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HomeMy WebLinkAboutRes 36-94 11/01/1994 AF/ 10/28/94 RESOLUTION NO. 36-94 A RESOLUTION AUTHORIZING EXECUTION OF A LEASE BETVVEEN THE VILLAGE OF MOUNT PROSPECT AND RANDHURST SHOPPING CENTER ("VILLAGE HALL IN THE MALL") WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect are desirous of entering into a lease with Randhurst Shopping Center for the purpose of establishing space where special services may be offered to the residents of the Village; and WHEREAS, the lease being the subject of this Resolution shall be for a period of 5 years for space approximately 600 square feet in size on the main level of Randhurst Shopping Center and shall be used for special activities of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE MAYCR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees do hereby authorize execution of a Lease Agreement between the Village of Mount Prospect and Randhurst Shopping Center, which Lease shall be for a period of 5 years, a copy of the Lease is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TVVO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Clowes, Hendricks, Hoefert, Skowron, Wilks NAYS: None ABSENT: Corcoran PASSED and APPROVED this 1st day of November ,1994. JGe~ald L Farley Mayor ATTEST: Carol A. Fields Village Clerk LEASE AGREEMENT -~' made and entered into as of the 12th day of Octob~.~~i~i THIS AGREEMENT, between ROUSE-RANDHURS SHO ING CENTER, INC., a (hereinat~er called "Landlord") and VILLAGE OF MOUNT PROSPECT, (h[~'~i~t~er called "Tenant"). WlTNESSETH, that in consideration of the rents and covenants hereinafte~l~ fo Landlord hereby leases to Tenant and Tenant hereby rents from Landlord premises located in the Village of Mount Prospect, County of'Cook, State of Illinois and known as Randhurst Shopping Center (hereinafter called "Shopping Center"), containing approximately Six Hundred (600) square feet as shown on schedule A attached hereto (hereina~er called "Premises"), upon the following terms and conditions: Section 1. The Term ("TeTM) of'the Lease ("Lease") shall commence on 19q~, and shall be for a period of Five (5) Years, expiring at 11:59 p.m. on Ocro~,~,119~/q. Either party may terminate this Agreement provided 30 days written notice is provided to the other party. Section 2. Tenant covenants and agrees to pay to Landlord, as rental for the Premises: (a) Minimum Rental in the mount of Two Thousand Dollars ($2,000.00) (see rider), per month payable on the 1st of each month. S~fion 2t - As I~ Condition. Tenant has inspected the Premises pdor to the execution hereof and accepts same as existing. Any improvements or alterations made and any signs or decorations placed upon the Premises by Tenant shall be at Tenant's sole cost and expense and subject to Landlord's prior written approval. Landlord reserves the right to make alterations or modifications to any and all portions of the Premises. Section 4 -- Promotion. Tenant agrees that if, a special promotion is being conducted in the shopping center during the Term of.the Lease, Tenant's sole decorations will be consistent with the theme of any promotion as determined by Landlord. Section 5 -- Use and O~npane~. The Premises shall be used by Tenant solely for general municipal ot~tice purposes~ Tenant covenants and agrees to perform all obligations on its part to be performed hereunder, to conduct its bus'mess on the Premises in a dignified manner and to maintain the Premises in a dean and orderly condition. In regard to the use and occupancy of the Premises, Tenant will not use or permit the use of any objectionable advertising medium such as, without limitation, megaphones, audio equipment, flashing lights, or phonographs, which is in any manner audible or visible outside the Premises. Section 6 -- Service and Utilities. Landlord agrees that it will provide adequate heating, air conditioning and janitorial service to the Premises dudng the Term hereof, at its cost; provided, however, Landlord shall not be liable to Tenant for any interruption in such service caused by tempora~ breakdown or the making of necessary repairs. 1 RESOLtlTIOtt NO. 36-94 1111194 Section 7 -- Reuairs. Tenant agrees that it will repair promptly at its own expense any damage to the Premises cause by bringing into the Premises any property for Tenant's use, or by the installation or removal of such property, or by the negligence of Tenant or Tenant's employees, and that it will surrender the Premises at the expiration of the Term hereof in as good condition as when received, excepting depreciation caused by the ordinary wear and tear, casualty and alterations. Section 8 -- Common Areas. In addition to the Premises, Tenant shall have the right of non- exclusive use, in common with others, of automobile parking areas, driveways, footways, and such other facilities as may be designated by Landlord, subject to reasonable rules and regulations for the use thereof as prescribed by Landlord. Section 9 -- Indemnification and Waiver of Subrogation. Tenant will indemnify Landlord and save it harmless fi.om and against any and all claims, actions, damages, liability and expense arising fi.om or out of the occupancy or use by Tenant of the Premises or any part thereof or any other part of the Shopping Center, or occasioned wholly by any negligent or willful act or omission of Tenant, its agents, contractors, or employees. Tenant agrees to maintain throughout the Term, at its own expense, public liability insurance with respect to the Premises with minimum limits of $1,000,000 combined single limit on account of personal injury or death and $500,000 on account of property damage; and Tenant will further deposit the policy of insurance or certificates thereof with Landlord. ail policies evidencing such insurance shall include Landlord or its designee as additional insured. Neither party shall be liable to the other party or to any insurance company (by way of subrogation or otherwise) insuring the other party, for any loss or damage to any building, structure or other tangible property, or loss of income resulting therefi.om, or losses under worker's compensation laws and benefits even though such los or damage might have been occasioned by the negligence of such party, its agents or employees, if, and to the extent, such loss or damage is covered by the insurance benefitting the party suffering such loss or damage or is required to be covered by insurance pursuant to this Section 9. Section 10 - No Assignment or Sublettim,. It is expressly understood and agreed that Tenant may not assign this Lease in whole or in part, nor sublet all or any part of the Premises, nor license concessions or lease departments therein, without first obtaining the written consent of Landlord which will not be unreasonably withheld. Section 11 - Landlord's Access. Landlord shall have the right to show the Premises to prospective tenants during normal business hours upon one week advance notice given to Tenant. Section 12 -- Compliance With Laws. Tenant, at its sole cost and expense, shall cause the Premises to comply with all federal, state and local statutes, laws, regulations and ordinances and shall be responsible for obtaining all required permits and certificates necessary to conduct its business in the Premises. Section 13 -- Default. Tenant covenants and agrees to perform all obligations on its part to be performed hereunder including, without limitation, the obligation to pay rental, to conduct its business on the Premises in a dignified manner and to maintain the Premises in a clean and orderly condition. Failure of Tenant to perform its obligations as fforesaid shall give Landlord the right to terminate this Lease Agreement if Tenant shall have not commenced compliance with the written or oral notice of Landlord within twenty-four (24) hours aiter receipt thereof and, upon such termination of Lease, Landlord may re-enter the Premises and shall have no further obligations hereunder. Section 14 -- Relocation. The parties hereto further agree that Landlord shall have the right to relocate the Premises to another acceptable location in the Shopping Center Area and/or to redesign the improvements upon the Premises at any time during the Term hereof and any renewal or extension thereof upon giving Tenant at least Thirty (30) Days advance written notice of its imention to so relocate and/or redesign the Premises. In the event that Landlord and Tenant cannot agree on an acceptable location within the Thirty (~0) Day notice period, then this Lease shall be null and void and of no further force and effect at the end of said twenty-four (24) hours notice period, and unless Tenant shall be in breach of its obligations hereunder, Landlord shall repay to Tenant a portion of any advance Nfminmm Kental paid being the same proportion to the whole thereof as the then unexpired - period is to the period for which said advance Minimum Rental has been paid. Section 15 - ttoldin~ Over. If Tenant holds possession of the Premises after the termination of this Lease for any reason, Tenant shall pay Landlord the Basic Rent provided for herein for such period that Tenant holds over, but such payment of Basic rent shall not create any lease arrangement whatsoever between Landlord and Tenant. It is further understood that during such period that Tenant holds over, the Landlord retains all of Landlord's rights under this Lease including damages as a result of the holdover and the right to immediate possession of the Premises. This paragraph shall not be construed to grant Tenant permission to hold over. Section 16 -- Payment of Rent. All payments of rental and sales reports shall be delivered to I.a~ndlord's management office in the Shopping Center. Ail other notices from Tenant and Landlord required or permitted hereunder shall be directed to Landlord at The Rouse Company, Columbia, Ma~land, 21044, Attention: General Counsel; with a copy to Landlord's management office in the Shopping Center. all notices from Landlord to Tenant required or permitted hereunder shall be directed to Tenant at: Village of Mount Prospect; 100 South Emerson; Mount Prospect, IL 60056. Section 17 - Comnlete Understandinp_. This writing is intended by the parties as a final expression of their agreement and as a complete and exclusive statement of terms thereof, all negotiations, considerations and representations between aH parties having been incorporated herein. No course of prior dealings between the parties or their officers, employees, agents or affiliates shall be relevam or admissible to supplement, explain or vary any of the terms of the Lease. Acceptance of, or acquiescence in, a course of performance rendered under this or any prior agreement between the parties or their afl~!iates shah not be relevant or admissible to determine the meaning of any of the terms of this Lease. No representations, understandings or agreements have been made or relied upon in the making of this Lease other than those specifically set forth here'm. This lease can be modified only by a writing signed by the party against whom the modification is enforceable. 3 IN WITNESS WI-IEREOF, the parties hereto, intending to be legally bound hereby, have executed this Agreement as of the day and year first above written. ROUSE-RANDHURST WITNESS: SHOPPING CENTER, INC. ~,~--~-~a,~, By: ~ Vice-Pres~'~ent, 7ral Manager WITNESS: VILLAGE O~M~UNT PROSP~ /Village Pre$ie(ent / / / VILLAGE O1' MOUNT PROSPECT KAS/bl RIDER TO LEASE AGREEMENT THIS RIDER is annexed to and forms part of the Lease Agreement dated November 1, 1994, between the ROUSE-RANDHURST SHOPPING CENTER, INC., a Maryland Corporation (Landlord) and Village of Mount Prospect (Tenant). The printed part of the Lease Agreement is hereby modified and supplemented as follows. VVherever there is a conflict between this Rider and paramount and the Lease Agreement shall be construed accordingly. SECURITY SERVICES AGREEMENT This Agreement entered into as of the J,57- dayof ~0v6~lJ~ ,1994, byand between Randhurst Mall, 999 North Elmhurst Road, Mount Prospect, (Randhurst) and the Village of Mount Prospect (Village). Whereas, the parties desire to enter into an agreement to furnish certain services as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. TERM: Village shall provide the services hereinafter set forth commencing on the 1st day of November 1994 and continuing until the earlier to occur of (i) October 31, 1999; or (ii) the termination of that certain lease agreement dated this 157- day of ~Jov~E~__~, 1994, ("Lease") for ~C)0 square feet of space in the Randhurst Mall ("Mall"). Notwithstanding anything heroin contained to the contrary either party may terminate this agroement upon thirty (30) days' written notice to the other, whereupon this Agroement shall terminate at the end cf such thirty (30) day period, Provided, however, that in the event either party shall elect to cancel this Agreement as aforesaid, either party shall have the option to cancel the Lease which cancellation shall be effective concurrently with the end of this Agreement. 2. SERVICES: During the term of this Agreement, Village shall provide the following services: a. Conduct a minimum of four (4) seminars annually, on rolevant security issues which would benefit Randhurst security personnel. Such seminars shall be conducted at mutually agreed upon dates and times. Such seminars shall be conducted at the Mall at a mutually agreeable place and time. b. Conduct a minimum of four (4) seminars annually on subjects including but not limited to shoplifting and other relevant crime prevention and security subjects for the benefit of the merchants of the Mall. The Village will also provide assistance to the Mall in organizing the annual law enforcement show at the Mall. The Village shall promote relevant law enforcement education programs, such as D.A.R.E. or other programs as appropriate. Such seminars shall be scheduled at mutually agreed upon times, dates, places. c. Patrol the Mall's parking lot six (6) times daily at approximately every four (4) hours. d. A uniformed Police Officer shall patrol the enclosed Mall as conditions and situations dictate at such times as the Mall is open for business. Uniformed Officer(s) arc a supplement to the adopted and in force Mall security plan. 2 3. MUNICIPAL SERVICE LOCATION: The Village shall locate a municipal service site in the leased space. Services to be provided include, but are not limited to, Police services (as available) and other municipal services of mutual benefit to the Village and patrons of the Mall. 4. COMPENSATION: For the services provided hereunder, Randhurst shall pay to Village a fee equal to the rental and other charges payable by Village to Randhurst under the aforesaid Lease. For purposes of establishing the pdce of the Annual Basic Rental, the parties agree that both the value of the annual rental and the value of the services provided under the Security Services Agreement are equal to the product of: Twenty-four Thousand Dollars ($24,000). On the due date of each monthly rent installment, the Village shall pay to Randhurst as rent one twelfth (1/12th) of the amount determined by the product of the formula set forth hereinabove; and on that same date Randhurst shall pay to Village the same amount as compensation for security services. 5. INSURANCE: Village shall maintain throughout the term of this Agreement all necessary insurance including, but not limited to, public liability insurance, and any other type of insurance required to be carded by virtue of law or otherwise. 6. INDEPENDENT CONTRACTOR: Village, at all times du~ing the term of this Agreement and providing the services required hereunder shall act as an independent contractor and nothing herein contained shall be construed to create a re at, on of principal and agent or employer and employee. 7. ASSUMPTION OF RISK: Village and its employees, agents and officers performing the services herein contained assumes all risks and hereby indemnifies and holds Randhurst harmless from and against any and all claims, damages, actions, liability contractual or otherwise, including legal fees and court costs in connection with or arising out of the services and performance of same under this Agreement caused solely by the fault of the Village. 8. LAWS: This Agreement shall be governed by the Laws of the State of Illinois. IN WITNESS WHEREOF the parties hereto have hereunto affixed their seals and executed this Agreement on the day and year first above written. ROUSE-RANDHURST Attest: m~~r~-~ Witnessed: VILLAGE OF MOUNT PROSPECT AULWM.'O'E"~ Village of Mount laroepect MICHAI~LE W, SKOWRON [RVANA E. WILES W~LAGE ~.AGE. 100 South Emerson Street Mount P~spect, Illinois 60056 CA~OL A. ~IELOS Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOD: 708 / 392-6064 ~ovem~ 2, Rous~Randhurst Shopping Center, Inc. 999 North Elmhurst Road Mount Prospect, l~ 60056 Dear Sir or Madam: This letter is in reference to the insurance requirements contained in the Lease Agreement between Rouse-Randhurst Shopping Center, Inc. and the Village of Mount Prospect entered into October 12, 1994 and commencing November 15, 1994 and continuing as long as the lease agreement is in effect. The Village of Mount Prospect is self-insured at the present time for liability insurance. We understand that we are responsible to protect Rouse-Randhurst Shopping Center, Inc., a Maryland Corporation, from and against the following liabilities: $1,000,000 combined single limit on account of personal injury or death and $500,000 on account of property damage. In the event of a judgment, the Village would use available monies in its Risk Management Fund, General Fund and/or by issuing Judgment Bonds. Yours truly, David C. Sepson Finance Director DC J/sm GERALD L FARLEY Village of Mount Prospect VILLAGE MANAGER 1 O0 South Emerson Street Mount Prospect, Illinois 60056 CAROL A. F,EL0S Phone: 708 / 392-6000 Fax: 708 / 392-6022 TDO: 708 / 392-6064 November 2, 1994 Rouse-Randhurst Shopping Center, Inc. 999 North Flmhurst Road Mount Prospect, IL 60056 Dear Sir or Madam: This letter is in reference to the insurance requirements contained in the Lease Agreement between Rouse-Randhurst Shopping Center, Inc. and the Village of Mount Prospect entered into October 12, 1994 and commencing November 15, 1994 and continuing as long as the lease agreement is in effect. The Village of Mount Prospect is self-insured at the present time for liability insurance. We · understand that we are responsible to protect Rouse~Randhurst Shopping Center, Inc., a Maryland Corporation, from and against the following liab'flities: $1,000,000 combined single limit on account of personal injury or death and $500,000 on account of property damage. In the event of a judgment, the Village would use available monies in its Risk Management Fund, General Fund and/or by issuing Judgment Bonds. Yours truly, David C. Jepson Finance Director DC.l/sm