HomeMy WebLinkAboutRESOLUTIONS-1991-018-R-9118-R-91
A RESOLUTION
Authorizing the City Manager
to Enter into a New Lease Agreement and
Building Management Contract with the
Evanston Community Development Corporation (ECDC)
• for the
Rental of a Portion of 1817 Church Street
WHEREAS, the City Council of the City of Evanston finds that it would be
advantageous to and in the best interest of the City of Evanston to renew a lease of
a portion of the property owned by the City and located at 1817 Church Street,
Evanston, Illinois; and
WHEREAS, the City has negotiated to such ends with the Evanston
Community Development Corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EVANSTON, COOK COUNTY, ILLINOIS
Section l: The City Manager of the City of Evanston is hereby
authorized and directed to negotiate and enter into a new
lease agreement and building management contract by and
on behalf of the City of Evanston as lessor and the Evanston
• Community Development Corporation as lessee for the
rental of the premises known and described as follows to wit;
Approximately seven hundred ninety-nine (799) square feet located on the
first floor, all of the second floor, approximately six hundred fifty-four and
one-half (654.5) square feet in area, and all of the. third floor,
approximately three hundred sixty-one (361) square feet in area, located in
the structure on the premises commonly known as 1817 Church Street,
Evanston, Illinois. The first floor has one door which opens onto the north
side of Church Street right-of-way and one door which opens onto the first
east -west alley north of Church Street.
Section 2: This Resolution shall be in full force and effect from and
after the date of its passage and approval.
• ATTEST:
ON
y Clerk
ADOPTED: ,S , 1990
29Y 15
LEASE
DATE OF LEASE TERM OF LEASE: 1 YEAR TERM OF RENT:
•
Beginning March 1, 1991 $1.00 total for entire
Ending February 29, 1992 period and leased property
management as set forth in
Exhibit A
LOCATION OF BUILDING AND PREMISES: 1817 Church Street, Evanston,
Illinois the "premises" in the property shown in Exhibit A hereto and located near the
NE corner of Church Street and Dodge Avenue in Evanston, Illinois. The "Building" is
the building located on the premises at the date hereof.
PURPOSES FOR USE OF SPACE IN BUILDING: To operate a local community
development corporation which provides various support services and economic
development assistance to the residents and merchants of the Church/bodge
neighborhood and west side target area. Leased space will be used to conduct
administrative operations and meetings and community development programs.
Leased space will consist of approximately 799 square feet located on the first floor,
654.5 square feet on the second floor, and 361 square feet on the third floor. These
portions are to be found as shaded areas of the floor plan marked as Exhibit B and
attached hereto..
LESSEE LESSOR
Name: Evanston Community Name: City of Evanston, Illinois
• Development Corporation a municipal corporation
(ECDC)
Address: 1817 Church Street Address: 2100 Ridge Avenue
Evanston, Illinois 60201 Evanston, Illinois 60201
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
purposes the Building designated above and that portion of the Premises on which the
Building is situated, together with the appurtenances thereto (collectively the "LEASED
PROPERTY"), for the above term, and Lessor grants to Lessee a license for use of the
remainder of the Premises during such Lease term.
1. To the best of its knowledge, Lessee has examined and knows the condition
of the premises, and acknowledges that no representations as to the
condition and repair thereof have been made by Lessor, or his agent, prior to
or at the execution of this Lease that are not herein expressed. Lessee has
the right and responsibility to keep the interior and exterior premises in good
• repair (as described in paragraphs 2 and 3) and upon the termination of this
Lease, in any way, will yield up the premises to Lessor, in good condition and
repair, loss by fire and ordinary wear excepted, and will deliver the keys
therefore at the place of payment of rent. Lessee will not allow any waste
of the water or misuse or neglect the water on the premises and will pay all
damages to the premises as well as all other damage to other tenants of the
Building, caused by such waste or misuse.
-2. The Lessee covenants throughout the term of the Lease, at its sole cost and
expense, to maintain and take good care of the demised premises and all
fixtures located therein and all the items listed in Category A, attached
hereto, and to maintain and keep the same in good order and condition and
for the purposes permitted in this Lease and shall, promptly at the Lessee's
own cost and expense, maintain and make all necessary repairs, interior and
exterior, ordinary as well as extraordinary, foreseen as well as unforeseen,
• as related to the dernised premises, to all fixtures located therein and the
items listed in Category A.
The Lessee shall inform Lessor of all repairs and/or maintenance of the
above described items, if the total cost exceeds $500. Lessee shall, at its
sole cost and expense, without prior notice to Lessor, be authorized to
expend up to and including five hundred dollars ($500) per each individual
emergency repair and/or regular maintenance repairs to the 1817 Church
Street structure. Any expenditures for repairs to the demised premises and
all fixtures therein and items listed under Category A which are estimated in
value to exceed said amount ($500) shall be forwarded to the City Building
Operations Director and/or other firms for review and possible action. No
such repair and/or maintenance shall be undertaken by the Lessee without
permission in writing first having been obtained from the Lessor. When used
in this article the term "repairs" shall include replacements or renewals
when necessary, and all such repairs made by the Lessee shall, to the extent
feasible, be equal in quality to the original work. If the Lessee does not
maintain or make repairs, as required hereunder, promptly and adequately,
• the Lessor may but need not make such maintenance or repair and pay the
cast thereof, and such cost shall be so much additional rent immediately due
from, and payable to, the Lessor. The Lessee shall be responsible for any
and all damages interior, exterior, structural, non-structural, foreseen, as
well as unforeseen, resulting from its failure to maintain in good order and
repair the demised premises, the fixtures located therein and the items
listed in Category A.
3. Upon notification by Lessee, Lessor shall repair and/or replace as needed in
its sole discretion, major structural items and all the items listed in
Category B. Structural repair means non -cosmetic work on foundation, roof,
walls, and subflooring necessary to protect the stability of the structure.
The Lessee shall repair and/or replace major structural items or the items
listed in Category B., if said repair or replacement is due to the negligence
of the Lessee or Lessee's agent.
In the event the estimated cost to the Lessor for any repair pursuant to the
• above paragraph is greater than $750, the Evanston City Council shall have
the right upon ninety (90) days written notice to cancel and terminate this
lease.
CATEGORY A
Any and all electrical, plumbing, heating, and structural components not stated in
Category B.
-2-
-CATEGORY B
Plumbing
I. Sewer from street to main building
2. All supply and waste pipes
Electrical
1. Main services lines
2. Main electrical panel
• 3. Distribution panel
Heating
I.
Feed pump
2.
Circulating pump
3.
Supply return pipes
4.
Expansion tanks
5.
Radiators
6.
Valves
7.
Traps
Structural
I. Roof
2. Non -cosmetic items pursuant to Paragraph 3 (p. 2)
3. Gutters, walkways, tuckpointing, exterior walls, etc:.
4. It is the understanding and agreement of the parties that commencing March
I, 1991 this is a net Lease except as to obligations assumed herein by the
Lessor and that the Lessee shall have and hereby assumes, except as
otherwise expressly provided (paragraph 3), all duties and obligations with
• relation to the demised premises, the improvements thereon, and the
appurtenances thereto, and the use, maintenance, and operation thereof so
that no matter from what source arising, if anything shall become necessary
to be done or required by law in, upon, or about the dernised premises, the
improvements thereon, or the appurtenances thereto, all shall be done and
fulfilled at the sole expense and responsibility of the Lessee without any
expense, liability, or obligation whatsoever to or upon the Lessor, so long as
said improvements (over the cost of $500) have been approved by the Lessor.
5. Lessee will not permit any alteration and/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. The Lessee shall be responsible for any
and all damage, interior, exterior, structural, non-structural, foreseen as
well as unforeseen, resulting from any addition, or alteration, undertaken
without prior written approval of Lessor. No such alteration or addition
shall be undertaken by the Lessee without first obtaining written permission
• from Lessor.
6. It is hereby agreed by and between the Lessee and the Lessor that for good
and valuable consideration, Lessee will be property manager of the premises
and is therefore representative for the Lessor in matters regarding the daily
maintenance, upkeep, repair, control and operation of the Building as set
forth in Exhibit A.
-3-
7. Lessee will not allow the premises to be used for any purpose other than that
hereinbefore specified, and will not sublet the same or any part thereof, nor
assign this Lease, 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 snore than thirty (30) consecutive days; and
will not allow any signs, cards or placards to be posted, or placed thereon
except signs appropriately identifying the Evanston Community Development
Corporation, advertising special events conducted by it and the Evanston
Police Department outpost. All such external signs shall be approved in
advance by the Lessor and shall comply with all applicable City Ordinances.
8. Lessee shall maintain all equipment furnished by Lessor and shall replace any
said equipment damaged or destroyed as the result of Lessee's activities and/or
negligence to keep Building and its equipment in good repair.
9. Lessee will not permit any mechanic's lien or liens to be placed upon the
premises or any building or improvement thereon during the term hereof, and
in case of the filing of any 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 repair to Lessor immediately on rendition of bill
therefore.
10. Lessor shall not be liable for any damage occasioned by failure to keep the
Building in repair, nor for any damage done or occasioned by or from plumbing,
gas, water, sprinkler, steam or other pipes or sewage or the bursting, leaking or
running of any pipes, tank or plumbing fixtures, in above, upon or about the
Building, 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
continguous property.
11. The Lessee agrees to pay all charges for water, electric and gas service used,
rented, or supplied upon or in connection with the premises throughout the
term of this Lease, in addition to the costs described in Paragraph 2 herein.
Lessee, at his own expense, shall provide garbage and refuse containers, and
• the containers and location of same must be approved by Lessor.
12. Lessee shall, during the entire term hereof, keep in full force and effect a
Comprehensive General Liability policy with respect to the leased premises,
and the business operated by the Lessee in the Leased Property, in which bodily
injury limits shall not be less than $ l million aggregate per person and per
-4-
0
accident, and in which the property damage limits shall not be less than
$200,000. The Lessor shall be named as an additional insured in the body of
the Certificate of Insurance.
13. Lessee shall also insure the following indemnity provisions, and such
agreement shall be clearly recited in the body of the Certificate of
Insurance:
"Lessee covenants and agrees that it will protect and save and keep Lessor
forever harmless and indemnified against and from any penalty or damages
or charges imposed for any violation of the laws or ordinances, or as a
result of accidents or other occurrences, whether occasioned by neglect of
Lessor or those holding under Lessee.
In the event of any conflict between the language of the insurance
policy(s) and the above -recited indemnity provisions, the indemnity
provision shall govern.
Lessee shall furnish copies of the Certificate of Insurance with the Lessor
named as an additional insured with an insurance company acceptable to
the Lessor. The Lessee shall furnish, where requested, a certified copy of
the policy(s) to the Lessor. The Policy(s) shall provide, in the event the
insurance should be changed or cancelled, such change or cancellation
shall not be effective until (30) days after the Lessor has received written
notice from the insurance company(s). An insurance company having less
than a B+ Policyholder's Rating by the Alfred M. Best Company will not be
• considered acceptable.
14. Lessee will allow Lessor free access to the premises for the purpose of
examining or exhibiting the 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 for "For Sale" and will
not interfere with the same.
15. If Lessee shall abandon or vacate the premises, or if Lessee's right to
occupy the premises be terminated by Lessor by reason of lessee's breach
of any of the covenants herein, the same may be relet by Lessor for such
rent and upon such terms as Lessor may deem fit; and if a sufficient sum
shall not thus be realized monthly (or quarterly), after paying the expenses
of such reletting and collecting to satisfy the rent hereby reserved, Lessee
agrees to satisfy and pay all deficiency monthly during the remaining
period of this Lease.
• 16. Lessee will, at the termination of Lease by lapse of time or otherwise,
yield up immediate possession to Lessor, and failing to do so, will pay as
liquidation damages, for the whole time such possession is withheld, the
sum of one hundred dollars ($100) per day; but 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 affirmation 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.
-5-
.17. If default be made in the payment of the above rent, or any part thereof, or
in any of the covenants herein contained to be kept by the Lessee, it shall be
lawful for Lessor at any time thereafter at its election, with written thirty
(30) days notice to declare said term ended, and to re-enter the premises, or
any part thereof, with or without process of law, and to remove Lessee, or
any persons occupying the same, without prejudice to any remedies which
inight otherwise be used for arrears of rent, and Lessor shall have at all
• tunes the right to distrain for rent due, and shall have a valid and first lien
tipon all personal property which Lessee now owns, or may hereafter acquire,
or have an interest in, whether exempt by law or not, as security for
payment of the rent herein reserved.
18. There shall not be allowed, kept, or used on the premises any inflammable or
explosive liquids or materials save such as may be necessary for use in the
activities of the Lessee, and in such case, any such substances shall be
delivered and stored in amount, unused, in accordance with rules of the
applicable Board of Underwriters and statutes and ordinances now or
hereafter in force.
19. Lessee shall take all necessary steps on a continuing basis to prevent any
loitering, which may be caused by Lessee's activities, outside the premises
and any activities which would interfere with the peaceful enjoyment of
their premises by residents and/or businesses of the area.
20. As the purchase and subsequent rehabilitation of this structure at 1817
is
Church Street for reuse as a neighborhood center is an eligible activity and
element of the City of Evanston Community Development Flock Grant
(CDHG) Program, authorized by Title I of the Housing and Community
Developent Act of 1974, Lessee agrees to comply with Title VI of the Civil
rights Act of 1967 and the regulations of 24 CFR Part f, which provides that
no person in the United States shall on the basis of race, color, or national
origin be excluded from participating in, be denied the benefit of, or be
otherwise subject to discrimination under any program of activity for which
federal assistance has been extended.
21. in case the premises shall be rendered untenantable by fire, or other casualty
Lessor may, at its option, terminate this Lease, or repair the premises within
one hundred twenty (120) days, and failing so to do, or upon the destruction
of said premises by fire or other casualty, the term hereby created shall
cease.
22. Lessee will pay and discharge all reasonable costs, attorney's fees and
expenses that may be incurred by Lessor in enforcing the covenants and
• agreements of this Lease, arising from Lessee's failure to perform any of its
obligations hereunder, and Lessor will pay and discharge any such costs
incurred by Lessee for failure of Lessor to perform its obligations hereunder,
and this Lease and all covenants and agreements herein contained shall be
binding upon, apply, and inure to their respective heirs, executors,
successors, administrators, and assigns of all parties to this Lease.
-6-
23. E.ither party may terminate this lease upon ninety (90) days written notice
to the other.
•
24. if the Board of Directors of Lessee shall at any time elect to discontinue
the operation of its agency or materially decrease the size thereof, then
Lessee may terminate this Lease upon at least ninety (90) days notice.
25. Lessor hereby grants Lessee, Lessee's employees, licensees and invites, a
license to use the premises (other than the Leased Property) during the
term of this Lease in a manner incidental to the use of the Building,
including the paths, walkways and sidewalks for access to the Building.
Lessee agrees to meet with the Lessor at least seini-annually to determine
the usage of the Building.
In the event the Lessor and Lessee cannot agree on said usage, the
determination of the Lessor shall be final. Lessee and Lessor shall establish
additional procedures necessary for the efficient management of said
building as Lessor shall require.
26. Lessee's liability hereunder shall be enforceable only against Lessee's
assests and not against its officers, directors, employees or members.
27. Wherever in this Lease Lessor's consent or approval is required on any
matter such consent or approval shall be granted or denied nn a reasonable
basis and with reasonable promptness in writing in response to a written
request.
28. Be it agreed that all mutual covenants of this Lease Agreement herein
stated supersede any or all previous Building agreements made between the
Lessor and Lessee.
29. Lessee has the option to re -lease subject premises, at the sole discretion of
the Lessor, for an additional one (1) year term commencing on March 1,
1992 and terminating on February 28, 1993. The rental for each lease term
shall be one dollar ($0. Lessee shall provide Lessor one hundred twenty
(120) days notice of its intent to exercise the aforesaid option. This option
shall automatically be declared null and void and shall have no further
effect whatsoever if not exercised as set forth herein. Further, this option
is contingent upon Lessee maintaining full compliance of the Lease terms.
IN WITNESS THEREOF this Lease had been executed on the date indicated below.
LESSOR: CITY OF EVANSTON LESSEE: EVANSTON COMMUNITY
DEVELOPMENT CORP.
BY:
TITLE:
DATE:
BY:
TITLE:
DATE:
-7-
APPENDIX A
THE FOLLOWING LIST CONSTITUTES THE NORMAL MAINTENANCE EXPENSES TO BE
INCURRED AND EXPENDED BY THE EVANSTON COMMUNITY DEVELOPMENT
CORPORATION FOR SAID PREMISES AT 1817 CHURCH STREET, EVANSTON, ILLINOIS.
1. Commonwealth Edison
Account #A006-EA-1135-A
2. City of Evanston Water Services
3. Northern Illinois Gas
• Account #1300121637
4. Active Service Company
Evanston, Illinois
13Y10
•
X�fiBIT A
•
FLOOR PLAN LAYOUT
1017 GHURCH STREET
.2ND FLOOR LAYOUT
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EFP - Evanston Foot Patrol
C - Cos won Area
ECDC- Evanston Community
Development Corp.
(designated by
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—7
. _..3 1/C1
EXHIBIT A
• BUILDING MANAGEMENT CONTRACT
FOR PROPERTY LOCATED AT
1817 CHURCH STREET
EVANSTON, ILLINOIS
It is hereby agreed by and between the City of Evanston (hereinafter EVANSTON) and the
Evanston Community Development Corporation (hereinafter ECDC) that for good and
valuable consideration ECDC will be property manager of the premises located at 1817
Church Street, Evanston, Illinois.
The parties hereto mutually covenant and agree for good and valuable consideration upon
the following terms and conditions:
1. ECDC shall be the property manager of the premises located at 1817 Church Street
and is therefore the representative for the City of Evanston in matters regarding the
daily maintenance, upkeep, repair, control and operation of said building (specifically
outlined in Lease).
2. ECDC shall assure that the building is locked and secured at all exits and windows
whenever the building is not officially open and shall notify EVANSTON whenever
there is damage to any lock, door and/or window.
3. ECDC shall assure that both the building and grounds are free from litter and debris,
• and are kept in a clean and attractive condition, appropriate for a community center
open to the public and maintained as a,civic service.
4. ECDC as the property management agent shall be responsible for the financial
management of said property and shall maintain the necessary journals, log receipts,
vouchers for payments, as well as a separate building account to be used only for its
activities, receipts, payments and deposits under this agreement at designated
Evanston financial institutions. ECDC shall be authorized to pay those expenditures
deemed normal maintenance as outlined in APPENDIX A which is attached to this
contract and incorporated herein, and those determined to be an emergency.
5. ECDC shall collect the rents from all nonprofit tenants on the first weekday of each
month, shall deposit said sums in a mutually agreed upon account, shall issue
receipts, shall notify EVANSTON that said sums were deposited and shall maintain
records of the sum collected and transmitted, which shall become part of the
quarterly summary of activities and which shall be submitted to and reviewed by the
Community Development staff.
6. ECDC shall also secure from all nonprofit tenants a quarterly activity and service
report which summarizes each tenant's activities for said period, and shall submit
said summaries as part of a quarterly report to be submitted to and reviewed by the
Community Development Staff.
7. ECDC shall obtain bids and select a janitorial service, subject to review and approval
of its recommendation by EVANSTON, ECDC shall be a party to the contract and
shall oversee the performance of said services, assure that the janitorial services are
performed as contracted, and shall notify EVANSTON of any failure in performance
• of contracted -for -services.
• 8. ECDC shall not assume, incur nor obligate the City or the property for expenditures
over the available assets and shall maintain accurate records of all expenditures,
which shall be available for review on demand by the Community Development staff.
•
9. ECDC shall take all reasonable steps to assure that tenants and public clientele, in
their activities in and about the premises, do not disturb the peace or otherwise
constitute a nuisance to the immediate community.
10. ECDC shall be responsible for determining the need for emergency and on -going
repairs and shall promptly correct said conditions and notify EVANSTON of said
activity in the next quarterly report submitted to the Community Development staff.
This contract shall be for a term of twelve (12) months effective March 1, 1991.
12. Upon ninety (90) days written notice, (which explains reasons for said actions) this
contract may be terminated by either party.
13. ECDC and EVANSTON shall establish additional procedures necessary for the
efficient management of said building as EVANSTON shall require.
14. ECDC shall review semi-annually the structural condition of the building and
recommend the appropriate actions to the Community Development staff for review.
15. ECDC shall allow the records and all appropriate receipts, journals, financial
statements to be audited at least once a year, and more often if requested by
EVANSTON, by the appropriate authorized personnel.
BY:
CITY OF EVANSTON
Bruce J. Zimmerman
Acting City Manager
ATTEST:
DATE:
EVANSTON COMMUNITY
DEVELOPMENT CORPORATION
L*.W
TITLE:
ATTEST:
DATE:
• 0013Y/8-9