HomeMy WebLinkAboutRESOLUTIONS-1992-014-R-9214-R-92
A RESOLUTION
Authorizing the City ,'Manager
to Enter into a Lease Agreement
with the
Evanston Community Development Corporation (ECDC)
for the
Rental and Management 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, AS FOLLOWS
•, Section l: The City Manager of the City of Evanston is hereby
authorized and directed to negotiate and enter into a lease
agreement by and on behalf of the City of Evanston as lessor
and the Evanston Community Development Corporation as
lessee for the rental and management 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, all 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 the Church Street right-of-way and one door which opens onto the
first east -west alley north of Church Street.
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Section 2: This Resolution shall be in full force and effect from and
after the date of its passage and approval.
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ATTEST:
City Jerk
ADOPTED: , 1992
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LEASE
*ATE OF LEASE: TERM OF LEASE:
TERM OF RENT:
MONTH -TO -MONTH $1.00 total for entire period
(Not to exceed beyond
August 30, 1992)
LOCATION OF BUILDING AND PREMISES: 1817 Church Street, Evanston, Illinois the
"premises" 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/Dodge 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
• Name: Evanston Community
Development Corporation
(ECDC)
Address: 1817 Church Street
Evanston, Illinois 60201
LESSOR
Name: City of Evanston, Illinois
a municipal corporation
Address: 2100 Ridge Avenue
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.
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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 demised premises, to all fixtures located
therein and the items listed in Category A.
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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,
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the Lessor may but need not make such maintenance or repair and pay the cost
• 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, forseen, 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.
CATEGORY B
Plumbing,
1. Sewer from street to main building
2. All supply and waste pipes
Electrical
1. Main services lines
2. Main electrical panel
3. Distribution panel
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Heating
• 1.
Feed pump
2.
Circulating pump
3.
Supply return pipes
4.
Expansion tanks
5.
Radiators
6.
Valves
7.
Traps
Structural
1.
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 1, 1992
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 demised
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 foresaid.
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.
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• 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.
7. Lessee will not allow the premises to be used for any purpose other than that
hereinbefore specified, all of which must be Community Development Block
Grant -eligible, 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 more 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.
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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.
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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 contiguous 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 $1 million aggregate per person and per 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.
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• 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 a certified copy of the policy(s) to the Lessor prior to the execution of
this Lease. 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 reentry 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.
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• 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 reenter 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 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, 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 Church Street
for reuse as a neighborhood center is an eligible activity and element of the City of
Evanston Community Development Block Grant (CDBG) Program, authorized by Title I
of the Housing and Community Development Act of 1974, Lessee agrees to comply
with Title VI of the Civil Rights Act of 1967 and the regulations of 24 CFR Part I,
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.
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• 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.
23. Either party may terminate this lease upon thirty (30) 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 thirty (30) 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
semiannually 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.
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26. Lessee's liability hereunder shall be enforceable only against Lessee's assets 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 on 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
supercede any or all previous Building agreements made between the Lessor and Lessee.
29. The rental for the lease term shall be one dollar ($0, payable to the City of Evanston
at the time the lease is executed.
IN WITNESS THEREOF this Lease had been executed on the date indicated below.
LESSOR: CITY OF EVANSTON LESSEE: EVANSTON COMMUNITY
DEVELOPMENT CORP.
epY: BY:
TITLE: TITLE:
DATE: DATE:
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• EXHIBIT A
BUILDING MANAGEMENT CONTRACT
FOR PROPERTY LOCATED AT
18I7 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.
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 (see #13).
5. 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.
6. 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 City :Manager's Office.
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7. ECDC shall take all reasonable steps to assure that public clientele, in their activities in
and about the premises, do not disturb the peace or otherwise constitute a nuisance to the
immediate community.
8. ECDC shall be responsible for determining the need for emergency and on -going repairs and
shall promptly correct said conditions and notify the EVANSTON City Manager's Office of
said activity within 24 hours.
9. This contract shall be for a month -to -month term not to exceed six (6) months effective
March 1, 1992.
10. Upon thirty (30) days written notice, (which explains reasons for said actions) this contract
may be terminated by either party.
11. ECDC and EVANSTON shall establish additional procedures necessary for the efficient
management of said building as EVANSTON shall require.
12. ECDC shall allow the records and all appropriate receipts, journals, financial statements to
be audited at the termination of this agreement by the City of EVANSTON.
13. 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. These include:
A. Commonwealth Edison, Account #A006-EA-1135-A
B. City of Evanston Water Services
C. Northern Illinois Gas, Account #1300121637
• D. Active Service Company, Evanston, Illinois
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FLOOR PLAN LAYOUT
1817 CHURCH STREET
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