be withheld in
Licensor's sole and absolute discretion. Any such assignment made without the prior written
consent of Licensor shall be null and void and of no force or effect and shall entitle Licensor to
terminate this Agreement,
17. No Warrantv: Intesration. Except as otherwise provided for in this
agreement, Licensor hereby makes, and has made, no representations, statements, warranties or
agreements to Licensee in or in connection with this Agreement or the Premises. This Agreement
embodies the entire understanding of the parties hereto, and there are no further or other
agreements or understanding, written or oral, in effect between the parties relating to the subject
matter hereof.
18. No Recordine. It is expressly understood between the parties hereto that neither
this Agreement nor any Memorandum of this Agreement may be recorded,
19. No Prooeriv Interest. This Agreement is and is intended by the parties to be a
mere license, not a lease, and it does not grant or create any real property interest to or in
Licensee.
20. Liability of Licensor. If Licensor shall fail to perform any covenant, term or
condition of this Agreement upon Licensor's part to be performed, and if as a consequence of
such default Licensee shall recover a money judgment against Licensor, such judgment shall be
satisfied only out of the proceeds of sale received upon execution of suclrjudgment and levied
thereon against the right, title and interest of Licensor in the Shopping Center and out of rents or
other income from such property receivable by Licensor, or out of the consideration received by
Licensor from the sale or other disposition of all or any part of Licensor's right, tide and interest
in the Shopping Center, and neither Licensor nor the general partner or any of the other partners
comprising the partnership which is the Licensor herein, nor any shareholder, trustee, officer,
employee or agent thereof, shall be liable for any deficiency.
21. Buildine Permit: Certificate of Occunancv. The Licensee is responsible for
obtaining any building permits required by the local municipality (including the payment of any
fees associated therewith) and obtaining an unconditional Certificate of Occupancy prior to
opening for business, Licensee shall deliver a copy of the unconditional Certificate of Occupancy
to Licensor upon receipt.
22. Riaht of Entrv. Licensor or Licensor's agent shall have the right to enter the
Premises at all reasonable times to examine same, and to show them to prospective lessees,
purchasers or mortgagees of the building, and to make such repairs, alterations, improvements or
additions as Licensor may deem necessary or desirable.
23, Notices. All notices and other communications given pursuant to this Agreement
shall be in writing and shall be deemed properly served if delivered to the party to whom it is
addressed by either (i) certified mail, return receipt request, (ii) via Federal Express, Express Mail
or other overnight courier service, or (iii) by personal delivery, to the addresses as follows:
If to Licensor: Evanston Plaza Holdings LLC
8430 W, Bryn Mawr Avenue
Suite 850
Chicago, Illinois 60631-3448
If to Licensee: Paul Gottschalk
Evanston Public Library
2026 Central Street
Evanston, Illinois 60202
III WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and
year first above written.
LICENSOR:
Evanston Plaza Holdings LLC, a Delaward Limited
Liability Company;
By: BONNIE MANAGEMENT CORPORATION,
An Illinois Jrporation as Managing agent for Owner
By:
Its: ( ,
LICENSEE:
Evanston Public Library
By: [/ %
Its:
App`oved as to form:
W. Grant Farrar
Corporation Counsel