UNIVERSITY CHURCH CHICAGO

AGREEMENT FOR THE USE OF CONGREGATION FACILITIES

This Agreement is made this day of April lst, 2019, by and between
University Church Chicago (being referred to herein as the ?Congregation?) and I

Stories Connect NFP (being referred to herein as the "Program").

 

WHEREAS, this Agreement is made by the Congregation and the Program with the shared goal
and purpose of increasing the religious, charitable and/or educational use of the Congregation?s
facilities in a manner which, in the sole judgment of the Congregation, conforms to the religious

aims and polity of the United Church of Christ .

WITNESSETH:

That in consideration of the Program?s covenants and agreements herein contained, the
Congregation hereby grants a license to the Program to use:

The area designated in the attached hereto as known Exhibit A (the "Premises") and

located in the building (said building being referred to herein as the "Faeility"). The
Premises and the Facility are part of the Congregation?s real property (the ?Property") located

at 5655 S. University. To use the same for a term of Months commencing

 

April 1St 2019 and expiring on unless previously terminated, as

hereinafter provided during the following times: Monday through
Sunday

[Exceptions noted in attached 

IN CONSIDERATION of this Agreement, the Program covenants and agrees with the
Congregation as follows:

A. PAYMENT

Program agrees to pay Congregation a portion of the expenses for the operation of the
Premises, the amount of which is payable in installments of 1750.00 ("Shack

of Expenses") in advance upon the ?rst day of every calendar month of the Term, and all of
said payments shall be made at the of?ce of Congregation, as set forth above or at such place

as the Congregation may from time to time designate. Payment for any partial month shall be
prorated on a per diem rate based on the prior or succeeding month's payment for a fraction of

a month if the Term begins or ends on any day other than the ?rst or last day of a calendar
month. If the Term is longer than months, adjustments to the Share of Expenses,
payable shall be made on the ?rst anniversary date of this Agreement and annually
thereafter including any extension period, if applicable. Any such adjustments shall be the result
of changes in operating costs based on the percentage increase or decrease in the operating

expenses of the Facility over the prior year.
B. USE

The Premises shall not be used with a View to pro?t. The Program shall use and occupy the

Premises for religious, educational and charitable purposes, speci?cally for

 

and for no other use or purpose. Use of the premises by the Program shall also be subjected to

 

the Rules and regulations set forth on Exhibit attached hereto and made a part hereof

(the Rules and Regulations) as amended from time to time by CongregationThe Program acknowledges that the Premises is part and parcel of the Property and that
Congregation operates a church and other related activities within the Property, and that
Congregation Agreements other parts of the Property to third party tenants (other than
The Program).

The Program agrees that it shall not use the Premises or any other portion of the Property
in any manner that interferes with Congregation's or any other third party tenant's use of
the Property (or any portion thereof). - -
The Program will not permit any unlaw?il or immoral practice to be committed or carriedK
on in the Premises.

The Program shall not cause, nor permit to be caused, any activity which creates a
nuisance or disturbance to the balance of the Property (or any of the occupants or users
thereof, including, without limitation, any tenants thereof), or any property in the vicinity
of the Property.

The Program, upon direction by the Congregation, will remove any person from the
Premises, who in Congregation?s judgment is creating or causing a nuisance or
disturbance or is conducting himself or herself in an improper manner.

The Program shall be solely responsible for ensuring the security and safety of the
Premises, as well as all employees, representatives, agents, licensees, invitees, customers,
vendors, contractors and guests of The Program who use or occupy the Premises or any
portion thereof. 

The Program shall, at its own expense, keep the Premises and those parts of the Facility it
uses in good repair and in a useable, clean and orderly condition during the times it uses
the Premises or Facility, replacing at its own expense, any and all broken glass with glass
of same size and quality and repairing any other injury or damage caused by its use or the
activities of its employees, agents, clients or other persons entering the Premises or the
Facility invited or permitted to so enter by the Program. If not included in the Share of
Expenses, the Program shall be responsible for janitorial services for the Premises and
those parts of the Facility it uses for the times it so uses such parts.

C. CONDITION OF PREMISES

No representations, except those that are expressly stated herein, have been made to the
Program respecting the condition of the Premises. The taking possession of the Premises by
the Program shall be conclusive evidence as against the Program that the Premises were in
good and satisfactory condition when possession of the same was so taken; and the Program
will, at the termination of this Agreement by lapse of time or otherwise, return the Premises to
the Congregation in as good condition as when received, less by ?re and ordinary wear

excepted.

D. TRANSFER OF INTEREST

The Program shall not assign this Agreement or any interest hereunder and will not transfer its
interest under this Agreement or the use of the Premises or any part thereof; and will not
permit the use of the Premises by any parties other than the Program, employees, agents,
clients or other persons served by the Program, except with the written consent of the
Congregation. Ifthe Program shall at any time during the Term become insolvent, or if
proceedings in bankruptcy shall be instituted by or against the Program, or if a receiver or a
trustee of the Program's property shall be appointed, or if the Program Shall make an
assignment for the bene?t of creditors, or if this Agreement and the Program's license to use
the Premises shall, by operation of law, devolve upon or pass to any person or persons other
than Program, then and in each of said cases the Congregation, at the Congregation?s
election, may terminate this Agreement and re?enter the Premises and take possession thereof

without the service of any notice or demand whatever.

E. REPAIRS AND ALTERATIONS 

Program shall be solely responsible for and shall repair any damage to the Premises
due to any action or omission of Program. The Congregation may enter the Premises at all
reasonable times for the purpose of making any required repairs or alterations thereon as
Congregation shall deem necessary for the safety, preservation or improvement of the
Premises or Facility. The Program shall make no alterations or additions to the Premises
without ?rst obtaining Congregation?s written consent, and Program shall submit to
Congregation upon request paid bills, oontractors? af?davits and full and ?nal lien waivers for
any alterations or repairs made by Program. All erections, additions, ?xtures and
improvements, whether temporary or permanent in character, (except only the moveable office
furniture of the Program) made in or upon the Premises, either by the Congregation or the
Program, shall be the Congregation?s property and shall remain upon the Premises at the

termination of this Agreement, by lapse of time or otherwise.

F. PROGRAM NOT TO MISUSE PREMISES 0R FACILTY

The Program shall not use or permit upon the Premises or the Facility anything that may be
dangerous to life or limb; and will not store on the Premises or Facility any hazardous or
?ammable material, including, without limitation, any paint, gasoline, kerosene, cleaning
solvents or other hazardous or ?ammable liquids; and will do nothing and suffer nothing to be
done upon the Premises or the Facility in any way tending to create a nuisance or to disturb

any other occupant of the Facility, or to injure the reputation of the Congregation, or to annoy

occupants of any neighboring property; and will comply with all laws, ordinances and health
and police regulations respecting the Premises; and will not use the Premises for lodging or

sleeping purposes, or for any immoral or illegal purpose.
G. NON LIABILITY OF CONGREGATION

The Congregation shall not be liable for any damage, either to person or property, sustained by
the Program or by other persons, due solely to any act or neglect of Program or any occupant

of the Premises.

H. DEFAULT: REMEDIES 

In case the Program makes any default in respect to any of the its covenants under this
Agreement, and fails to cure such default within thirty (30) days of Congregation?s notice
thereof, then the Congregation may, at its option, terminate this Agreement and upon such
termination, the Program shall at once surrender possession of the Premises to the
Congregation, and if such possession is not immediately surrendered, the Congregation may
re-enter the Premises and repossess itself thereof and remove all persons and effects

therefrom using such force as may be necessary without being deemed guilty of any manner of
trespass or forcible entry or detainer. No receipt of moneys by the Congregation from the
Program, after the termination of this Agreement, or after the giving of any notice, shall
reinstate, continue or extend the Term or affect any notice given to the Program prior to the

receipt of such money.

I. LIENS

Congregation: The Congregation shall have a ?rst lien upon the interest of the Program

under this Agreement and to all property of the Program in the Premises, to secure the payment
of all moneys due under this Agreement, which lien may be foreclosed in equity at any time
when money is overdue under this Agreement; and the Congregation shall be entitled to name a
receiver of said interest, to be appointed in any such foreclosure proceeding, who shall take
possession of the Premises and such property and who may transfer Program's interest and such

property under the orders of the court appointing the receiver.

Program: Without limiting any other term or provision of this Agreement, Program hereby
covenant with Congregation that Program shall not permit any lien to attach to the Premises or
any portion of the Property. If any such lien shall attach, Program shall cause the same
or any claim therefor to be released. In the event Program contests any claim for any such lien,
Program agrees to indemnify and secure Congregation to Congregation?s reasonable

satisfaction. If Program shall fail to discharge any lien as provided above, Congregation may (but
shall not be obligated to) discharge such lien on Program?s behalf at Program?s sole cost and

expense.

J. CERTAIN RIGHTS NOT GRANTED

This Agreement does not grant any estate or ownership rights in the Premises or the property

of the Congregation to the Program. The interest of the Program is that of a mere licensee.

 

K. RETAINING POSSESSION

If the Program retains possession of the Premises or any part thereof after the termination of
this Agreement by lapse of time or otherwise, then the Congregation may, at its option, within
thirty (30) days after the termination of the Term, serve written notice upon Program that such
holding over constitutes the creation of a month to month Agreement, upon the terms of this
Agreement. Unless such written notice is given, it shall be implied that Program retains
possession without permission, and all of the above provisions under "Default: Congregation?s
Remedies" shall be available to the Congregation?s bene?t. Program shall also pay to
Congregation all damages sustained by Congregation resulting from retention of possession by

Program.

L. EMINENT DOMAIN

if the Facility or any portion thereof containing the Premises shall be taken or
condemned by any competent authority for a public use or purpose, the Term shall end
upon the date when possession of the part so taken shall be required for such use or
purpose, without apportionment of the award, and Program, as of such date, shall have

no further obligations or bene?ts hereunder, and shall not be entitled to receive any

portion of the award.

M. FIRE AND CASUALTY

If, during the life of this Agreement, the Premises shall be so injured by ?re, explosion
or other casualty, as to be untenable, then unless said injury be repaired Within sixty
(60) days thereafter either party hereto may cancel this Agreement, in which case the
Share of Expenses shall be apportioned and paid to the day of such ?re, explosion or

other casualty.
N. UTILITIES

Congregation shall be solely responsible for the payment of all water, gas and
electricity payments in connection with the Premises and the Facility. Congregation
shall furnish to Program a reasonable amount of heat from October to May for

the comfortable use of the Premises during the Program's business hours.
0. 

At the Program?s sole cost and expense, Program shall carry the following insurance naming

the Program, the Congregation and its respective agents and employees as insureds in form

and substance satisfactory to the Congregation in its sole discretion. A Comprehensive General
Liability Insurance policy on the Premises without any deductible amount and with the following
limits: not less than $1,000,000.00 with respect to injury or death to a single person and an
amount not less than $2,000,000 with respect to any one occurrence, and for damage to

property of not less than $1,000,000. The Congregation shall be named as an additional

 

insured as its interest may appear and certi?cation shall be ?led along with a copy of the
endorsement adding additional insureds. The insurance policy shall provide that it will not be
subject to cancellation, termination or change except after at least thirty (30) day's prior written
notice to the Congregation. The policy or duly executed certi?cates for the same together with
satisfactory evidence of the payment of the premiums thereof shall be deposited with the
Congregation, prior to occupancy of the Premises and thereafter not less than ?fteen (15) days
prior to the expiration dates of said policy or policies, Program shall provide copies of policies
or certi?cates of insurance evidencing coverages required by this Agreement. Should the
Program fail to obtain and maintain any such insurance, the Congregation may (but shall not be
obligated to) obtain such insurance and keep the same in effect and the Program shall pay the
premium cost thereof upon demand. Program hereby agrees to indemnify, defend (with
Congregation having the right to retain counsel for the purpose of participating in such defense,
at Program?s sole cost and expense) and hold Congregation harmless from and against and

with respect to any and all obligations, liabilities, claims, accounts, demands, liens or
encumbrances, whether direct or contingent and no matter how arising in any way related to the
use of the Congregation?s property by the Program and arising or accruing on or after the use of
the Congregation?s property by the Program (including but not limited to, actions brought or
claims made after the termination of this Agreement) or in any way related to or arising from any
act, conduct, omission, contract or commitment of Program, at any time. In addition,
Congregation and Program each waives its right of recovery against the other and each

releases the other from any claim arising out of loss, damage, or destruction to the Premises
andfor Facility and other improvements on the Premises or Facility, or contents on or in the
same, to the extent its respective property is covered by a policy of insurance whether or not
the loss, damage, or destruction may be attributable to the negligence of either party or its

respective agent, visitor, contractor, servant, or employee. Each policy shall include a waiver of

the insurer's right of subrogation against the party who is not an insured under the policy.

P. TERMINATION

Either party may at any time during the Term, terminate this Agreement, upon sixty

(60) days' written notice to the other. Upon the termination of this Agreement (whether by reason
of the expiration of the Term, the occurrence of an Event of Default, a Termination Event or
otherwise), Program shall, at its sole cost and expense, cause any and all personal property or
improvements owned by Program and located on the Premises or elsewhere on the Property (as

permitted hereunder) to be removed from the Property prior to such termination. Congregation
shall

have the right, upon such termination, to require Program to remove all alterations and
modi?cations made to the Premises by Program, and Program shall otherwise deliver the Agreed

Area to Congregation in the same condition, normal wear and tear excepted, as the same was in
on the

Commencement Date, free and clear of all property owned by Program, and all refuse and debris.
Q. RENEWAL
Program, at its sole option, may renew this Agreement for an additional (the

"Extension Period") upon the same terms and conditions contained herein other than payment,

by giving Congregation written notice thereof no later than

 

R. SALE OF FACILITY

Congregation hereby agrees that in the event the Facility is sold, Program, at its sole option,

may terminate this Agreement effective at anytime between Congregation?s noti?cation to
Program of such sale and the closing of such sale (the "Closing Date"). Congregation agrees
that in the event Program does not terminate this Agreement on or prior to the Closing Date,
Congregation shall require the purchaser or purchasers to purchase the Facility subject to this
Agreement and to assume all of Congregation?s obligations hereunder until the temlination of

the then applicable Term.

S. Assignment; Subletting.

l) The Program shall not assign this Agreement in whole or in part, nor sub?let the Premises
or any portion thereof, without the prior written consent of Congregation in each
instance, which may be withheld or denied in Congregation?s sole discretion. For
purposes hereof, the term ?assignment? shall include, without limitation, the transfer
during the Term of greater than 50% of the voting or capital interest in The Program
(regardless of whether any such transfer is effectuated pursuant to a single transaction or
more than one transaction). The consent by Congregation to any assignment or sub-
Agreement shall not constitute a waiver of the necessity for such consent to any
subsequent assignment or sub Agreement. If this Agreement is assigned by The
Program, no such assignment shall be deemed a waiver of this covenant, or the
acceptance of the assignee, as tenant, or a sub-Agreement of The Program from the
?lrther performance by The Program of covenants on the part of The Program herein
contained.

2) _T_h_e_Congregation shall have the right, from time to time and at any time, to assign this
Agreement and any or all of Congregation?s rights, duties and obligations hereunder,
without The Program?s consent, to any purchaser, mortgagee or other transferee of the
Property, or any portion thereof.

3) The Congregation hereby agrees that in the event the Facility is sold, Program, at its sole
option, may terminate this Agreement effective at any time between Congregation?s
noti?cation to Program of such sale and the closing of such sale (the "Closing Date").
Congregation agrees that in the event Program does not terminate this Agreement on or
prior to the Closing Date, Congregation shall require the purchaser or purchasers to
purchase the Facility subject to this Agreement and to assume all of Congregation?s
obligations hereunder until the termination of the then applicable Term.

T. SECURITY DEPOSIT

Upon execution of this Agreement, Program shall deposit the sum of [list
security deposit here, at least one month?s Share of Expenses] to be held as collateral security
for the payment of amounts due to Congregation under this Agreement and for the faithful
performance of all other covenants and Agreements hereunder. This amount, without interest,
shall be returned to Program after the termination of this Agreement and provided Program
shall have made all such payments and performed all such covenants and agreements. Upon
any default by Program, all or part of said deposit may, at Program's sole option, be applied on
account of such default and Program shall be responsible for restoring the resulting de?ciency
in said deposit In addition, beginning on the ?rst day of the second year of the Term of the
Agreement, if applicable, and each year thereafter, Program shall increase the security deposit
to equal the percent of increase in the Share of Expenses for the prior year. The security

deposit may not be used for the payment of the last month's Share of Expenses.

U. REAL ESTATE TAXES

The Program represents that it is a charitable, religious or educational organization entitled to
be exempt from real estate taxes under the law of Illinois. In the event that the Facility 01' the
Premises are assessed for real estate taxes as a result of Program?s use thereof, Program

shall pay to the Congregation any and all such real estate taxes assessed on the property not

later than ?fteen (15) days prior to the due date of such real estate taxes.

 

V. MISCELLANEOUS

(1) All covenants, promises, representations and agreements herein contained shall be binding
upon and inure to the bene?t of Congregation and Program and their respective successors
and assigns.

(2) The rights and remedies created hereby are cumulative and the use of one remedy shall
not be taken to exclude the right to the use of another.

(3) The words "Congregation" and "Program" shall be construed to apply to ?rms or
corporations, and the necessary grammatical changes shall be assumed in each case as

though ?illy expressed.

(4) If any clause, phrase, provision or portion of this Agreement or the application thereof to
any person or circumstance shall be invalid or unenforceable under applicable law, such event
shall not affect, impair or render invalid or unenforceable the remainder of this Agreement.
(5) Program agrees to indemnify and hold harmless the Congregation from any and all claims,
liabilities, damages or costs, including reasonable attorney's fees arising from Program's use
of the Premises which cause a violation of Americans with Disabilities Act of 1980 (the 
Program further acknowledges that Congregation is exempt from the coverage of the Act and
that any resulting violation of the Act is the sole responsibility of Program.

(6) The Program, its agents and servants, at its own expense, shall at all times observe,
perform and abide by all requirements of any federal, state and local regulatory authorities with
respect to the use of the Premises and shall obtain and maintain at its own expense any
required licenses, certi?cates, or variations of the zoning laws, if applicable.

(7) The Program shall pay all reasonable attorney?s fees and expenses of the Congregation

incurred in enforcing any of the obligations of the Program under this Agreement, or in any

 

litigation or negotiations against the Program in which the Congregation shall, without its fault,
become involved through or on account of this Agreement.

(8) All property belonging to Program and its employees, agents and invitees or any occupant
of the Premises that is in the Facility or the Premises, shall be there at the risk of Program or
other person only, and Congregation shall not be liable for damage thereto or theft or
misappropriation thereof.

(9) Each and every payment on the Share of Expenses and every payment of other
charges hereunder which shall not be paid when due shall bear interest at the prime rate as
then established by the Hyde Park Bank, which rate is effective from the date when

the same is payable under the terms of this Agreement until the same shall be paid.

(10) Program agrees to recognize as owner of the Premises any person or persons or other
entity purchasing or otherwise acquiring the Premises or any right therein or thereto at any
sale, sales, or other proceedings under any mortgage, deed of trust, or liens or security
interest affecting the shared Premises who may elect to continue this Agreement in full force
and effect in the same manner and with like effect as if such person or persons had been
named as Congregation herein, and in the event of such election this Agreement shall
continue in full force and effect as aforesaid.

(11) Program has no authority or power to cause or permit any lien or encumbrance of any
kind whatsoever, including, but not limited to, mechanics' liens, whether created by act of
Program, operation of law or otherwise, to attach to or be placed upon the Facility or any part
thereof, and any and all liens and encumbrances created by Program shall attach only to

Program?s rights under this Agreement.
(12) Notices under this Agreement shall be in writing and either hand delivered or sent by mail,
facsimile transmission or email transmission to the party being noti?ed at the address,

facsimile number or email address appearing after the party?s signature. Notices shall be deemed

 

received: when hand delivered; or (ii) two business days after mailing with postage prepaid;
or when received if sent by facsimile or email transmission during normal business hours,
and if receipt is electronically con?rmed; or (iv) on the later of actual receipt or the next
business day after transmission if sent by facsimile or email transmission outside of normal

business hours, and if receipt is electronically con?rmed.

IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and af?xed

their respective seals, the day and year ?rst above written.

CONGREGATION:

By:

 

Its

 

Address:

 

PROGRAM:

By:

 

Its

Address:

 

 

 

 

Telephone:

 

Fax:

 

Email:

 

Agreements on the Use of Congregation

 

 

Telephone:

 

Fax:

 

Email: