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HomeMy WebLinkAboutRESOLUTIONS-1983-034-R-83I' 5/6/83 r 5/17/83 f • • 34-R-83 A RESOLUTION Authorizing the City Manager to Lease Certain Fourth Floor Space at the Evanston Civic Center to Cablevision of Chicago, A Limited Partnership WHEREAS, the City of Evanston is the owner of certain real property at 2100 Ridge Avenue, Evanston, Illinois, commonly known as the Evanston Civic Center; and WHEREAS, certain portions of that property located on the Fourth Floor, south end, are not found at this time appropriate or required for the use of the City of Evnaston; and WHEREAS, the cable franchisee with the City of Evanston, Cablevision of Chicago has requested to lease certain space from the City at the Civic Center during the period of construction of its permanent studios, offices and headend at 1285 Hartrey, said lease to be for a temporary four month period from approximately June 1 through September 30, 1983; and WHEREAS, said Cablevision of Chicago was required to have two operating studios set up at the time of system activation in Evanston; and WHEREAS, said Cablevision of Chicago then negotiated with the City of Evanston a delay in activation of said studios at 1285 Hartrey until I May 1983; and WHEREAS, said Cablevision of -Chicago is again delayed in activation of said studios at 1285 Hartrey for -an additional four month period; and WHEREAS, it is in the public interest to allow for ongoing community activity in public access programming, in a facility which must be convenient for public use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION I: The City Manager is hereby authorized and directed to sign and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston a lease by and between I the Cityof Evanston, as lessor, and Cablevision of Chicago, a Limited Par tner-� ship, as lessee, of 791 square feet at the south end of the Fourth Floor of the Evanston Civic Center at 2100 Ridge Avenue, Evanston, Illinois, as set forth and further described in Exhibit A to the Lease Agreement. 1�1 is 5/6/83 5/17/83 SECTION 2: Said lease shall be for a period of four months and it shall be in substantially the same form as that draft it 11 attached hereto and incorporated by reference into this Resolution as Exhibit A. SECTION 3:.Said lease shall not waive contractual agreements entered into by Cablevision of Chicago with the City of Evanston included in or made part of the Cable Communications Franchise Agreement between the City of Evanston and Cablevisi6n of Chicago. SECTION 4: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. ii I. 11 or ATTEST: ii City Clerk ADOPTED: 1983 O • 0 LEASE TERM OF LEASE DATE OF LEASE: BEGINNING ENDING MONTHLY RENT June 1, 1983 September 30, 1983 $14.00 per sq. ft. $922.83 per mo. LOCATION OF PREMISES: Certain fourth floor spaces per Exhibit A 2100 Ridge Avenue Evanston, Illinois PURPOSE: Utilization of office space in the Evanston Civic Center for a temporary studio space, editing space, office space, and equipment room. LESSEE: LESSOR.: NAME: Cablevision of Chicago NAME: City of Evanston ("City") j r ADDRESS: 1285 Hartrey ADDRESS: 2100 Ridge Avenue CITY: Evanston, Illinois 60202 CITY: Evanston, Illinois 60204 !. I IN CONSIDERATION of the agreements herein stated, LESSOR HEREBY LEASES TO LESSEE rooms 4801, 4800, and 4613 at the Evanston Civic Center or approximately seven hundred ninety-one (791) square feet on the four." floor as further set forth in and depicted on Exhibit A attached hereto and in - corporated by reference to be used for the business activities of the LESSEE subject to the conditions stated herein. 1. The LESSEE shall as consideration for said rental and for certain repairs to the rental space by LESSOR as set forth in paragraph 3 herein, pay or cause to be paid for the term commencing June 1, 1983 and i ending September 30, 1983, rent in the amount of $922.83 per month to the LESSOR at the beginning of each and every month at the office of the City Manager,210O.Ridge Avenue, Evanston, Illinois 60204. 2. LESSOR will when required by outside temperature furnish at its own expense during the term, cooling of the demised premises, except when prevented by accidents and unavoidable delays, provided, however, that the LESSOR shall not be held liable in damages on account of any property damage or loss occasioned by the failure of the cooling apparatus, or by any leakage or breakage of the pipes, by any defect in the electric wiring, I� +� elevator apparatus and service thereof, or by reason of any other defect, latent or patent, in, around, or about the said building. • • 3. LESSOR will do the following repair and remodeling: a. Build a partition wall between space A and B as shown in Exhibit A, and provide doorway and door through same. i b. Complete and close off existing partial partition between 1 space A and hallway, and provide doorway and door (with j i glass and blind) through same. j c. Remove existing radiator and replace and relocate with two others, one in each of the newly created rooms. ! d. All walls and trim will be painted and finished as other i such installations throughout Civic Center. e. Build studio set with risers and a backdrop; for which LESSEE will pay $2,000 at time of signing of this lease. 4. LESSOR will cause the halls, corridors and other parts of the building adjacent to the premises to be lighted, cleaned and generally cared for, accidents and unavoidable delays excepted. 5. LESSEE shall not, as a requirement for studio operation at 2100 Ridge, operate the electronic nears gathering mobile van, required in Exhibit 9 of the Franchise Agreement between the City of Evanston and Cablevision of Chicago, as a remote control unit for any and all studio operations while this lease is in force. The specific written approval of LESSOR shall be required for use of the van in the event that a live program ' is requested to be orginiated for cablecast from the Evanston Civic Center. 6. LESSEE shall comply with such rules and regulations as may later be required by LESSOR for the necessary, proper and orderly care of the building in which premises are located. 7. LESSEE shall neither sublet the premises or any part thereof not assigned to this lease nor permit by any act or default any transfer of • LESSEE's interest by operation of law nor offer the premises or any. part thereof for lease or sublease, nor permit the use thereof for any purpose other than -as above mentioned, without in each case the written consent of LESSOR. -2- 8. No modifications, alterations, additions, installations, or renovations, including decorating, shall be undertaken by the LESSEE without first obtaining the written permission from the LESSOR. The cost of all • alterations and additions, etc. to said premises except those set forth in paragraph 3 shall be borne by the LESSEE and all such alterations and addi- tions shall remain for the benefit of the LESSOR. 9. LESSEE shall maintain and restore the premises to LESSOR, with walls, plaster, floors, light fixtures, pipes, ceiling, locks, doors and i windows thereof entire and unbroken, and in clean condition and will not allow any waste or misuse or neglect of the premises or any fixtures thereon i i nor allow damage to property of other tenants of the building to be caused by such waste or misuse. I 10. At the termination of the Lease, by lapse of time or otherwise, LESSEE agrees to yield up immediate and peaceable possession to LESSOR, and failing so to do, to pay as liquidated damages, for the whole time s h • possession is withheld, the sum of ONE HUNDRED DOLLARS ($100) per day, and it shall be lawful for the LESSOR or his legal representative at any time thereafter, without notice, to re-enter the premises or any part thereof, either with or without process of law, and to expel, remove and put out the LESSEE or any person or persons occupying the same, using such force as may be necessary so to do, and to repossess and enjoy the premises again as be- fore this lease, without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenants; or in case.the premises shall be abandoned, deserted, or vacated, and remain unoccupied five (5) days consecutively, the LESSEE hereby authorizes and requests the LESSOR as LESSEE'S agent to re-enter the premises and remove all articles found herein, place them in some regular storage warehouse or other suitable i ` storage place, at the cost and expense of LESSEE, and proceed to re -rent the • premises at the LESSOR'S option and discretion and apply all money so re- ceived after paying the expenses of such removal toward the rent accruing under this Lease. This request shall not in any way be construed as re- quiring any compliance therewith on the part of the LESSOR. If the LESSEE - I - • • i i shall fail to obtain and provide consideration described in paragraph 1, and the same shall not have been obtained five (5) days after written demand from the LESSOR, LESSOR shall by. reason thereof be authorized to declare the term ended, and the LESSEE hereby agrees that the LESSOR, his agents or assigns may begin suit for possession of rent. j 11. In the event of re-entry and removal of the articles found on j i the premises and personally owned by LESSEE as hereinbefore provided, the I LESSEE hereby authorizes and requests the LESSOR to sell the same at public or private sale within fifteen (15) days notice, and the proceeds thereof, i after paying the expenses of removal, storage and sale to apply towards the rent reserved herein, rendering the overplus, if any, to LESSEE upon demand. j 12. Only those signs, posters and bulletins expressly permitted by the LESSOR shall be allowed in and around the leased premises. This condi- tion shall include, but not be limited to, signage, posters, or announcements relating to programs, subscriptions, or activities of the LESSOR. No com- I mercial'publicity shall be allowed. ! i 13. The LESSEE shall be issued automobile parking permits as space allows in the parking lot adjacent to the building containing the leased premises. In no event shall the number of permits issued exceed the ratio of one parking permit for every two hundred fifty (250) feet of floor space rented. 14. The LESSOR will at its cost supply electric lighting, cleaning and general maintenance of the leased premises and adjoining stairwells and access corridors, The cleaning of the premises shall be conducted five (5) days per week during hours which will not reasonably interfere with the conduct of business. • 15. The LESSOR will provide security and custodial services. Access to the building and the leased premises during periods other than regular business hours by.the LESSEE, his agents or employees shall be allowed only to the leased premises and the corridors and stairwells re- quired for access thereto, and only to those persons who have been desig- -4- n U • • j nated in writing by the LESSEE and approved by the LESSOR. Said designation must be provided to LESSOR at least twenty-four (24) hours in advance of i i entry as to those persons not regularly employed 'by LESSEE. i 16. The law of the State of Illinois concerning political solici- tation and electioneering shall be observed by the LESSEE in and around the leased premises. 17. The provisions of the Municipal Code of the City of Evanston concerning the consumption and use of alcoholic beverages are hereby incor- porated by reference and made a part of this agreement. j j 18. The LESSEE agrees that no refrigerator and no stoves or other appliance for the preservation or preparation of food, other than a coffee pot or device for warming water for beverage preparation, shall be kept installed or otherwise maintained on the premises. 19. As security for the performance of all of LESSEE'S commitments under the lease, LESSEE shall deposit with the City of Evanston, concurrently with the signing of this lease, in addition to the sum called for in paragraph 3, the sum of eighteen hundred forty-six dollars ($1846) security deposit. Said money shall be placed in an interest -bearing account by the City and shall be held in trust until the completion of the lease term. The sum with interest shall be returned to LESSEE within thirty (30) days of LESSEE'S vacation of the premises. From the sum to be returned shall be deducted and offset the following items under the following conditions: a. Where damage has occurred to the leased premises and not been repaired by LESSEE upon -demand, LESSOR shall have authority to and shall repair said damage and have its cost of repair offset against said deposit. b. Where there are outstanding claims for loss or theft of City property, or property of third parties caused by LESSEE, its guests, agents, officers, assigns or business invitees, including all persons granted access to the leased premises, a sum equal to the outstanding claim shall be retained by the City until resolution or settlement of said claim. r c., Where there has been a holdover by LESSEE, the liquidated damages of $100 per day shall be deducted from the security deposit. d. Retention by LESSOR of any portion of the security deposit for reasons and offset purposes set forth in paragraph 20 a, b, and c, shall not.be held to and shall not constitute waiver of LESSOR'S right to compensation for damages in excess of the sum of the security deposit, or for its right to be indemnified, bring action for or to otherwise offset its damages as provided in paragraphs 9, 10, 11, and 20. 20. LESSEE shall hold harmless and indemnify the LESSOR against all liability imposed by law and against all loss, liability, damage, and expenses including attorney's fees, incurred by the LESSOR, on account of any injury to or death of any person or persons whomsoever, including employees of the LESSEE, of carriers, and of the LESSEE'S subcontractors, or on account of loss, theft or damage to personal property owned by LESSEE, its agents, employees, guests or invitees or by any person, persons, firms or corporation caused by or connected with the exercise of rights or the discharge of obligation by the LESSEE hereunder. The City shall be made a named insured for the premises and rental period on the general liability , policies of LESSEE and.a certificate proving same supplied currently with 1 the signing of this lease. If requested by the LESSOR, the LESSEE at its i won exoense, cost and risk shall. defend.and pav all costs. including attornev's fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, resulting from LESSOR'S occupation of the premises and any of its activities thereupon, or any such claim or demand, and pay and satisfy any judgment that may be rendered against them in any such suit or legal proceeding or the amount of any compromise or settlement that may result therefrom. I' WITNESS the hands and seals of the parties hereto, as of the date of this Lease stated above. • !' LESSOR: City of Evanston I, By i� City Manager is ATTEST: f� I' City Clerk Signed this day of • i, - 7 - LESSEE: By , 1983 11