HomeMy WebLinkAboutRESOLUTIONS-1986-020-R-862/18/86
3/6/86
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A RESOLUTION
Authorizing the City Manager to Enter into a
Lease for a portion of 1829-49 E. Railroad Avenue
WHEREAS, the City of Evanston owns certain real
property legally described as follows:
Lots 13, 14, 15 and 16 in Block 1 in Circuit Court
Subdivision in 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
(except that part of lots 13 and 14, if any, which falls
in lots 1 and 3 in Owner's Subdivision of lot 21 in County
Clerk's Subdivision aforesaid); Also: The south 112 feet
of lot 3 in Owner's Subdivision of lot 21 in the County
Clerk's Division of unsubdivided lands in the NW a of
Section 18, Township 41 North, Range 14 East of the Third
Principal Meridian in Cook County, Illinois
and commonly known as 1829-49 East Railroad Avenue.
WHEREAS, said real estate is improved with a
multi -room warehouse building; and
WHEREAS, the City Council of the City of Evanston has
determined Yt at.: t ° 3s, not-n{ecessary•-oor ~appropriate crr ,-i.n .the
best .interests of_, the City at. -the present -time -.that-- it -retain
the full use of said property and that said property is not
presently required for the exclusive use of the City of
Evanston; and
WHEREAS, Kingport Luggage, Ltd. has proposed to lease
a portion of space in the warehouse located upon said property;
and
WHEREAS, the City Council of the City of Evanston has
determined that the best interests of the City of Evanston and
its residents would be served by leasing a portion of space at
1829-49 East Railroad Avenue to Kingport Luggage, Ltd.,
NOW, THEREFORE, BE 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 directed to attest on
behalf of the City of Evanston a lease by and between the City
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29-R-86 i
of Evanston, as Lessor, and Kingport Luggage, Ltd., as Lessee,
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for a portion of certain property commonly known as_.1829-49'"' !
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East Railroad Avenue for a period of one (1) year with an j
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I option to renew for an additional one (1) year, said portion
• designated on the map attached to and made part of the Lease; i
SECTION 2: That the lease shall be in substantial
conformance with the proposed document
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! attached hereto and incorporated herein by reference as
Exhibit A. i
SECTION 3: That the City Manager is hereby
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authorized and directed to negotiate any
additional terms and conditions on the lease as may be
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determined to be in the best interests of the City.
SECTION 4: This Resolution shall be in full
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force and effect from and after its
i passage, approval and publication in the manner provided by
law.
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ATTEST:
City Clerk
Adopted: r2-,IyGl' /,,-)
r1
U
, 1986
opm
Mayor
INDUSTRIAL BUILDING LEASE
(For Use In Illinois)
NO. 1201 GEORGE E. GOLEe
July, 1979 LEGAL FORMS
CAUTION: Consult a lawyer before uging or actfhg under this form.
All warranties, Including merchantability and fltnessf,are*ekcluded.
INDUSTRIAL BUILDING LEASE
DATE OF LEASE TERM OF LEASE MONTHLY RENT''
BEGINNING ENDING
March 1.5, I9861 March 15,1987: $208.50
- -- - -- - ---.----- --- - -
Location of Premises:
Portion of premises at 1829-49 Railroad Avenue as
indicated on map attached to and made part of this
• - --._-------lease . as_ _Exhibit_ -___-_-
Purpose:
Storage
LESSEE LESSOR
NAME Kingport Luggage, Inc. NAME AND • City of" Evanston
1228 Emerson, Evanston, Illinois 111INES3 • 2100 Ridge
ADDRESS • ADDRESS
Evanston, Illinois
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.
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
i 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,4'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 tb,
,-swam e,.and,qualityasthat,brdke.n,and,wiU-xepL-=,all, damagedplumbing.fixtures.with.others.of.equalquality,
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?
Lcsseersaexpense, and•will-without -injury to the' roof; remove all snow and ice -from the same when necessay-,
and. will remove the snow and ice from the sidewalk abutting the Premises; and upon the termination of tl..is
lease,.iq any way, will yield up the Premises to Lessor, in good condition and repair, loss by fire and ordlWk y
weir,exte ted, and will deli er ihe.key th efor t th lace of payment of said rent. See �[2a, p. 3
*excet as providveci in2i�ero ease
ESSEE NOT 3. essee wi 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 or 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. See continuation of f 5, on page 3.
._NON-
IABILITY
6. Except as provided by Illinois statute, Lessor shall not be liable for any damage occasioned by failure to
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,belpaid 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
payable with the installment of rent next due thereafter.
PAGE 1
PAGE 2
KEEP
8. Lessor shall not be obliged to incur any expense for repairing any improvements upon said demised
PREMISES
premises or connected therewith, and the Lessee at his own expense will keep all improvements in good repair
IN REPAIR
(injury by,fire, or other causes beyond Lessee's control excepted) as well as in a good tenantable and whole-
some condition, and will comply with all local or general regulations, laws and ordinances applicable thereto,
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as well as lawful requirements of all competent authorities in that behalf. Lessee will, as far as possible, keep
said improvements from deterioration due to ordinary wear and from falling temporarily out of repair. If
j Lessee does not make repairs as required hereunder promptly and adequately, Lessor may but need not make
such repairs and pay the costs thereof, and such costs shall be so much additional rent immediately due from
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 the
PREMISES
same, or to make any needful repairs, or alterations thereof which Lessor may see fit to make and will allow to
have placed upon the Premises at all times notice of "For Sale" and "To Rent", and will not interfere with the
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same.
ABANDON-
10. If Lessee shall abandon or vacate the Premises, or if Lessee's right to occupy the Premises be term.-
MENT AND
nated by Lessor by reason of Lessee's breach of any of the covenants herein, the same may be re -let by Lessor
RELETTING
for such rent and upon such terms as Lessor may deem fit; and if a sufficient sum shall not thus be realized
monthly, after paying the expenses of such re -letting and collecting to satisfy the rent hereby reserved, Lessee
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 posses -
OVER
sion to Lessor, and failing so to do, will pay as liquidated damages for the whole time such possession is with-
Fiftv �0. 00 day; but
held, the sum of Dollars ($ ) per the provisions of
this clause shall not be held as a waiver by Lessor of any right of re-entry as hereinafter set forth; nor shall the
receipt of said rent or any part thereof, or any other act in apparent affirmance of tenancy, operate as a waiver
of the right to forfeit this lease and the term hereby granted for the period still unexpired, for a breach of any
of the covenants herein.
fire ha zardous
EXTRA
12. There shall not be allowed, kept, or used on the Premises anynflammable or explosive liquids or
FIRE
materials save such as may be necessary for use in the business of the Lessee, and in such case, any such sub -
HAZARD
stances shall be delivered and stored in amount, and used, in accordance with the rules of the applicable Board
i 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 covenants
BY
herein contained to be kept by the Lessee, Lessor may at any time thereafter at his election declare said term
LESSEE
; ended and reenter the Premises or any part thereof, with or (to the extent permitted by law) without notice or
process of law, and remove Lessee or any persons occupying the same, without prejudice to any remedies which
might otherwise be used for arrears of rent, and Lessor shall have at all times the right to distrain for rent due, and
shall have a valid and first lien upon all personal property which Lessee now owns, or may hereafter acquire or
have an interest in, which is by law subject to such distraint, as security for payment of the rent herein reserved.
NO RENT
j 14. Lessee's covenant to pay rent is and shall be independent of each and every other covenant of this lease.
DEDUCTION
tLessee agrees that any claim by Lessee against Lessor shall not be deducted from rent nor set off against any claim
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 suit
NOTICE
or after final judgment for possession of the Premises, Lessor may receive and collect any.rent due, and the .
OR' SUIT" " '
payment of -said rent shall not waive or affect said notice, saidsuit, or said judgment.
PAYMENT OF
16. Lessee will pay and discharge all reasonable costs, attorney's fees and expenses that shall be made
COSTS` =
incurred -by- Lessor iirenforciag tht covenants and agreements -of -this tease: is
RIGHTS
17. The rights and remedies of Lessor under this lease are cumulative. The exercise or use of any one or
CUMULATIVE
more thereof shall not bar Lessor from exercise or use of any other right or remedy provided herein or otherwise
provided by law, nor shall exercise nor use of any right or remedy by Lessor waive any other right or remedy.
FIRE AND
18. In case the Premises shall be rendered untenantable during the term of this lease by fire or other
CASUALTY
casualty, Lessor at his option may terminate the lease or repair the Premises within 60 days thereafter. If Lessor
elects to repair, this lease shall remain in effect provided such repairs are completed within said time. If Lessor
shall not have repaired the Premises within said time, then at the end of such time the term hereby created shall
terminate. If this lease is terminated by reason of fire or casualty as herein specified, rent shall be apportioned and
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 mean
SUCCESSORS "Lessors" and "Lessees" in case more than one person constitutes either party to this lease; and all the covenants
and agreements contained shall be binding upon, and inure to, their respective successors, heirs, executors,
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 and
valid under applicable law, but if any provision of this lease shall be prohibited by or invalid under applicable
law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the
remainder of such provision or the remaining provisions of this lease.
R-I DER
22. The premises shall be used solely for storage of empty luggage and
their component parts. Lessee shall ccnply with all applicable state and
local laws and regulations regarding fire, health and safety hazards and
the storage of goods.
23. Lessee agrees to conduct daily on -site inspections of the premises
for a minimum 15 minute time period to assure that said premises are secured.•
24. Lessee shall pay all valid and enforceable property taxes
which.accrne and,are,assessed against -the,property. -during.. Lessee! s_tenancy.*
25. Either party may, upon six (6) months written notice to the
other, terminate this Lease.
26. Prior to execution of this Lease, Lessee shall submit to
Lessor a Certificate of 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
e
�[ 2a. Lessee accepts premises in present "as is" condition and without
warranty regarding elevator, roof or boilers/heating system. Lessor
has informed Lessee and Lessee acknowledges that the elevator and
the hearing system (boilers) are inoperable, and that the roof is in
a state of disrepair which may result in leakage or other damage
and that-Lessor'does not intend to -repair -said items:' Lessee
releases Lessor from liability for damages or loss caused by all
aforementioned conditions.
�[ 5. The indemnification shall include claims or loss, cost, damage or
expense arising from Lessee's failure to provide required supervision
• of premises as provided in paragraph 23 of Rider.
24. Lessee shall taxes for only that portion which lessee occupies
in an amount not to exceed $3400. per year. Lessor agrees to
pursue tax status of said property.
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 pages numbered 1 to including a rider consisting of pages,
Ontified by Lessor and Lessee.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the Date of Lease stated above.
LESSEE: LESSOR:
(SEAL) (SEAL)
(SEAL) (SEAL)
ASSIGNMENT BY LESSOR
On this 19 , for value received, Lessor hereby transfers, assigns and sets over to
all right, title and interest in and to the above
Lease and the rent thereby reserved, except rent due and payable prior tn 19 .
(SEAL)
{SEAL)
GUARANTEE
IsOn this 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.
(CEAL)
(SEAL)
Note: Use Form Number 12-1P for assignment by Lessee.
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