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HomeMy WebLinkAboutORDINANCES-1976-080-O-76r 8/9/76 80-0-76 AN ORDINANCE Authorizing the City Manager to Enter into a Lease in re Parking Spaces in City Parking Lot 48 at 1315 Emerson Street WHEREAS, the City of Evanston is the owner of real property hereinafter legally described and commonly known as City Parking Lot 48; and WHEREAS; said property is presently used for public off-street parking facilities; and WHEREAS, the City Council of the City of Evanston finds that the aforesaid real property and the continued,use of a large por- tion of said property as a public off-street parking facility are no longer necessary, appropriate, required for the use of,.profit- • able to, or in the best interest of the City of Evanston; and WHEREAS, A. A. Rayner, owner of the property located at 1317 Emerson Street, said property being directly adjacent to City Park- ing Lot 48, and Nathan Haliburton, contract purchaser of 1317 Emerson Street, have proposed to lease eight of the twelve spaces in said Lot 48 in order to fulfill the off-street parking require- ments of the Evanston Zoning Ordinance as they apply to 1317 Emerson Street; and WHEREAS, the Evanston Zoning Ordinance provides that part or all of the required parking spaces for a given property may be leased from the City for the anticipated life of the building pro- vided that the spaces are located not more than 500 feet from the . lot requiring said parking and are not located in a more restric- tive zoning district than the building and uses they are to serve; and 80-0-76 0 0 • -2- WHEREAS, the City Council finds five years to be the reason- able anticipated life of 1317 Emerson, the building having been built circa 1894; and WHEREAS, the City Council finds that Lot 48 is within 500 feet of 1317 Emerson Street; and WHEREAS, the City Council finds that Lot 48 is not in a more restrictive zoning district than 1317 Emerson Street, both proper- ties being zoned as B-2 Business District; and WHEREAS, the City Council of the City of Evanston finds that the best interests of the City of Evanston would be served by the execution of a lease to parties who will continually utilize said property to its best advantage; and WHEREAS, the City Council of the City of Evanston finds that the above goals can be accomplished by leasing a portion of said Lot 48 for a period of five years to A. A. Rayner and Nathan Haliburton: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, SECTION 1: The City Manager is hereby authorized and directed to sign, and the City Clerk is hereby authorized and directed to attest on behalf of the City of Evanston a lease by and between the City of Evanston as lessor and A. A. Rayner and Nathan Haliburton as lessees for the property consisting of any eight (8) of the twelve (12) parking spaces to be randomly selected by lessees, their agents, personnel, clientele, or other persons having business at their establishment located at 1317 Emerson Street, Evanston, Illinois, on an availability basis in the parking I lot located at 1315 Emerson Street, Evanston, Illinois, and legally described as: • -3- 80-0-76 The Easterly 25 feet of Lot 12, Block 6, in Grant and • Jackson's Addition to Evanston, the South part of the Northeast quarter of the Northeast quarter of Section 13, Township 41 North, Range 13, and part of the North— west quarter of the Northwest quarter of Section 18, Township 41 North, Range 14, all East of the Third Principal Meridian in Cook County, Illinois as recorded June 4, 1874, in Book 7, Page 70, Document Number 166146 • • said lease to be substantially in the form attached hereto as Exhibit A. SECTION 2: This ordinance shall be in full force and effect from and after its passage by a vote of at least three -fifths of the elected aldermen now holding office and ap- proval in the manner provided by law. Introduced August 23 1976 Adopted ATTEST: SEptember 13 /s/ Maurice F. Brown City Clerk , 1976 Approved September 16 , 1976 /s/ Edgar Vanneman, Jr. Mayor Approved as to form: /s/ Jack M. Siegel Corporation Counsel • G LEASE WITH A. A. RAYNER AND NATHAN HALIBURTON This indenture made this day of Exhibit A , 1976, by and between the City of Evanston, a municipal corporation (hereinafter referred to as "Lessor") and A. A. Rayner as owner and Nathan Haliburton as contract pur- chaser of the premises designated below as requiring off-street parking spaces (Hereinafter referred to as "Lessees") WITNESSETH: Lessor, for and in consideration of the covenants and agreements herein- after mentioned to be kept and performed by Lessees, does hereby lease to Les- sees the premises hereinafter described for a term commencing 1976 and expiring , 1981, renewable thereafter as herein pro- vided from year to year. Said premises are to be used by Lessees to fulfill their off-street parking requirements for the property located at 1317 Emerson Street, Evanston, Illinois and legally described as: The West half of Lot 12 in Block 6 in T. Craven's Resubdivi- sion of Blocks 1, 6 and 7 of Grant and Jackson's Addition to Evanston, a Subdivision of part. of the Northeast quarter of the Northeast quarter of Section 13, Township 41 North, Range 13, East of the Third Principal Meridian and part of the North- west quarter of the Northwest quarter of Section 18, Township 41 North, Range 14, East of the Third Principal Meridian, in the City of Evanston, Cook County, Illinois; and being comprised of any eight of the twelve parking spaces to be randomly selected by Lessees, their agents, personnel, clientele or other persons having business at their establishment located at 1317 Emerson Street, Evanston, Illi- nois, on an availability basis, in the parking lot located at 1315 Emerson Street, Evanston, Illinois, and legally described as: The Easterly 25 feet of Lot 12, Block 6, in Grant and Jack- son's Addition to Evanston, the South part of the Northeast quarter of the Northeast quarter of Section 13, Township 41 North, Range 13, and part of the Northwest quarter of the Northwest quarter of Section 18, Township 41 North, Range 14, -2- all East of the Third Principal Meridian, in Cook County, Illinois, as recorded June 4, 1874, in Book 7, Page 70, Document Number 166146. • 1. Lessees agree to hold Lessor harmless from any public liability or property damage arising out of or in the course of their use or the use by their agents, personnel, clientele or other persons having business at their estab- lishment, of said spaces to fulfill the off-street parking requirements of the building legally and/or equitably owned by them, located at 1317 Emerson Street„ Evanston, Illinois, under the terms of this Lease. 2. Lessees shall maintain the premises in clean condition and good order and shall not permit any nuisiance or waste thereon. 3. Lessees shall not allow the premises to be used for any purpose other than that hereinbefore specified. 4. Lessees agree to pay as rental for the use of the premises aforesaid a fee of four hundred eighty dollars ($480.00) for the first year of this lease, five hundred seventy-six dollars ($576.00) per year for the second and third • years, and six hundred seventy-two dollars ($672.00) per year for the fourth and fifth years of this lease, all of said annual fees to be paid in quarterly installments. A sum equal to twenty-five percent (25%) of the annual fee app- licable to the given year shall be paid to the City Collector upon execution of this Lease or the anniversary of said execution, and on the ninetieth, one hundred eightieth, and two hundred seventieth day next following the date of execution of this Lease or said anniversary. The payment upon a quarterly basis does not relieve the applicant from paying the full annual fee provided. Nothing contained herein shall be construed so as to create a quarterly rental, but rather the rental period for property leased herein shall be for a period of five years and only the payments required hereunder may be paid quarterly. Failure to make the quarterly payments as provided herein shall operate to sus- pend this Lease and the rights and privileges of Lessees herein during the period of such non-payment, and shall constitute grounds for cancellation. All • payments hereunder shall be made by Lessees to Lessor at the office of the City Collector, City of Evanston, Illinois, located at 1501 Oak Avenue, Evanston, Illinois. All payments shall be made as aforesaid without notice or demand from Lessor to Lessees. Lessees and each of them shall be jointly and severally liable for any and all payments required hereunder. -3- 5. This Lease shall not be assigned in all or in part, nor shall the subject premises, or.any part thereof, be sublet, nor shall any rights or privi•, leges herein granted Lessees be sold, transferred or assigned without the con- • 1 sent of Lessor in writing first obtained, and any such sale, transfer or assign- ment, whether voluntary or involuntary, shall void and terminate this Lease at the option of Lessor; provided, however that Lessor recognizes that Nathan Haliburton, Lessee hereunder, has entered into a contract with A. A. Rayner, also Lessee hereunder, to purchase the premises located at 1317 Emerson Street, Evanston, Illinois, hereinabove described and designated as the property for which the subject property of this Lease will fulfill the off-street parking requirements. Upon written notification as provided in Section 6 herein by the Lessees hereto documented by competent evidence of legal transfer of title and ownership of said property located at 1317 Emerson Street to Nathan Haliburton, Lessor will consent to the termination of this Lease and the execution of a new Lease containing such terms as are mutually agreed upon by the parties, by and between the City of Evanston as Lessor and Nathan Haliburton as Lessee. Said Nathan Haliburton shall thereafter have the same right to renew this Lease • as an individual as he would have in concert with A. A. Rayner under the terms of this Lease. 6. Any party hereto may terminate this Lease upon the service of written notice no less than thirty (30) days prior to the termination date; provided, however, that Lessees recognize that the property located at 1317 Emerson Street will remain in compliance with the Zoning Ordinance of the City of Evanston and other applicable laws only for such period of time as there shall be in force and effect a valid lease by the owners of said property for eight off-street parking spaces to be used in conjunction with the aforesaid property. All notices required shall be by registered mail. Notices to Lessor shall be addressed to the attention of the City Manager, City of Evanston, 1501 Oak Avenue, Evanston, Illinois, 60204, and notice to Lessees addressed to A. A. Rayner, 4141 South Cottage Grove, Chicago, Illinois, 60653 and Nathan Haliburton, • 1317 Emerson Street, Evanston, Illinois, 60201. 7. Subsequent to the termination of the initial five-year period, this Lease may be renewed from year to year upon written request therefor by both Lessees, except where the conditions of Section 5 hereinabove are met; V, ., -4- provided, however, that said Lessees recognize that the City's ability to renew is conditioned upon the lot's continued use as a parking lot, ie., the renewal • option will not be available to Lessees should the lot be designated for other use or sale by the City Council of the City of Evanston. 8. If Lessees shall abandon or vacate.the premises, or if Lessees' right to occupy the premises be terminated by Lessor by reason of Lessees' 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 quarterly, after paying the expenses of such reletting and collect- ing to satisfy the rent hereby reserved, Lessees agree to satisfy and pay all deficiency quarterly during the remaining period of this Lease. 9. If default be made in payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by the Lessees, it shall be lawful for the Lessor at any time thereafter, at its election without notice, to declare said term ended and to re-enter the premises or any part thereof, with or without process of law, and to remove the personal property of Lessees, their agents, personnel, clientele or any persons having business at their es- tablishment without prejudice to any remedy which might otherwise be used for arrears of rent. IN WITNESS WHEREOF, the parties hereto have executed this Lease the date first above written, each being duly authorized for the uses and purposes herein stated. ATTEST: City Clerk BY: CITY OF EVANSTON, a municipal Corp. City Manager • e A. A. Rayner Nathan Haliburton