HomeMy WebLinkAboutORDINANCES-1999-116-O-9909/09/99
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116-0-99
AN ORDINANCE
Authorizing City Manager to Execute Certain Real Estate
Documents Providing for the Purchase, Ground Lease,
Easement and Right -Of -Way of Certain Real Property
Owned by the Chicago Transit Authority and the
Execution of an Intergovernmental Cooperation Agreement
Between the City and the Chicago Transit Authority
Concerning said Property Located Within the Research Park
along the Eastern Lot Line of Main Pavilion Parcel (Cinema Parcel)
Lot No. 1 of the Church Maple Resubdivision
WHEREAS, the City of Evanston (City) and AHC Evanston LLC (Developer)
have entered into that certain Redevelopment Agreement Dated October 23, 1998 as
amended by that certain First Amendment to the Redevelopment Agreement Dated
• November 23, 1998, and amended by that certain Second Amendment to the
Redevelopment Agreement Dated June 7, 1999, pursuant to which the Developer will
purchase and develop certain property within the Research Park; and
WHEREAS, pursuant to the terms of the Amended Redevelopment
Agreement, paragraph 2, "The City has and will continue to attempt towards work with the
Developer to obtaining the Chicago Transit Authority (CTA) easement but cannot
guarantee the CTA will grant such easement. All terms of said easement must be
acceptable to the Developer and the City"; and
WHEREAS, the Developer has engaged in extensive negotiations with the
CTA concerning the thirty-five (35) foot wide strip of CTA right-of-way immediately east of
• the Main Pavilion Parcel referred to hereinabove as the CTA easement ; and
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WHEREAS, the Chicago Transit Board of the CTA will consider at its
September 15, 1999 meeting the sale of a certain portion of said CTA right-of-way, the •
Ground Lease of a certain portion of said right-of-way, the issuance of an easement for a
certain portion of said right-of-way, a right -of -entry to permit the erection of construction
fencing on a portion of said right-of-way, as well as an Intergovernmental Cooperation
Agreement with the City; and
WHEREAS, the said Intergovernmental Agreement, Purchase Agreement,
Easement, Right of Entry Agreement, and Ground Lease, and Intergovernmental
Cooperation Agreement are necessary for the successful development of the said Main
Pavilion Parcel (Lot #2); and
WHEREAS, the Developer has agreed to indemnify and hold the City of
Evanston harmless from any and all liability which may arise from the aforesaid •
agreements; and
WHEREAS, the Developer will reimburse to the City the negotiated price for
the purchase of real estate, ground lease, easement, right -of -entry and Intergovernmental
Cooperation Agreement and for any other costs associated with the above CTA
proceedings; and
WHEREAS, the City will undertake the appropriate actions to assign all
interests of the City acquired above and the Developer will assume all the obligations of
the City under the aforesaid Easement, Ground Lease, and Right -of -Entry Agreement and
Intergovernmental Cooperation Agreement; and
WHEREAS, the City pursuant to the appropriate provisions of the City Code is
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will commence an action for the negotiated sale to the Developer of the real estate
interests acquired herein; and
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 to the Intergovernmental
Cooperation Agreement, Purchase and Sale Agreement, Ground Lease, Easement and
Right -of -Entry. The City Manager is further authorized to negotiate any changes or
additional terms and conditions with respect to the acquisition of the aforesaid real property
interests as he may deem fit and proper.
SECTION 2: The City Manager and the City Clerk, respectively, are hereby
authorized and directed to execute, attest, and deliver such other documents, agreements
and certificates as may be necessary to the actions herein authorized.
SECTION 3: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
Introduced /—�� Fl-
,1999
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Adopted: - �_ r��. �c�,l�G ,; 1 r�' 1999
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Approved: `� ��� �� l ,1999
Mayor
ATTEST:
C�y e
Approydd as to for'Cn: _
i
Corporation Counsel
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