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HomeMy WebLinkAboutRESOLUTIONS-1992-017-R-923/4/92 17-R-92 A RESOLUTION Authorizing the City Manager to Execute an Agreement with Church Street Associates for the Lease of Space at 1600 Orrington Avenue for Use as an Interim Location for the Main Public Library WHEREAS, the City of Evanston Main Public Library at 1703 Orrington Avenue will be razed and replaced with a new structure to better serve the community; and WHEREAS, construction, scheduled to begin in 1992, necessitates relocation of the Main Library's volumes, activities, and operations to a facility which will allow for a high level of service to be provided during construction; and • WHEREAS, a portion of the Fountain Square Building, 1600 Orrington Avenue, has been identified as an acceptable location for the Main Library during construction; and WHEREAS, Church Street Associates, the owner of the Fountain Square Building, is desirous of leasing same to the City as an interim Main Library location, 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 execute the Lease Agreement between the City and Church Street Associates for the lease of space at 1600 Orrington Avenue for use as an interim location for the Main Public Library while a new Library building is constructed. Said Lease Agreement shall be in substantial 17-R-92 • conformity with the Lease Agreement marked as Exhibit A, attached hereto and incorporated herein by reference. SECTION 2: This Resolution shall be in full force and effect from and after the date of its passage and approval in the manner provided by law. Mayor ATTEST: City Clerk Adopted: i Az, t-`( / , 1992 U 0 2 EXHIBIT A • 0 LEASE AGREEMENT This Lease is entered into as of this day of March, 1992, by and between CHURCH STREET ASSOCIATES, an Illinois Partnership, ("Landlord") and the City of Evanston, an Illinois municipal corporation ("Tenant"). WHEREAS, Landlord is the owner of certain real estate, legally described in Exhibit A, attached hereto, consisting of land and other improvements located at and known as the FOUNTAIN SQUARE BUILDING, 1600 Orrington Avenue, Evanston,Illinois 60201 (the "Building"); and WHEREAS, the Tenant desires to lease from the Landlord a portion of the first floor and the entire second, third, and fourth floors of the Building, totalling together approximately 22,350 square feet, and a specified area of approximately 1,884 square feet in the basement (collectively referred to as the "Premises"), and NOW, THEREFORE, in the mutual promises and other good and valuable sufficiency of which are agree as follows: 1. PREMISES. The leases from Landlord the described in Exhibit B, consideration of the above recitation and agreements contained in this Lease and consideration, the receipt and hereby acknowledged, Landlord and Tenant Landlord leases to Tenant and Tenant Premises which are more particularly attached hereto. 2. PURPOSE OF LEASE. The City of Evanston Main Public Library, 1703 Orrington Avenue, Evanston, Illinois will be razed and replaced with a new structure to better serve the residents of Evanston. Construction, scheduled to begin in 1992, necessitates relocation of the Main Library's volumes, activities, and operations to a facility which will allow for a high level of service to be provided during construction. It is essential that the interim location, i.e., these Premises, be available to, and usable by, the City during the entire time of construction, for a sufficient time prior to the beginning to allow for the moving -in process, and for a sufficient time thereafter to allow for the orderly removal to the newly constructed Library Building. Construction is scheduled to be completed during the month of October, 1994. Landlord recognizes the importance of the Library's maintaining uninterrupted service and the difficulty of predicting an exact Lease expiration date, and agrees to extend this Lease, as provided for in paragraph 3, should extension(s) be required. 3. TERM. a) This Lease shall be for a term of two and one-half (2 1/2) years, commencing on the first day of July, 1992 1 • ("the commencement date") and shall expire on December 31, 1994 ("the expiration date") except as sooner terminated or extended, as provided for herein. If for any reason, Landlord shall fail to deliver possession on the commencement date, Tenant's obligation under this Lease shall not commence until the Premises are available for occupancy, but the term of the Lease shall not be extended, except at Tenant's option. At Tenant's option, Tenant may treat a substantial delay in Landlord's giving of possession as a breach of Lease. Tenant's consultants and contractors shall be permitted access, as needed, to the Premises prior to the commencement date for purposes related to the impending occupancy, such as planning and testing. Tenant will do no construction prior to the commencement date. b) Tenant shall have an option to extend the term of the Lease upon the same terms and conditions, on a month -to -month basis, for so many months as are necessary to fulfil the purpose of this Lease as set forth in paragraph 2. The option shall be exercised by the giving of written notice to Landlord on or before the fifteenth day (15th) of the preceding month. c) At any time after two (2) years, Tenant may, upon ninety (90) days, written notice to Landlord, and payment of one- half (1/2) of the rent for the term remaining, cancel the remainder of the Lease. Upon such early termination, all obligations of Tenant to pay rent hereunder are'at an end. • 4. RENT. a) The Tenant shall pay to the Landlord rent of twenty eight thousand dollars ($28,000.00) per month during the term of this Lease, payable in advance on the first day of each month. b) Tenant agrees to pay rent to Church Street Associates as payee at 1012 Church Street, Evanston, Illinois 60201, or to such other payee or address as may be specified by Landlord by written notice to Tenant. c) In the event that more than twelve (12) monthly extensions of this Lease are made pursuant to paragraph 3(b), the monthly rent for each subsequent extension will increase to thirty thousand eight hundred dollars ($30,800.00). 5. TAXES. Tenant shall pay as additional rent for the Premises its pro rata share of any increase in real estate taxes and assessments, of every kind and nature whatsoever, which may be levied, assessed, or imposed upon the Premises, or any part thereof, or upon any improvements situated thereon, accruing during the term of this Lease over the base year, 1991. 6. BUILDING SERVICES. Landlord shall provide, at its sole expense, the following services, the costs of which are included in rent: E E • a) Cooled or heated air, in season, to maintain a year - around temperature of 72 degrees Fahrenheit to 76 degrees Fahrenheit from 8:00 am to 10:00 pm Mondays through Thursdays, 8:00 am to 8:00 pm on Fridays, 8:00 am to 7:00 pm on Saturdays, and 12:00 pm to 6:00 pm on Sundays, with exception of New Year's Day, Easter Sunday, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. C] • b) Cold water for drinking, lavatory, and toilet purposes drawn through fixtures installed by Landlord, or by Tenant with Landlord's written consent, which consent shall not be unreasonably withheld or delayed, and hot water for lavatory purposes drawn from the regular Building supply at the prevailing temperatures. c) Janitor service in and about the Premises, to the specifications listed in Exhibit C, only holidays excepted. Janitor services shall be performed during hours the Library is not open to the public. Exterior window -washing shall be furnished periodically, no less often than once each Spring and Fall. d) Passenger elevator service in common with Landlord and other tenants, daily from one hour before to two hours after Tenant's daily hours of operation, holidays excepted. Landlord, however, shall provide limited passenger service daily at all times such normal passenger service is not furnished. Operator - less automatic elevator service shall be deemed "elevator service" within the meaning of this paragraph. e) Electric wiring system in the Premises connected with the source of alternating current for the Building. To the extent the electrical current consumed relative to the Premises is separately metered, Tenant shall pay for all such electrical current consumed by it, directly to the utility company supplying said service. f) Tenant acknowledges that it shall be responsible for making arrangements for, and shall pay the cost of, the installation, repair, and maintenance of its own telephone system. g) Scavenger service, snow removal, and all similar services generally provided to Buildings and Premises of comparable types. h) Access to the Building's loading dock and freight elevator to meet Tenant's needs. i) The Building is equipped with a fire alarm system. Landlord shall retain said system and maintain it in working order and in compliance with applicable code requirements. 3 • j) Access to the business hours, specified in Building shall be accessible four (24) hours a day. Building during the Library's normal Exhibit D and attached 'hereto. The to Library and City staff twenty- k) Landlord shall, upon notice from Tenant, commence within twenty-four hours (24) the cure of defects in services which materially affect the use of the Premises as a Library and/or the comfort of its employees and patrons. Landlord shall complete said cure as expeditiously as possible. In the event Landlord 1) fails to commence a cure within twenty-four hours (24) of notice thereof, and/or 2) fails to expeditiously complete said cure, Tenant may effect a cure. Landlord shall promptly reimburse Tenant for all costs and expenses associated with said cure. If Landlord fails to make prompt reimbursement, Tenant may offset said costs and expenses from rent. 1) Upon vacation of the Building by Carmen's Restaurant, the Evanston Health Department will inspect the Premises for roaches and vermin. Landlord will, at its sole expense, perform any and all needed extermination, to the satisfaction of the Evanston Health Department, prior to the commencement date. During the term of the Lease, Tenant, at its sole expense, shall provide extermination services to the Premises. • 7. INSURANCE a) Property Insurance. At all times during the term of this Lease, the Tenant shall retain, at its expense, a standard all-risk insurance policy covering the Premises against damage by fire and other occurrences covered by such all-risk insurance, in the amount of the full insurable replacement value and naming Landlord's mortgagee and all parties in interest as additional insureds. The Landlord and other tenants of the facility shall maintain, at their expense, insurance on personal property not owned or controlled by the Tenant. b) Liability Insurance. Tenant, as a self -insured entity, shall provide Landlord with a Certificate of Self - Insurance naming Landlord's mortgagee and all parties in interest as additional insureds. (c) Release and Indemnification. The Tenant shall indemnify and save harmless the Landlord against any and all damages to property or injury to or death of any person or persons, including property and employees, and shall defend, indemnify and save harmless the Landlord from any and all claims, demands, suits, actions or proceedings in any way arising out of, or resulting from, the negligence of the Tenant. (d) Landlord shall indemnify and save harmless the 4 0 . Tenant against any and all damages to property, or injury to or death of, any person or persons, including property and employees, and shall defend, indemnify and save harmless the Tenant from any and all claims, demands, suits, actions or proceedings in any way arising out of, or resulting from, the negligence of the Landlord. 8. CONDITION OF PREMISES: LANDLORD REPAIRS. Landlord shall maintain the Building in compliance with all applicable codes. Landlord shall at its expense, maintain in good repair, reasonable wear and tear excepted, all structural elements of the Building including the roof and foundation, and all building systems, including elevator(s), plumbing, and heating, ventilating, and air-conditioning system(s). Landlord shall maintain structural soundness and water -and air -tightness of the exterior walls, and parking areas and driveways. Landlord shall perform all maintenance and repairs promptly, in a workmanlike manner, and in compliance with applicable codes. 9. ASBESTOS REMOVAL. a) Landlord warrants and represents that any asbestos -containing materials (hereinafter "ACM") wherever located on OR IN the Premises, including, but not limited to, the walls, ceilings, structural steel and pipes of the Premises and the Lobby shall be removed or encapsulated in full prior to the Commencement Date. (b) Tenant shall be entitled to reimbursement from Landlord • of all damages arising out of Landlord's breach of the asbestos warranty and representations contained herein. In addition, in the event that Tenant vacates the Premises as a result of the discovery of ACM in the Premises, Tenant shall receive an abatement of all rental payments due under the Lease from the date on which Landlord is notified that ACM has been discovered in the Premises through the date that the removal of ACM and restoration of the Premises are complete. 10. TENANT REPAIRS. Tenant, at its sole cost, shall make all non-structural and non -Building system repairs within the Premises. 11. ASSIGNMENT AND SUBLETTING. Tenant shall not be permitted to assign or sublet this Lease Agreement without the prior written consent of Landlord, except that no such prior consent is required should Tenant desire to utilize the Premises for a municipal use other than a Library. Any written consent sought by Tenant pursuant to this paragraph shall not be unreasonably withheld by Landlord. Upon assignment or sublease of this Lease, and assumption of the obligations hereunder by assignee or sublessee, Tenant may request a release from its obligations under this Lease, such consent not to be unreasonably withheld by Landlord. 5 0 • 12. USE OF PREMISES. At no time during the term of this Lease may Tenant use the Premises for an unlawful purpose. 13. LANDLORD'S ACCESS TO PREMISES. Landlord shall be entitled at all reasonable times during the Lease term to enter upon the Premises upon reasonable prior notice to the Tenant for any of the following purposes, without any abatement of rent: to inspect the Premises; to show the Premises to prospective mortgagees, and tenants, to repair the Premises during or outside of normal business hours, provided the Tenant's business shall not be interfered with unreasonably; and, if Tenant has failed to maintain and repair the Premises as agreed to in Paragraph 10, after a thirty-(30) day written notice to Tenant. 14. ADDITIONS AND ALTERATIONS TO PREMISES. a) Within forty-five (45) days of execution of this Lease, Tenant shall arrange for a professional engineer to perform such tests and calculations necessary to certify that the floor loading on all floors of the Premises is at least one hundred fifty (150) pounds per square foot. If the floor loading is not one hundred fifty (150) pounds per square foot, Tenant may cancel this Lease, with all obligations of Tenant hereunder at an end. b) Landlord, at its sole expense, prior to the commencement date, shall remove all restaurant fixtures from the Premises. c) All Tenant Buildout Work shall be in accordance with all applicable codes, orders, rules, and regulations of all appropriate government agencies. d) Tenant agrees to obtain all necessary permits and licenses required for any such Tenant Buildout Work. Landlord, without cost or expense to itself, agrees to cooperate with Tenant in securing building and other permits or authorizations necessary from time to time for the performance of such Tenant Buildout Work. e) Prior to the commencement of any Tenant Buildout Work, the Tenant, without cost to Landlord, shall obtain worker's compensation and property insurance. f) 1) Tenant, with Landlord's prior written consent, may make any and all interior alterations of the Premises so as to render the Premises, in Tenant's sole judgment, suitable for use as the City's Main Library. Tenant shall pay all costs and expenses associated with such alterations. Landlord shall cooperate with Tenant to provide for such passage of persons, equipment, and materials into and out of the Building as necessary to effectuate said alterations and the efficient move of books and equipment into and out of the Premises. 21 • • 2) Tenant shall submit Buildout plans to Landlord prior to commencing any Buildout work. Buildout work shall be conducted in substantial compliance with such plans. Tenant agrees to pay the cost of any Tenant Buildout Work so that the Premises shall at all times be free of liens for labor and/or materials supplied. g) Tenant may, at its own expense, install such security systems, alarms, or devices ("security systems") in, on, or about the Premises or in or about the Lobby as may be deemed necessary by Tenant to provide for the safety and protection of Library users, employees, and property during and after business hours. Any licenses, permits, fees, and operating expenses of said security systems shall be Tenant's sole responsibility. At the expiration of this Lease, said security systems shall be the property of Tenant. h) Tenant may, at its own expense, install such signs in and/or on the Premises, as well as in the Lobby and on the exterior of the Building, to indicate the presence and location of its Main Library. At the request of Landlord, Tenant shall remove all such signs at its own expense at the expiration of this Lease. 15. DAMAGE OR DESTRUCTION OF PREMISES. In the event the Building, improvements or the Premises shall be damaged or • destroyed by fire or any other casualty, so as to become partially or totally untenantable, including any casualty for which insurance coverage was not obtained or obtainable, Landlord shall have the option to terminate this Lease by delivering written notice to Tenant within forty-five (45) days after such destruction. If not terminated, the Landlord shall proceed with all reasonable diligence to repair or rebuild the Building and/or improvements or Premises as nearly as possible to the value, condition and character immediately prior to such damage or destruction, subject to such regulation or such changes or. alterations as may be required by applicable ordinances, codes or regulations or such changes or alterations as the Tenant may elect, subject to the Landlord's approval, which will not be unreasonably withheld. In the event Landlord fails to commence the work of repair, reconstruction, and replacement within sixty (60) days after such total destruction, Tenant may, at its option, terminate the Lease by notice in writing to Landlord. If Tenant does not elect to terminate, Tenant may repair, reconstruct and replace and shall have the right to receive all insurance proceeds payable on account of the damage or destruction and to apply such proceeds to the cost of repairs and reconstruction. All insurance proceeds paid to the Landlord on account of such damage or destruction under the policies of insurance provided in paragraph 7 hereof, less the cost, if any, incurred in the adjustment of the loss and the collection 7 0 • thereof, shall be applied to the payment of the repairs and restoration to the extent necessary, and shall be paid out to or for the account of the Tenant from time to time as the work progresses. If the Premises are not suitable for the City's Main Library, as determined in Tenant's sole judgment, rent shall abate, as of the date of the casualty, and shall resume, if at all, only when Tenant determines such use may begin again. 16. SURRENDER. At the termination of this Lease, by lapse of time or otherwise, Tenant shall surrender possession of the Premises to Landlord and deliver all keys to the Premises and all locks therein to Landlord and make known to the Landlord the combination of any locks in the Premises, and shall return the Premises and all equipment and fixtures of the Landlord therein to Landlord in broom -clean condition, ordinary wear and tear excepted and loss by fire or other casualty covered by insurance excepted. It is expressly agreed that since Tenant will make extensive alterations to the Premises so as to render them suitable for use as the City's Main Library, that Tenant is not obligated to restore the Premises to the condition in which they were at the commencement date. Upon termination of this Lease, by lapse of time or otherwise, Tenant may remove all furniture, equipment, including computer equipment and cabling, light fixtures installed by Tenant, security and theft detection systems, book and library shelving of every sort, and trade fixtures belonging to Tenant. All permanent installations, additions, partitions, hardware, floor covering, non -trade fixtures, and improvements, in or upon the Premises, shall be • Landlord's property and shall remain upon the Premises, without compensation, allowance, or credit to Tenant. 17. COMMISSION. Landlord hereby agrees to pay commission to Martin Stern of U.S. Equities Realty, Inc. in the amount of seven percent (70) of the first year's rent due under paragraph 4, and at the rate of two percent (2%) for the remaining term of the Lease. The commission shall be due and payable on the commencement date. If not timely paid, Tenant shall pay the commission and offset same against rent amounts due. Landlord agrees to indemnify Martin Stern and U.S. Equities against any claims by other brokers. Landlord represents and warrants that it has dealt with no other brokers except as expressly stated herein. 18. EMINENT DOMAIN. a) In the event that the whole or a substantial part of the Premises shall be condemned or taken in any manner for any public or quasi -public use (or sold under threat of such taking), and as a result thereof, the Premises cannot be used for the same purpose as prior to such taking, the Term shall terminate as of the date possession is taken. b) If less than a substantial part of the Premises shall be so condemned or taken (or sold under threat thereof) and 8 0 • after such taking the Premises can be used for the same purposes as prior thereto, the Lease Term shall cease only on the part so taken as of the date possession shall be taken by such authority, and Tenant shall pay full Rent up to that date (with appropriate refund by Landlord of such Rent as may have been paid in advance for any period subsequent to the date possession is taken) and thereafter, the Rent and any additions thereto shall be equitably adjusted to reflect the reduction in the Premises by reason of such taking. Landlord shall, at its expense, make all necessary repairs or alterations to the Building so as to constitute the remaining premises a complete architectural unit, provided that Landlord shall not be obligated to undertake any such repairs and alterations if the cost thereof exceeds the award resulting from the taking. • 0 c) If Landlord elects to restore the Premises, Landlord shall present the plans for such restoration to Tenant within forty-five (45) days prior to the scheduled date of taking. If, in Tenant's sole judgment, Landlord cannot restore the Premises in a manner sufficient to permit use thereof by Tenant in substantially the same manner as prior to such taking, Tenant shall have the right to terminate this Lease by notice to Landlord within thirty (30) days after Landlord notifies Tenant of the manner in which the Premises will be restored. d) In the event the paragraphs 18(a), (b), or (c), hereunder shall be at an end as rent shall be prorated to that Lease terminates pursuant to all obligations of Tenant of the date of taking and monthly date. 19. QUIET ENJOYMENT. Landlord represents that it has full power and authority to enter into this Lease. So long as Tenant is not in default in the performance of its covenants and agreements in this Lease, Tenant's quiet and peaceable enjoyment of the Premises shall not be disturbed or interfered with by Landlord or by any person claiming by, through, or under Landlord. 20. SUBORDINATION. If the mortgagee or trustee named in any mortgage or trust deed hereafter made ("Mortgage") shall agree that, if it becomes the owner of the Property by foreclosure or deed in lieu of foreclosure, it will recognize the rights and interests of Tenant under the Lease and not disturb Tenant's use and occupancy of the Premises if and so long as Tenant is not in default under the Lease (which agreement Tenant and mortgagee shall attorn to each other), then all or a portion of the rights and interests of Tenant under this Lease shall be subject and subordinate to such mortgage or trust deed and to any and all advances to be made thereunder, and to the interest thereon, and all renewals, replacements and extensions thereof. Tenant agrees that it will, within ten (10) days after demand in writing, execute and deliver whatsoever instruments may be E • required, to make the Lease subject and subordinate to such a mortgage or trust deed. Tenant agrees to give any Mortgagee, by registered mail, a copy of any notice of default served upon the Landlord, provided that prior to such notice Tenant has been notified in writing (by way of Notice of Assignment of Rents and Leases, or otherwise), of the address of such Mortgagee. Tenant further agrees that if Landlord shall have failed to cure such default within the time provided for in this Lease, then, the Mortgagee shall have an additional thirty (30) days within which to cure such default or if such default cannot be cured within that time, then such additional time as may be necessary to cure such default shall be granted, if, within thirty (30) days, Mortgagee has commenced and is diligently pursuing the remedies necessary to cure such default (including, but not limited to, commencement of foreclosure proceedings, if necessary to effect such cure), in which event this Lease shall be not terminated while such remedies are being so diligently pursued. 21. TENANT'S RIGHTS AND REMEDIES. a) Landlord shall be in default for failure to observe any of these covenants, conditions, agreements, and warranties, herein to be kept, observed, performed, and/or made by Landlord, when such default shall continue for ten (10) days after written notice thereof from Tenant to Landlord. b) Except for the twenty-four (24) hour period provided for in paragraph 6(k), Landlord is obligated to commence, within ten (10) days from notice from Tenant thereof, • the cure of those defaults which can be cured. c) If a Default occurs, Tenant shall have the following rights and remedies, which shall be distinct, separate and cumulative, which may be exercised by Tenant currently or consecutively in any combination and which shall not operate to exclude or deprive Tenant of any other right or remedy allowed it hereunder by law: 1) Tenant may terminate this Lease by giving to Landlord notice of Tenant's intention so to do, in which event the Term shall end, and the right, title and interest of Tenant hereunder shall expire, as well as all obligations of Tenant hereunder, on the date stated in such notice; 2) Tenant may enforce the provisions of this Lease and may enforce and protect the rights of Tenant hereunder by a suit or suits in equity or at law for the specific performance of any covenant, agreement or warranty contained herein, or the enforcement of any other appropriate legal or equitable remedy. 22. LANDLORD'S RIGHTS AND REMEDIES. Tenant shall be in default if: 10 • a) Tenant shall abandon the Premises or vacate the same during the Term hereof; or b) Tenant shall default in any payments of Rent required to be made by Tenant hereunder when due as herein provided and such default shall continue for ten (10) days after notice thereof in writing to Tenant; or c) Tenant shall default in securing insurance or in providing evidence of insurance provided for in this Lease and such default shall continue for thirty (30) days after notice thereof in writing to Tenant; or d) Tenant shall default in any of the other covenants and agreements herein contained to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant; or e)1) Tenant shall repeatedly be late in the payment of Rent required to be paid hereunder or shall repeatedly default in the keeping, observing, or performing of any other covenants or agreements herein contained to be kept, observed or performed by Tenant (provided written notice of such repeated late payments other defaults shall have been given to Tenant. For purposes of this paragraph, an event is "repeated" if it occurs three or more times. • 2) Landlord may, but shall not be obligated to, cure any default by Tenant, specifically including, but not by limitation, Tenant's failure to obtain insurance, make repairs, or satisfy lien claims, after written notice to Tenant of such default(s), and an appropriate opportunity to cure having been given to Tenant. Tenant shall promptly reimburse Landlord for any cure(s) made by Landlord pursuant to this paragraph. f) For purposes of this paragraph 22, Tenant shall not be deemed to be in default if it exercises its right of offset, or abatement pursuant to paragraphs 6(k), 9, 17, and as may otherwise be provided for in this Lease. 23. SHORT -FORM LEASE. This Lease shall not be recorded, but Landlord and Tenant, agree, at the request of either of them, to execute a Short -Form Lease for recording, containing the names of the parties, the legal description, and the Term of the Lease. 24. MISCELLANEOUS PROVISIONS. All the covenants of Tenant and Landlord hereunder shall be deemed and construed to be "conditions" as well as "covenants" as though the words specifically expressing or importing covenants and conditions were used in each separate instance. Time is of the essence of this Lease, and all provisions relating thereto shall be strictly construed. Nothing contained herein shall be deemed or construed 11 • • by the parties hereto, nor by any third party, as creating the relationship of principal/agent, or of partnership, or of joint venture by the parties hereto, it being understood and agreed that no provision contained in this Lease nor any acts of the parties hereto shall be deemed to create any relationship other than the relationship of Landlord and Tenant. If any term or provision of this Lease shall to any extent be held invalid or unenforceable, the remaining terms and conditions of this Lease shall not be affected thereby, but each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. The language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for nor against either Landlord or Tenant. Paragraph and subparagraph headings in this Lease are for convenience only and are not to be construed as part of this Lease or in any way as defining, limiting, amplifying, construing, or describing the provisions hereof. The words "Landlord" and "Tenant", as herein used, shall include the plural as well as the singular. The neuter gender includes the masculine and feminine. 25. NOTICES. All notices shall be given, and demands made in, writing, sent by regular or certified mail, personally .delivered, or delivered by courier, effective as of the date of receipt. For notices sent by regular mail, notice shall be deemed to be received on the third business day after deposit in the U.S. Mail. Notice shall be effective if received by either person designated by Landlord or Tenant to receive notice. • Notices to the Landlord shall be to: Church Street Associates Attention: Jose Venzor 1012 Church Street Evanston, IL 60201 and to: Walter M. Eisin, Jr. Attorney at Law 3607 N. Wilton Avenue Chicago, IL 60613 Notices to the Tenant shall be given to: City Manager City -of Evanston Civic Center 2100 Ridge Avenue Evanston, IL 60201 and to: • 0WA • Director of Building Operations City of Evanston Civic Center 2100 Ridge Avenue Evanston, IL 60201 Either Landlord or Tenant may change the address and/or person(s) to whom notices are to be given by sending notice of such change to the other party in accordance with this paragraph 25. 26. �-aMERICANS WITH DISABILITIES ACT Landlord shall assure that, as of the commencement date of this Lease, all public areas of the Building, except those under exclusive control of Tenant, i.e., the Premises, are in compliance with the Americans with Disabilities Act, 42 USC sec. 12101, et. seq. 27. LEASE AS ENTIRE AGREEMENT. a) This Lease contains the entire agreement between the parties and supersedes any prior or contemporaneous representations, understandings.or agreement not specifically contained in this Lease, the Assumption Agreement, or any of the documents referred to therein. (b) This Lease may be modified only upon execution of written amendments by all parties, it being understood and agreed that any oral modifications or amendments shall be unenforceable regardless of any reliance thereon by either party. • 28. LANDLORD MEANS "OWNER". The term "Landlord" as used in this Lease, so far as covenants or obligations on the part of the Landlord are concerned, shall mean and include not only the owner or owners of the Premises and the Building at the date of execution of this Lease, but also, in the event of any transfer or transfers of title thereto, subsequent owner(s) or transferee(s). All obligations imposed upon the Landlord by this Lease shall survive such a transfer. 29. This Lease shall be construed under the laws of the State of Illinois. In Witness Whereof, the parties hereto have caused this Lease to be executed on the date first above written. Landlord Church Street Associates By Jose Venzor Sole General Partner 13 • STATE OF ILLINOIS ) ) SS: COUNTY OF COOK ) I, , a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Jose Venzor, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he is the Sole General Partner of Church Street Associates and that he signed and delivered the said instrument as his free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 1992. Tenant City of Evanston • By its City Manager Attest Kirsten F. Davis City Clerk U 14 Notary Public • EXHIBIT A Legal Description • 15 E • EXHIBIT B The Premises Lease dated March , 1992, by and between Church Street Associates, an Illinois Partnership, and the City of Evanston, an Illinois Municipal Corporation. The Premises, in total, including a proportionate amount of the Building common space, are approximately 24,234 square feet in area, and consist of: 1. The ground floor, except for the lobby and that area now occupied by "Now Playing" d/b/a Comic Relief". 2. The entire second floor; 3. The entire third floor; 4. The entire fourth Floor; • 5. Approximately 1,884 square feet of space in the basement located under the former Carmen's Restaurant. 16 • 31° 456 0304 C.S. EQUITIES J002/003 0 3 0 :i 9 � 1 �i : � 0 'b' F_3-12-'92 1A::5 ID:EUPNSTON F�PL'C LId T:L NO:1-312-8Eo-0.�17 .; Pagei-7 of PUBLIC LIBRARY - XAIN 3RAN CH SC2 Contractor to furnish custodial services to the ;venston Public Library. 1703 Orrington, Lvanston, Illinois. Such services will be performed at a frequency as outlined below. Area■ of the Main Library to the excluded are shown an the attached floor plans (sea attachments 01. 02, 03). HOURS AND DAYS FOR PBRfORXANCE OF SIR710ES All services are to be performed six (6) days Per week (Sunday throuth Friday, iaclusive), extlusive of six (6) Library observed holidays. All work shall be performed after normal working hours (see attachment 04). Rooms used for evening meetings shall be scheduled for cleaning to as not to intsvfere with scheduled meetings. rX jgyZIJC2 CODt traQas,_ey Leg end 1. 6Xv Daily - Six (6) Days Per Week B. lXv Weekly C. 11M Monthly D. InR Yearly 9. 3ZYR Three (3) Times Yearly 0CES TO 82 Mf ORKED enera1, 1. Lll wastebaskets emptied - 6Xv. 2. Dust all furniture - M. 3. Dust all file cabinets - 1=. a. Dust and sanitise all telephones - I=. S. Clean and sanitize all drinking fountains - 62V. 6. Dust mop with treated mop all non -carpeted areas - 6YV. 7. Vacuum all carpeted areas - emphasising entrance area - 6Xv. s. Dust all horizontal surfaces to S foot height - 1Xv. 9. Dust all exposed desk top# - 1Zv. 10. Damp clean all eountertope and window ledges - 1SY. 11. Clean all lobby glass (both sides) and doors 6Xv. 12. Clean all glass doors and partitions (both sides) - M. 13. Damp mop all nos -carpeted areas and stairs - 6YN. 14. Dust all horizontal surfaces.over Sft. - IXK. 15. poliah metal entrance Mays - IXK. 16. Spot clean all walls. partitions. light -* switches ; and:.colussas as nee464�* Washroom Sanit fi t_1oft - Tea Washrooms, 1. Clean, sanitis• and wipe dry all porcelain surfaces-,- 6Xv. 2. Clean and Polish all chrome faucets 4 fixtures - GZW. 3. Damp clean and sanitise, both sides of toilet seats - 6x'Y. a. Damp clean all glass : mirrors - M. S. Lapty all containers and disposals, inserting liners in all - 4XV. 6. Damp clean outside of all containers - 6ZW. Empty all sanitary napkin containers - 6XV. Dust no tal partitions - 6XW. 9. Dust and damp sop floor - 6Xv. 10. Damp clean partitions - 61W. 11. Spot clean dirt and graffiti on all partitions - sm 03/03:92 14:31 0312 456 0304 L.S. EQUITIES Z003.'�,- --�.• FEB-!2-'92 18:35 3 L'FNS-�N =UBL.iC L Ia TEL NG:1-312-866-2319 4401 P93 Pageof J� it eYator. - � 1. Elevator doors sad interior cleaned - 1YV. 2. Slevater floor cleaned - 6XW.(concentrate on corners) Floor Cars 1. Xachine polish all unearpeted areas UV. 2: Strip, scrub and vas all uacarpeted areas - 3XY2. 3. Clean baseboards - 2YYR. A. Yewa= lobby, inner lobby, stairways and elevators iXv Cast Care 1. Xnspect and professionally remove spots► stains as required. but at least lXW. 2. tdge tool vacuum all edges and hidden areas under desks, furniture, ate. - 1XW. 3. Kachine shampoo 42YIt. tf er I. All janitor closets will be kept in a clean and orderly fashion. 2. Premises will be left locked, with only designated lights left on. 3. Contractor is required to comply with safety procedures as required by the City's Safety Director. i.e. "Vet floor" signs, "Man Working" signs, etc. a. During inclement weather. heavily trafficked areas will be cleaned as . required. S. Spat cleaning definition: Spot cleaning of walls is to be don* as necessary. Spot cleaning includes removal of such things as finterprints around light switches or door plates, heel marks, graffiti, etc. If the Contractor is in doubt, prior to cleaning she/be should contact the Library Business Manager. 0 • E • EXHIBIT D Tenant's Hours of Operation Monday through Thursday 9:00 am - 9:00 pm. Friday 9:00 am - 6:00 pm. Saturday 9:00 am - 5:00 pm. Sunday 1:00 pm - 5:00 pm 17