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HomeMy WebLinkAboutResolution 28-R-25 Authorizing the City Manager to Enter into a Lease Agreement for Office Space at the Levy Center Hackberry Room with the Illinois Secretary of State2/24/2025 28-R-25 A RESOLUTION Authorizing the City Manager to Enter into a Two Year Lease Agreement for Office Space with Illinois Secretary of State WHEREAS, the City of Evanston owns property commonly known as the Levy Senior Center located at 300 Dodge Avenue in Evanston ( the “Premises”); and WHEREAS, the Premises has office space available for use by the Illinois Secretary of State; and WHEREAS, the office of the Illinois Secretary of State has previously leased space at the Morton Civic Center, 2100 Ridge in Evanston, for purposes of operating a seniors-only drivers’ license facility (the “DMV”) and wishes to continue an extend such lease; and WHEREAS, the parties agree that the Levy Center would be a more appropriate location for the DMV given its focus on Evanston’s senior population; and WHEREAS, the parties agree that it would be beneficial to continue the leasing arrangement between the parties; and WHEREAS, the City Council has determined that the best interest of the City would be served by leasing a portion of the Premises to the Illinois Secretary of State. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COUNTY OF COOK, STATE OF ILLINOIS: Page 1 of 17 28-R-25 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 two-year lease for office space at the Levy Senior Center by and between the City and the Illinois Secretary of State. The lease shall be for the following period: March 15, 2025 through March 15, 2027. The lease shall be in substantial conformity with the lease marked as Exhibit A, attached hereto and incorporated herein by reference. 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 17 28-R-25 Exhibit A Lease Page 3 of 17 LEASE AGREEMENT FOR PREMISES LOCATED AT THE LEVY CENTER, 300 DODGE AVENUE, EVANSTON, ILLINOIS This Lease Agreement (the “Agreement” or “Lease”) shall take effect as of the date of execution of the Agreement by the City (the “Effective Date”). This Lease is by and between the City of Evanston, an Illinois home rule municipality, located at 2100 Ridge Avenue, Evanston, Illinois (“Landlord”) and Office of the Illinois Secretary of State (“Tenant” or “SoS”). Landlord and Tenant may be referred to collectively as the “Parties”. SECTION 1. DESCRIPTION OF PREMISES Landlord leases to Tenants the Hackberry Room space, located on the first floor of the property with a street address of 300 Dodge Avenue, Evanston, Illinois 60202 (the “Premises”), situated within the Landlord’s building located at the same common address (the “Property”) and commonly known as the Levy Senior Center (“LEVY CENTER”). The Property has various uses including providing social services, cultural arts classes, health and wellness activities, and community engagement to seniors. The term “Common Facilities” as used in this Agreement will include those areas and facilities within the Property (outside of the Premises) for the nonexclusive use of Tenant in common with other authorized users, and includes, but is not limited to, sidewalks, parking area, planted areas (excluding the adjoining park area), common area restrooms and open means of ingress and egress. Tenant will have the non- exclusive right to use the Common Facilities. SECTION 2. TERM; BUSINESS HOURS A. TERM The term of this Agreement will be for two years, March 15, 2025 – March 15, 2027 (the “Term”). Tenant must provide Landlord with 90 days’ written notice to request a renewal of the Agreement for the Premises. Landlord, in its sole discretion, may decide that a Renewal Term is not in the best interests of the City. Renewal of the Agreement must be authorized by written consent of the Parties and must be authorized by the Evanston City Council. B. BUSINESS HOURS Tenant shall have access to the Premises during regular business hours. Regular Business Hours are 7:00 a.m. – 5:30 p.m. Monday – Friday (the “Business Hours”). Page 4 of 17 SECTION 3. RENT A. RATE Tenant agrees to pay Landlord a rental payment (the “Rent”) in accordance with the following schedule: During the Term, the Rent is three thousand dollars ($3,000.00) per month, or seventy-two thousand dollars ($72,000.00) for the entire Term. If paid monthly, rent must be paid on or before the 5th day of each month. If paid annually, the annual amount is due no later than 5 days after the Effective Date. B. PAYMENT Any and all Rent payments pursuant to this Agreement shall be mailed to: City of Evanston Parks, Recreation, and Community Services Department – Levy Senior Center 300 Dodge Avenue Evanston, IL 60202 SECTION 4. COMMON FACILITIES A. MAINTENANCE BY LANDLORD Tenant acknowledges and agrees that it has leased the Premises and Common Areas in “as-is” condition, and acknowledges that Landlord has made no representations as to the condition or promised any repairs to same, nor has Tenant received any assurances that Landlord will alter or remodel the Premises or Property. Tenant acknowledges and agrees that the Property undergoes a deep cleaning and maintenance period annually, which takes place and lasts through the last two weeks of the year (the “Annual Maintenance Period”). Landlord will use reasonable efforts to not interrupt Tenant’s activities during Business Hours in the Annual Maintenance Period, but Tenant acknowledges and agrees that Tenant may need to occasionally alter its Business Hours in order to allow for certain maintenance activities during the Annual Maintenance Period, including but not limited to varnishing floors on the Premises. Page 5 of 17 Landlord shall: 1. Maintain the building exterior, including the foundation, exterior walls, slab, common area doors and roof; 2. Provide a refuse container to be shared by all tenants in the Property to be located at the Property in reasonable proximity to the Premises. Landlord will contract to have trash hauled from such container with reasonable frequency; 3. Maintain electric facilities and systems, gas facilities and systems and the HVAC unit(s) and systems (including the portions of such systems serving the Premises exclusively); 4. Maintain plumbing and water facilities and systems (including the portions of such systems serving the Premises exclusively); 5. Maintain fire and life safety systems and fire alarm systems, including inspections thereof (including the portions of such systems serving the Premises exclusively); 6. Maintain hallways, stair rails, and related elements, and restrooms and other Common Facilities, including the parking lot serving the Property; 7. Be responsible for snow and ice removal, including salting, from front walkway of Premises and parking spaces in front of the Property within 48 hours of any snow event with accumulation of an 1 inch or more; and 8. Change light bulbs, ballasts and tubes in any fluorescent or comparable light fixtures in the Premises. 9. Maintain the HVAC units in the Premises; the HVAC units are the property of the Landlord and shall remain in the Premises at the end of the Term. 10. Landlord shall not be liable for any di sruption of services affecting the “SOS” or monetary losses should any mechanical, plumbing, electrical, fire, life safety equipment, or act of nature beyond our control deem the property unusable for any duration of time. In good faith the lessor shall maintain all building systems regularly and maintain them in good repair. B. MAINTENANCE BY TENANT Tenant shall: Page 6 of 17 1. Maintain all interior non-structural portions of the Premises and all fixtures and property within the Premises other than (a) utility, HVAC or fire/life safety facilities and systems and (b) any items Landlord is required to maintain pursuant to this Agreement); 2. Place all refuse from the Premises in appropriate containers. Tenant cannot dispose of construction building materials in the standard refuse containers and must arrange for special pick-ups and containers for said materials; 3. Maintain all of the Premises in a clean, neat and orderly condition. Tenant will not use the Premises in a manner that will violate or make void or inoperative any policy of insurance held by Landlord. 4. Keep the interior non-structural portions of the Premises, including all interior, non-structural walls, surfaces and appurtenances (other than systems and any other items that Landlord is required to maintain pursuant to this Agreement), in good repair. Tenant shall be responsible for repairs, damages and losses for damages sustained outside the Premises to any other Property tenant’s personal property or leased area attributable to Tenant’s negligence or intentional misconduct. All such damage must be reported in writing to the Director of Parks, Recreation and Community Services or his/her designee (the “Director”) and the Manager of Facilities & Fleet Management (the “Manager FFM”), by the next City of Evanston business day after discovery of such damage by Tenant. 5. Tenant is required upon lease termination to leave space in good repair and condition, ordinary wear and tear excepted. All Tenant property and any additions or alterations made by Tenant must be removed upon lease termination unless Tenant has obtained prior written approval of the Director for other arrangements. 6. Tennant shall be responsible to maintain the flooring within the space in good repair and clean. Should material flooring repairs or replacement be required, SOS shall reimburse the City for said repairs. SECTION 5. USE OF PREMISES A. PURPOSES Tenant will use the Premises to provide various Illinois Secretary of State services to senior citizens and other related business and uses incidental thereto, and no part of the Premises will be used for any other purpose without the prior written consent of Landlord (the “Permitted Use”). Page 7 of 17 B.HOURS OF OPERATION AND LANDLORD ACCESS 1. Tenant’s use of the Premises shall only be for the Permitted Use. Tenant shall have the right to conduct its business in the Premises during the Business Hours. 2. Landlord shall have the right to retain a set of keys to the Premises, and Tenant shall not change any locks for the Premises. Tenant shall permit Landlord to erect, use and maintain pipes, ducts, wiring and conduits in and through the Premises concealed to the greatest extent possible, above ceiling, under floor or in walls that don’t reduce the square footage of the Premises and don’t materially affect Tenant’s use of the Premises or negatively impact the safety of Tenant’s invitees. Landlord shall have the right to enter upon the Premises with 24 hours prior written notice, and Tenant shall have the right to have a representative accompany Landlord during such entry, or without notice in case of an emergency, to control heat, electricity and air conditioning, to inspect the same, and to make such repairs, alterations, improvements or additions to the Premises as the Landlord may deem necessary or desirable. Tenant will not cease any Rent payments while repairs, alterations, improvements, or additions are being made, by reason of loss or interruption of business of the Tenant, or otherwise, provided Landlord shall complete such work as quickly as reasonably possible. If Tenant is not present to open and permit Landlord to enter the Premises when Landlord is permitted to enter pursuant to this Agreement, Landlord or Landlord’s agent(s) may enter without rendering Landlord or such agents liable therefore (so long as, during such entry, Landlord or the Landlord’s agents shall use reasonable care to not damage Tenant’s property), and without in any manner affecting the obligations and covenants of this Lease. 3. If all or some of the Premises is unusable for the purpose contemplated for aperiod of greater than five (5) days (including, without limitation, as a result of a casualty or a condemnation or the repairs required in connection therewith), the fixed minimum monthly rental will be equitably reduced in the proportion that the unusable part of the Premises bears to the whole. The determination of the unusable space shall be reasonably determined by Landlord based on square footage. Notwithstanding the foregoing, if the repairs, alterations, improvements, or additions are at Tenant’s request or if the repairs are necessitated by Tenant’s actions, then Tenant may not cease any Rent payments for any period, unless the Premises are unusable as a result of the negligence or intentional misconduct of Landlord or its agents, employees or contractors. Tenant is self-insured as an office of the state government of Illinois. 4. Landlord shall have the right, without the same constituting an actual or constructive eviction and without incurring any liability to Tenant, to change the Page 8 of 17 arrangement and/or location of Common Facilities and to close Common Facilities when reasonably necessary. Landlord shall use reasonable efforts to provide SOS with at least five (5) business days advance notice of any such changes. C. LOCKING OF PREMISES All doors to the Premises must be kept locked at all times except during Business Hours. Landlord is not responsible for any Tenant property on the Premises that is missing or damaged during the Term. D. STORAGE OF FLAMMABLE MATERIALS Tenant will not permit to be kept at the Premises any gasoline, distillate or other petroleum product, or other substance of an explosive or inflammable nature as may endanger any part of the Premises without the prior written consent of Landlord; provided, however, that Tenant may keep customary cleaning products in the Premises. E. USE IMPAIRING STRUCTURAL STRENGTH Tenant will not permit the Premises to be used in any manner that will impair the structural strength of the Premises, or permit the installment of any machinery or apparatus the weight or vibration of which may tend to impair the building’s foundations or structural strength. F. WASTE DISPOSAL Tenant will not incinerate any garbage or debris in or about the Premises, and will cause all containers, rubbish, garbage and debris stored in the Premises to be placed in the refuse container supplied by Landlord for the Property. G. PUBLIC REGULATIONS In the conduct of its business on the Premises, Tenant will observe and comply with all state, federal, and local laws, ordinances and regulations. Tenant acknowledges that the Property is owned by the City of Evanston and therefore no smoking will be permitted at the Property. The SOS shall provide its own security or other personnel to ensure the safety of its staff and all general public in proximity to the SOS office within the 300 Dodge Ave. building. Page 9 of 17 H. PARKING REGULATIONS The LEVY CENTER has a total of 133 parking spaces, in the Property parking lot, which is immediately adjacent to the Property (the “Property Parking Lot”). Landlord acknowledges that it will not decrease the total number of parking s paces in the Property Parking Lot during the Term, but Landlord reserves the right to reconfigure the parking lot and/or increase the number of parking spaces. There is no dedicated parking at the Property for Tenant; Tennant and its employees shall park vehicles at the westerly portion of the Levy Center Parking lot, or the Southernmost parking lane, except for those persons legally entitled to park in an accessible parking space, as to not prohibit close and convenient parking for Center patrons. SECTION 6. SIGNS Tenant may apply for signage (temporary or permanent) for the exterior and/or interior of the Premises, at its own expense. Tenant acknowledges that the City of Evanston Municipal Code of 2012, as amended, governs the application process and the details regarding size, type, and number of signs. Landlord makes no representation in this Agreement regarding the approval or disapproval of any sign application by Tenant. SECTION 7. CASUALTY DAMAGE; REPAIRS; ABATEMENT OF RENT A. USE OF PARTIALLY DAMAGED PREMISES On damage or destruction by a casualty to the Premises (a “Casualty”), Tenant will continue to use the Premises for the operation of its business to the extent practicable and as approved by the Landlord’s building department. B. RIGHT TO TERMINATE Tenant will have the right to terminate this Agreement if (1) the Premises cannot be fully repaired within one hundred and eighty (180) days following the date of the Casualty or (2) the Premises are damaged by a Casualty to an extent exceeding thirty-three percent (33%) of the reconstruction cost of the Premises as a whole. If such damage occurs, this termination may be effected by written notice from Tenant to Landlord, delivered within ninety (90) days of the damage. Page 10 of 17 C. REPAIRS BY LANDLORD If the Premises are damaged by a Casualty, Landlord will repair the Property as soon as reasonably possible and in accordance with all applicable laws and regulations. SECTION 8. UTILITIES Landlord agrees to pay all charges for gas, water and electricity for the Premises and the Property during the Term of this Agreement. SECTION 9. TAXES If applicable, Tenant will pay before delinquency all taxes levied on Tenant’s fixtures, equipment and personal property on the Premises, whether or not affixed to the real property. Tenant shall be responsible for any and all property taxes levied on the Premises, and shall pay said taxes prior to delinquency. SECTION 10. TENANT’S SELF-INSURANCE The parties acknowledge that Tenant is self-insured as an office of state government of the State of Illinois. SECTION 11. SUBLETTING; ASSIGNMENT Tenant shall not sublet or assign this Lease Agreement without Landlord’s prior written consent, which consent can be withheld in Landlord’s sole discretion. SECTION 12. SURRENDER OF PREMISES; HOLDING OVER Tenant will, at the termination of this Lease, leave the Premises in as good condition as they are in at the time of entry by Tenant, except for reasonable use and wear, acts of God, or damage by casualty beyond the control of Tenant. On vacating, Tenant will leave the Premises clear of all rubbish an d debris. If Tenant retains possession of the Premises or any part thereof after the termination of the term by lapse of time or otherwise, then Landlord may, at its option, serve written notice upon Tenant that such holding over constitutes the creation of a month to month tenancy under the terms of this Agreement or Landlord may begin eviction proceedings. The provisions of this paragraph shall not constitute a waiver by Landlord of any right of re-entry as hereinafter set forth; nor shall receipt of any Rent or any other act in apparent affirmation of tenancy operate as a waiver of the right to terminate this Agreement for a breach of any of the covenants herein. Page 11 of 17 SECTION 13. INDEMNIFICATION AND LIENS A. LIENS AND ENCUMBRANCES Tenant will hold Landlord harmless from all claims, liens, claims of lien, demands, charges, encumbrances or litigation arising out of any work or activity of Tenant or done on Tenant’s behalf by others on the Premises. Tenant will, within sixty (60) days after the filing of any lien, fully pay and satisfy the lien. Provided, however, in the event that Tenant contests any lien so filed in good faith and pursues an active defense of said lien, Tenant shall not be in default of this paragraph. However, in the event of any final judgment against Tenant regarding such lien, Tenant agrees to pay such judgment and satisfy such lien within sixty (60) days of the entry of any such judgment. In event any lien upon Landlord’s title results from any act or neglect of Tenant and Tenant fails to remove said lien pursuant to this Section, Landlord may remove the lien by paying the full amount thereof or contest the validity thereof and Tenant shall pay Landlord upon request the amount paid out by Landlord on Tenant’s behalf, including, if allowed by the laws of the State of Illinois, Landlord’s costs, expenses and attorney’s fees. B. INDEMNIFICATION OF TENANT Except as otherwise provided in this Agreement, and except to the extent caused by the negligence or willful misconduct of Tenant, or its agents, employees or contractors, or by the breach of this Lease by Tenant, Landlord shall protect, defend, indemnify and save Tenant and its officers, directors, agents, attorneys, elected officials and employees harmless from and against any and all obligations, liabilities, costs, damages, claims and expenses of whatever nature arising from (1) any matter, condition or thing that occurs in the Common Facilities, which is not the result of Tenant’s negligence or willful misconduct or (2) any gross negligence or willful misconduct of Landlord, or its agents, employees or contractors. SECTION 14. DEFAULT AND REMEDIES A. EVENT OF DEFAULT Subject to Tenant’s right to cure under this Agreement, the following events by Tenant (an “Event of Default”) constitute a default: 1. Tenant fails to take all appropriate actions with the Illinois Office of the Comptroller to effectuate payment of Rent at the time and place when and where due and does not cure such failure within five (5) business days after Rent is due; 2. Tenant fails to maintain self-insurance coverage as set forth herein; Page 12 of 17 3. Tenant fails to comply with any term, provision, condition or covenant of this Lease, other than the payment of Rent, and shall not cure any such failure within fifteen (15) days after receiving written notice of such failure; 4. Tenant makes a general assignment for the benefit of creditors, or admits in writing its inability to pay its debts as they become due or shall file a petition in bankruptcy. B.OCCURRENCE OF AN EVENT Upon the occurrence of any Event of Default, Landlord shall have the option to pursue any one or more of the following remedies subject to the laws of the State of Illinois and the Tenant’s right to cure: 1.Terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord. Tenant agrees to surrender possession of the Premises immediately, without the receipt of any demand for rent, notice to quit or demand for possession of the Premises whatsoever. Tenant agrees to reimburse Landlord for all loss and damage which Landlord may suffer by reason of such lease termination, whether through inability to re-let the Premises, or through decrease in Rent, or otherwise, to the extent authorized by the laws of the State of Illinois. 2.Landlord may recover from Tenant upon demand all of Landlord’s costs, charges and expenses, including the fees and costs of counsel, agents and others retained by Landlord which have been incurred by Landlord in enforcing Tenant’s obligations hereunder, to the extent authorized by the laws of the State of Illinois. 3.If, in Landlord’s judgment, any default by Tenant will jeopardize the Premises or the rights of Landlord, Landlord may, without notice, elect to cure Tenant’s default and Tenant will reimburse Landlord pursuant to the terms of the State Prompt Payment Act, 30 ILCS 540 et seq. (the “State Prompt Payment Act”). 4.Pursuit of any of the foregoing remedies shall not preclude pursuit of any other remedy herein provided or available to Landlord at law or in equity, or constitute a forfeiture or waiver of any Rent due hereunder or of any damages suffered by Landlord. C. REPOSSESSION OR RELETTING NOT A TERMINATION; LANDLORD’S RIGHT TO TERMINATE NOT FORFEITED No repossession, operation or re-letting of the Premises or of fixtures and equipment will be construed as an election by Landlord to terminate this Page 13 of 17 Agreement unless a written notice is given by the Landlord to Tenant. Landlord’s acceptance of Rent shall not be construed as a waiver of Landlord’s rights to act without notice or demand or of any other right hereby given Landlord, or as an election not to proceed under the provisions of this Agreement. D. REMEDIES NOT EXCLUSIVE The obligation of Tenant to pay Rent during the Term, or during any Renewal Term, shall not be deemed to be waived, released or terminated, by the service of any five-day notice, other notice to collect, demand for possession, or notice that the tenancy hereby created will be terminated on the date therein name d, the institution of any action of forcible detainer or ejectment or any judgment for possession that may be rendered in such action, or any other act or acts resulting in the termination of Tenant’s right to possession of the Premises. SECTION 15. EXPENSES OF ENFORCEMENT Except as otherwise provided in this Agreement, each Party is responsible for its fees and costs incurred in any litigation, negotiation, or transaction regarding this Agreement. SECTION 16. NOTICES All notices or demands that either party may need to serve under this Agreement shall be in writing and shall be: (a) deposited into the United States mail, postage prepaid and certified (return receipt requested), or (b) delivered by a nationally- recognized overnight delivery service. Notices may be given by counsel for either Party. Any such notice or demand shall be given to the following addresses for the parties (or at such other address as the applicable party may designate in a written notice to the other party): Page 14 of 17 If to the City: City of Evanston ATTN: City Manager 909 Davis Street Evanston, IL 60201 with a copy to: City of Evanston ATTN: Corporation Counsel LAW DEPARTMENT 909 Davis Street Evanston, IL 60201 If to Tenant: Alexi Giannoulias, Secretary of State Division of Property Management 501 S. Second St., Howlett Building Room 036 Springfield, IL 62756 Service will be deemed complete within two (2) business days after mailing/overnight delivery. SECTION 17. MISCELLANEOUS A. Any and all riders attached to this Agreement and signed by Landlord and Tenant are hereby made a part of this Agreement. This Agreement and any written and signed Amendments and/or Riders hereto shall constitute the entire agreement between the parties, and any oral representations made by one party to the other are considered merged herein. B. Tenant shall keep and observe such reasonable rules and regulations now or hereafter required by Landlord, which may be necessary for the proper and orderly care of the building of which the Premises are a part. C. All covenants, promises, representations and agreements herein contained shall be binding upon, apply and inure to the benefit of Landlord and Tenant and their respective heirs, legal representatives, successors and assigns. D. In all cases where Landlord’s consent is required, Landlord’s consent shall not be unreasonably withheld, conditioned, or delayed. E. This Agreement may be executed in multiple counterparts, each of which shall constitute an original. This Agreement may be executed by original signature, and/or signature originally signed by hand but transmitted via email, and/or by electronic signature technology, including but not limited to DocuSign, in Page 15 of 17 compliance with all relevant laws. Such signature(s) shall be considered as vali d and binding as original signature with delivery of such executed counterpart signature page by electronic signature technology or electronic mail (e.g., by scanned PDF by e-mail) is as effective as executing and delivering this Agreement in the presence of other Parties to this Agreement. Landlord and Tenant intend to be bound by the electronic signature, or signatures on the emailed document, are aware that the other Party will rely on the e-mailed signatures, and hereby waive any and all defenses to the enforcement of the terms of this Agreement based on such electronic or emailed signatures. F, No waiver of any breach of any condition of this Agreement will be construed to be a waiver of any other breach of provision, covenant or condition. G. This Agreement may be modified or amended only in writing signed by Landlord and Tenant. H. Every covenant, agreement and condition of this Agreement will be binding on Tenant’s successors and assignees. Any sublease, concession or license agreement will be subject and subordinate to this Lease. SECTION 18. VENUE AND JURISDICTION The Parties agree that this Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois and that venue for any disputes shall be the Circuit Court of Cook County, Illinois. SECTION 19. FORCE MAJEURE Whenever a period of time is herein prescribed for action to be taken by either party, such time period will be extended by a period equal to the period of any delays in performance by the applicable party due to any of the following events (“Force Majeure”): (1) Acts of God, (2) strike or other such labor difficulties not specific to any labor issue existing only at the Property, (3) extraordinary weather conditions greatly exceeding norms for the greater metropolitan area where the Premises located, (4) extraordinary scarcity of or industry -wide inability to obtain supplies, parts or employees to furnish such services, (5) pandemics, epidemics, endemics, or any such similar public health crisis or emergency; or (6) or any cause whatsoever beyond a party’s control. For purposes of this Section, a cause or event shall not be deemed to be beyond a party's control, if it is within the control of such party's agents, employees or contractors. [SIGNATURES ON FOLLOWING PAGE; REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] Page 16 of 17 IN WITNESS WHEREOF, Landlord and Tenant caused this Agreement to be executed, as of the date and year first above written, by a duly authorized officer or manager of each of the respective Parties. Landlord: THE CITY OF EVANSTON, an Illinois home rule municipal corporation By: __________________________________ Date: ____________, 20___ Luke Stowe, City Manager Tenant: STATE OF ILLINOIS OFFICE OF THE SECRETARY OF STATE An Illinois unit of State government By: _________________________________ Date: ____________, 20__ Its: Page 17 of 17