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HomeMy WebLinkAboutResolution 11-R-25 Authorizing the City Manager to Enter into a Lease Agreement for Office Space with the Moran Center1/27/2025 11-R-25 A RESOLUTION Authorizing the City Manager to Enter into a Lease Agreement for Office Space with the Moran Center WHEREAS, the City of Evanston owns property commonly known as the Evanston Civic Center located at 2100 Ridge Avenue in Evanston (the “Premises”); and WHEREAS, the Premises has office space available for use by the Moran Center; and WHEREAS, the Moran Center desires to lease office space for a short- term within the Premise while their office space is under construction; and WHEREAS, the City Council has determined that the best interest of the City would be served by leasing Premises to the Moran Center. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: SECTION 1: That the foregoing recitals are hereby found as fact and incorporated herein by reference. SECTION 2: 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, a short-term lease for office space at the Evanston Civic Center by and between the City and the Moran Center. The lease shall be in substantial conformity with the lease marked as Exhibit A, attached hereto and incorporated herein by reference. Page 1 of 8 SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional terms and conditions of the lease as may be determined to be in the best interests of the City. SECTION 4: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. ________________________________ Daniel Biss, Mayor Attest: Approved as to form: __________________________________________________________________ Alexandra Ruggie, CorporationStephanie Mendoza, City Clerk Counsel Adopted: ______________________, 2025 Page 2 of 8 Exhibit A Lease Page 3 of 8 SHORT TERM LEASE AGREEMENT THIS SHORT-TERM LEASE AGREEMENT (this “Agreement”) is made and entered by and between CITY OF EVANSTON, an Illinois municipal corporation (“City”) and JAMES B. MORAN CENTER FOR YOUTH ADVOCACY, (“Moran Center”) a non-profit that provides community-based legal, mental health, and restorative services for youth and families. The Moran Center is headquartered at 1900A Dempster, Evanston, Illinois (“Main Office”). The Moran Center requests temporary office space, not to exceed 60 days, while their main office at 1900A Dempster, Evanston, Illinois, undergoes renovations. The City owns the Evanston Civic Center property at 2100 Ridge Avenue (“Leased Premises”) that has vacant office space. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Moran Center agree as follows: 1. Term of Agreement. The Moran Center and City agree to the lease for the period and base rent described below. After the Lease is terminated, the Moran Center shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his designee. Moran Center shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. The Moran Center shall lease the Premises on the following terms and conditions for non-exclusive use for the following periods (the “Rental Period”): February 17, 2025-March 31, 2025. The Moran Center agrees to a weekly base rent of $125. 2. Extent of Use. The Moran Center’s rental of the Facility is for the sole purpose of temporary furnished office space, and the business it conducts at its main office, while its main office undergoes construction renovations. The Moran Center shall not use the Premises for any other purpose, except the permitted use of office operations and meeting with clients and those they provide services and support, without the prior written approval of the City. The City shall provide the Moran Center with wired internet access and WIFI as part of the consideration herein. The City shall not assist in moving the equipment to or from the Leased Premises. Tenant must ensure that the Property is fully locked and secure when leaving. City does not accept responsibility for the loss, theft or damage to personal or organizational property of Moran Center or its agents or contractors, except to the extent such loss arises from willful misconduct of City, its subcontractors, employees or agents. 3. Restore of Space. Moran Center is granted access to the Facility throughout the term of the Agreement. Moran Center agrees to restore Facility to its original, and/or agreed upon, state by the end of the Lessee’s agreement on March 31, 2025, including leaving all fixtures. 4. Indemnification. Moran Center shall defend, indemnify and hold City and its officers, elected and appointed officials, agents, and employees harmless from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature (collectively, “Claims”), including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Moran Center or subcontractors, employees, or agents during the Page 4 of 8 performance of this Agreement during the Rental Period, except to the extent such Claims arise from the willful misconduct by City or its subcontractors, employees or agents, in which event City shall defend, indemnify and hold harmless Moran Center and its officers, agents, and employees from any and against all liability, losses, or damages as a result of such Claims but shall not be liable to Moran Center for any attorney’s fees and expenses. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting any indemnitee from defending through the selection and use of its own agents, attorneys, and experts, any Claims brought against said indemnitee, and the indemnifying party shall be liable for the costs, fees, and expenses incurred in the defense of any such Claims. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. 5. Venue and Law. This Agreement shall be interpreted in accordance with and in all respects governed by the Law of the State of Illinois. Any claim, controversy, or dispute arising from or connected with this Agreement shall be settled and determined by arbitration in accordance with the then current rules of the American Arbitration Association. Such arbitration shall be held in Evanston, Illinois, if available. 6. Oral Representation and Amendments. No representation, warranty, condition or agreement of any kind or nature whatsoever shall be binding upon the parties hereto unless incorporated in the Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto and may not be amended except in writing and signed by the parties. Page 5 of 8 IN WITNESS WHEREOF, the Parties hereto have each approved and executed this Agreement on the last date executed by a Party to this Agreement, effective as of the Effective Date. MORAN CENTER JAMAICAN LLC CITY OF EVANSTON By ________________________ By:________________________ Its: ________________________ Its: City Manager Date: _____________________, 2025 Date: _____________________, 2025 Page 6 of 8 SHORT TERM LEASE AGREEMENT THIS SHORT-TERM LEASE AGREEMENT (this “Agreement”) is made and entered by and between CITY OF EVANSTON, an Illinois municipal corporation (“City”) and JAMES B. MORAN CENTER FOR YOUTH ADVOCACY, (“Moran Center”) a non-profit that provides community-based legal, mental health, and restorative services for youth and families. The Moran Center is headquartered at 1900A Dempster, Evanston, Illinois (“Main Office”). The Moran Center requests temporary office space, not to exceed 60 days, while their main office at 1900A Dempster, Evanston, Illinois, undergoes renovations. The City owns the Evanston Civic Center property at 2100 Ridge Avenue (“Leased Premises”) that has vacant office space. NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Moran Center agree as follows: 1. Term of Agreement. The Moran Center and City agree to the lease for the period and base rent described below. After the Lease is terminated, the Moran Center shall leave the Premises in broom clean condition and shall turn over any and all keys to the City Manager or his designee. Moran Center shall pay for any and all damage to the interior of the Premises beyond normal wear and tear and shall do so within thirty (30) days of invoicing by the City. The Moran Center shall lease the Premises on the following terms and conditions for non-exclusive use for the following periods (the “Rental Period”): February 17, 2025-March 31, 2025. The Moran Center agrees to a weekly base rent of $125. 2. Extent of Use. The Moran Center’s rental of the Facility is for the sole purpose of temporary furnished office space, and the business it conducts at its main office, while its main office undergoes construction renovations. The Moran Center shall not use the Premises for any other purpose, except the permitted use of office operations and meeting with clients and those they provide services and support, without the prior written approval of the City. The City shall provide the Moran Center with wired internet access and WIFI as part of the consideration herein. The City shall not assist in moving the equipment to or from the Leased Premises. Tenant must ensure that the Property is fully locked and secure when leaving. City does not accept responsibility for the loss, theft or damage to personal or organizational property of Moran Center or its agents or contractors, except to the extent such loss arises from willful misconduct of City, its subcontractors, employees or agents. 3. Restore of Space. Moran Center is granted access to the Facility throughout the term of the Agreement. Moran Center agrees to restore Facility to its original, and/or agreed upon, state by the end of the Lessee’s agreement on March 31, 2025, including leaving all fixtures. 4. Indemnification. Moran Center shall defend, indemnify and hold City and its officers, elected and appointed officials, agents, and employees harmless from any and all liability, losses, or damages as a result of claims, demands, suits, actions, or proceedings of any kind or nature (collectively, “Claims”), including but not limited to costs, and fees, including attorney’s fees, judgments or settlements, resulting from or arising out of any negligent or willful act or omission on the part of the Moran Center or subcontractors, employees, or agents during the performance of this Agreement during the Rental Period, except to the extent such Claims arise from the willful misconduct by City or its subcontractors, employees or agents, in which event Page 7 of 8 City shall defend, indemnify and hold harmless Moran Center and its officers, agents, and employees from any and against all liability, losses, or damages as a result of such Claims but shall not be liable to Moran Center for any attorney’s fees and expenses. Such indemnification shall not be limited by reason of the enumeration of any insurance coverage herein provided. This provision shall survive completion, expiration, or termination of this Agreement. Nothing contained herein shall be construed as prohibiting any indemnitee from defending through the selection and use of its own agents, attorneys, and experts, any Claims brought against said indemnitee, and the indemnifying party shall be liable for the costs, fees, and expenses incurred in the defense of any such Claims. Nothing herein shall be construed as a limitation or waiver of defenses available to the City and employees and agents, including but not limited to the Illinois Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq. 5. Venue and Law. This Agreement shall be interpreted in accordance with and in all respects governed by the Law of the State of Illinois. Any claim, controversy, or dispute arising from or connected with this Agreement shall be settled and determined by arbitration in accordance with the then current rules of the American Arbitration Association. Such arbitration shall be held in Evanston, Illinois, if available. 6. Oral Representation and Amendments. No representation, warranty, condition or agreement of any kind or nature whatsoever shall be binding upon the parties hereto unless incorporated in the Agreement. This Agreement contains all the terms and conditions agreed upon by the parties hereto and may not be amended except in writing and signed by the parties. IN WITNESS WHEREOF, the Parties hereto have each approved and executed this Agreement on the last date executed by a Party to this Agreement, effective as of the Effective Date. MORAN CENTER JAMAICAN LLC CITY OF EVANSTON By ________________________ By:________________________ Its: ________________________ Its: City Manager Date: _____________________, 2025 Date: _____________________, 2025 Page 8 of 8