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HomeMy WebLinkAboutRESOLUTIONS-1985-058-R-85It 7/17/85 58-R-85 A RESOLUTION Authorizing the City Manager • to Enter into a Lease . for 1019 University Place WHEREAS, the City of Evanston owns certain real property legally described as follows: Lot 21 (except the East 10 feet) in Block 1 in the Circuit Court partition of Lot 22 in County Clerk's Division of Unsubdivided Lands in Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, in Cook County, Illinois, and commonly known as 1019 University Place, Evanston, Illinois; and WHEREAS, said real estate is improved with a warehouse building; and !WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary or appropriate or in the best interests of the City that .it retain the use of said property and that said property is • not required for the use of the City of Evanston. WHEREAS, Northwestern University has proposed to lease said property; and WHEREAS, the City Council of the City of Evanston has determined e that the best interests of the City of Evanston and its residents would be served by the leasing of this property to Northwestern University; NOW, THEREFORE, Bf IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager is hereby authorized and directed to sign and the City Clerk is hereby authorized and 4. directed to attest on behalf of the City of Evanston a lease by and between the City of Evanston, as Lessor, and Northwestern University, as Lessee, for certain property commonly known as 1019 University Plaza for a month -to - month tenancy. 7/2/85 i 7/17/85 58-R-85 SECTION 2: That the lease shall be in substantial conformance with the proposed document attached hereto and incorporated i herein by reference.as Exhibit A. i SECTION 3: That the City Manager is hereby authorized and directed to negotiate any additional terms and conditions on 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, approval and publication in the manner provided by law.. Mayor ATTEST: • City Clerk 4-7 Adopted: 1985 e INDUSTRIAL BUILDING LEASE NO. 1201 (For Use In Illinois) July, 1979 CAUTION: Consult a lawyer before using or•acting under this form. All warranties, Including mercharllablllty and Illness, are excluded. GEORGE E. COLE®. LEGAL FORMS INDUSTRIAL BUILDING LEASE DATE OF LEASE TERM OF LEASE MONTHLY RENT BEGINNING I ENDING Mmt-h to month _ __------- ------ beginn_ ing Augrst 1, 1985 Location of Premises: 1019 University Place, Evanston, Illinois Purpose: Warehouse LESSEE LESSOR NAME Northwestern University NAME AND 633 Clark Street BUSINESS Evanston, IL ADDRESS ADDRESS $1, 000' per month City of Evanston 2100 Ridge Evanston, IL 60204 In consideration of the mutual covenants and agreements herein stated, Lessor hereby leases to Lessee and Lessee hereby leases from Lessor solely for the above purpose the premises designated above (the "Premises"), together with the appur- tenances thereto, for the above Term, for a rental of $1, 000 ;ter mo, and other good and valuable consideration. Lessee has the right to occupy premises beginning July 23, 1985 at pro —rated _rental for Julv 23 to July ,31, 1985 and under terms and conditions of this Lease. RENT 1. Lessee shall pay Lessor or Lessor's agent as rent for the Premises the sum stated above, monthly in advance, until termination of this lease, at Lessor's address stated above or such other address as Lessor may designate in writing. CONDITION 2. Lessee has examined and knows the condition of the Premises and has received the same in good AND UPKEEP order and repair, and acknowledges that no representations as to the condition and repair thereof have been OF PREMISES made by Lessor, or his agent, prior to or at the execution of this lease that are not herein expressed; Lessee will keep the Premises including all appurtenances, in good repair, replacing all broken glass with glass of the same size and quality as that broken, and will replace all damaged plumbing fixtures with others of equal quality, and will keep the Premises, including adjoining alleys, in a clean and healthful condition according to the appli- cable municipal ordinances and the direction of the proper public officers during the term of this lease at • Lessee's expense, and will without injury to the roof remove all snow and ice from the same when necessary, and will remove the snow and ice from the s idewali� a butting the Premises; and upon the termination of this lease, in anyway, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordinary wear excepted, and will deliver the keys therefor at the place of payment of said rent. * and other walkways or alleys. LESSEE NOT 3. Lessee will not allow the Premises to be used for any purpose that will increase the rate of insurance TO MISUSE; thereon, nor for any purpose other than that hereinbefore specified, and will not load floors with machinery SUBLET; or goods beyond the floor load rating prescribed by applicable municipal ordinances, and will not allow the ASSIGNMENT Premises to be occupied in whole, or in part, by any other person, and will not sublet the same or any part thereof, nor assign this lease without in each case the written consent of the Lessor first had, and Lessee will not permit any transfer by operation of law of the interest in the Premises acquired through this ? lease, and will not permit the Premises to be used for any unlawful purpose, or for any purpose that will injure the reputation of the building or increase the fire hazard of the building, or disturb the tenants or the neighborhood, and will not permit the same to remain vacant or unoccupied for more than ten con- secutive days; and will not allow any signs, cards or placards to be posted, or placed thereon, nor permit any alteration of or addition to any part of the Premises, except by written consent of Lessor; all alterations and additions to the Premises shall remain for the benefit of Lessor unless otherwise provided in the consent aforesaid. MECHANIC'S 4. Lessee will not permit any mechanic's lien or liens to be placed upon the Premises or any building or LIEN improvement thereon during the term hereof, and in case of the filing of such lien Lessee will promptly pay same. If default in payment thereof shall continue for thirty (30) days after written notice thereof from Lessor to the Lessee, the Lessor shall have the right and privilege at Lessor's option of paying the same or any portion thereof without inquiry as to the validity thereof, and any amounts so paid, including expenses and interest, shall be so much additional indebtedness hereunder due from Lessee to Lessor and shall be repaid to Lessor immediately on rendition of bill therefor. INDEMNITY 5. Lessee covenants and agrees that he will protect and save and keep the Lessor forever harmless and FOR indemnified against and from any penalty or damages or charges imposed for any violation of any laws or ACCIDENTS ordinances, whether occasioned by the neglect of Lessee or those holding under Lessee, and that Lessee will at all times protect, indemnify and save and keep harmless the Lessor against and from any and all loss, cost, damage of expense, arising out of or from any accident or other occurrence on or about the Premises, causing injury to any person or property whomsoever or whatsoever and will protect, indemnify and save and keep harmless the Lessor against and from any and all claims and against and from any and all loss, cost, damage • or expense arising out of any failure of Lessee in any respect to comply with and perform all the requirements and provisions hereof. NON- 6. Except as provided by Illinois statute, Lessor shall not be liable for any damage occasioned by failure to LIABILITY keep the Premises in repair, nor for any damage done or occasioned by or from plumbing, gas, water, sprinkler, OF LESSOR steam or other pipes or sewerage or the bursting, leaking or running of any pipes, tank or plumbing fixtures, in, above, upon or about Premises or any building or improvement thereon nor for any damage occasioned by water, snow or ice being upon or coming through the roof, skylights, trap door or otherwise, nor for any damages arising from acts or neglect of any owners or occupants of adjacent or contiguous property. WATER, 7. Lessee will pay, in addition to the rent above specified, all water rents, gas and electric light and GAS AND power bills taxed, levied or charged on the Premises, for and during the time for which this lease is granted, ELECTRIC and in case said water rents and bills for gas, electric light and power shall not be paid when due, Lessor shall CHARGES have the right to pay the same, which amounts so paid, together with any sums paid by Lessor to keep the Premises in a clean and healthy condition, as above specified, are declared to be so much additional rent and P;Wv'1hlv svitlt IIi4; ilisiatllnient, of rent next chic Ihcrt•aftcr, PAGE KEEP 8. Lessor shall not be obliged to incur any expense for repairing any improvements upon said demis( PREMISES premises or connected therewith, and the Lessee at his own expense will keep all improvements in good repa IN REPAIR (injury by fire, or other causes beyond Lessee's control excepted) as well as in a good tenantable and whol( some condition, and will comply with all local or general regulations, laws and ordinances applicable therct, as well as lawful requirements of all competent authorities in that behalf. Lessee will, as far as possible, kc� said improvements from deterioration due to ordinary wear and from falling temporarily out of repair. Lessee does not make repairs as required hereunder promptly and adequately, Lessor may but need not m;;l such repairs and pay the costs thereof, and such costs shall be so much additional rent immediately due frog and payable by Lessee to Lessor. ACCESS TO 9. Lessee will allow Lessor free access to the Premises for the purpose of examining or exhibiting ti PREMISES same, or to make any needful repairs, or alterations thereof which Lessor may see fit to make and will allow t • have placed upon the Premises at all times notice of "For Sale" and "To Rent", and will not interfere with tl same. ABANDON- 10. If Lessee shall abandon or vacate the Premises, or if Lessee's right to occupy the Premises be terns MENT AND nated by Lessor by reason of Lessee's breach of any of the covenants herein, the same may be re -let by Less( RELETTING for such rent and upon such terms as Lessor may deem fit; and if a sufficient sum shall not thus be realize monthly, after paying the expenses of such re -letting and collecting to satisfy the rent hereby reserved, Less( agrees to satisfy and pay all deficiency monthly during the remaining period of this lease. HOLDING 11. Lessee will, at the termination of this lease by lapse of time or otherwise, yield up immediate posse - OVER sion to Lessor, and failing so to do, will pay as liquidated damages, for the whole time such possession is wit] held, the sum of Fiftv Dollars ($ 50.00 ) per day; but the provisions this clause shall not be held as a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall tll receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waive of the right to forfeit this lease and the term hereby granted for the period still unexpired, for a breach of ai of the covenants herein. fire Ylazardous EXTRA 12. There shall not be allowed, kept, or used on the Premises any inflammable or explosive liquids FIRE materials save such as may be necessary for use in the business of the Lessee, and in such case, any such sul HAZARD stances shall be delivered and stored in amount, and used, in accordance with the rules of the applicable Boai of Underwriters and statutes and ordinances now or hereafter in force. DEFAULT 13. If default be made in the payment of the above rent, or any part thereof, or in any of the covenai BY herein contained to be kept by the Lessee, Lessor may at any time thereafter at his election declare said tei LESSEE ended and reenter the Premises or any part thereof, with or (to the extent permitted by law) without notice process of law, and remove Lessee or any persons occupying the same, without prejudice to any remedies will" might otherwise be used for arrears of rent, and Lessor shall have at all times the right to distrain for rent due, a' shall have a valid and first lien upon all personal property which Lessee now owns, or may hereafter acquire have an interest in, which is by law subject to such distraint, as security for payment of the rent herein reserve NO RENT 14. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lea! DEDUCTION Lessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor setoff against any cla i OR SET OFF for rent.in any action. RENT AFTER 15. It is further agreed, by the parties hereto, that after the service of notice, or the commencement of a si • NOTICE or after final judgment for possession of the Premises, Lessor may receive and collect any rent due, and t.' OR SUIT payment of said rent shall not waive or affect said notice, said suit, or said judgment. PAYMENT OF 16. Lessee will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made a; COSTS incurred by Lessor in enforcing the covenants and agreements of this lease. RIGHTS 17. The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one CUMULATIVE more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwi provided by law, nor shall exercise nor use of any right or remedy by Lessor waive any other right or remed FIRE AND 18. In case the Premises shall be rendered untenantable during the term of this lease by fire or oth CASUALTY casualty, Lessor at his option may terminate the lease or repair the. Premises within 60 days thereafter. If Less elects to repair, this lease shall remain in effect provided such repairs are completed within said time. If Less shall not have repaired the Premises within said time, then at the end of such time the term hereby created sh terminate. If this lease is terminated by reason of fire or casualty as herein specified, rent shall be apportioned a; paid to the day of such fire or other casualty. SUBORDINATION 19. This lease is subordinate to all mortgages which may now or hereafter affect the Premises. PLURALS; 20. The words "Lessor" and "Lessee" wherever herein occurring and used shall be construed to me, SUCCESSORS "Lessors" and "Lessees" in case more than one person constitutes either party to this lease; and all the covena i and agreements contained shall be binding upon, and inure to, their respective successors, heirs, executor administrators and assigns and may be exercised by his or their attorney or agent. SEVERABILITY 21. Wherever possible each provision of this lease shall be interpreted in such manner as to be effective a valid under applicable law, but if any provision of this lease shall be prohibited by or invalid under applical law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating t remainder of such provision or the remaining provisions of this lease. 22. The premises shall be used solely for storage of office supplies, furniture, household and other goods related to the maintenance of UniversitN STORAGE facilities unless Lessor shall give written approval for additional or different usage. Lessee shall comply with all applicable state and local regulations regarding storage of goods and fire, health and safety hazards. 23. Lessee shall maintain the elevator in good condition in conformity WINTENANCE with City Code standards and shall be responsible for the upkeep and repair of said elevator. 24. In the event the current exempt property status of the premises is removed or modified by the Cook County Assessor's Office due to the tenancy of Lessee, upon written notice to Lessee, Lessee shall pay all valid and enforceable taxes assessed against the property during its tenancy because TAXES of such eventuality. Such eventuality shall accelerate Lessee's right to terminate the Lease, effective as of the date of receipt of such notice, notwithstanding Article 25 hereof, provided that Lessee shall inform Lessor of said termination in writing. If termination occurs pursuant to this paragraph 25, Lessee's tenancy. -shall be deemed to extend to the date it-� 'vr9C'Frt:.��15 t 1�s� i•�r�„nti ;;��, Y Ai I AGH it(tJLHS HERE 25. Lessor shall have -the right, upon 30 days written notice to TERMINATION Lessee, to terminate this Lease. 'Termination by Lessee shall be upon 30 days' written notice to Lessor. 26. Lessee shall submit to Lessor a Certificate of Insurance INSURANCE demonstrating fire, loss,.damage and injury coverage in an amount acceptable to Lessor, naming Lessor as additional insured and endorsing the hold harmless provision contained in paragraph 5 of this Lease. • If this instrument is executed by a corporation, such execution has been authorized by a duly adopted resolution of the . Board of Directors of such corporation. This lease consists of 2 pages numbered 1 to 2 including a rider consisting of 1 pages, identified by Lessor and Lessee. IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the Date of Lease stated above. LESSEE: / / LESSOR: NORTHWES *tBy: Le Se Big • On thi, ITY villis r Vice President for ess and Finance (SEAL) I (SEAL) (SEAL) (SEAL) ASSIGNMENT BY LESSOR 19 for value received, Lessor hereby transfers, assigns and sets over to Lease and the rent thereby reserved, except rent due and payable prior + GUARANTEE all right, title and interest in and to the above 19 (SEAL) (SEAL) On thi, , 19 , in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the undersigned Guarantor hereby guarantees the payment of rent and performance by Lessee, Lessee's heirs, executors, administrators, successors or assigns of all covenants and agreements of the above Lease. (SEAL) Note: Use Form Number 12-11' for assignment by Lessee. (SEAL)