HomeMy WebLinkAboutORDINANCES-1985-022-O-85.7
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12/13/84
2/19/85
22-0-85
AN ORDINANCE
Assignment of Lease
WHEREAS, EVANSTON is Lessor of the following -
described property:
(hereinafter described as the leased lot)
All of Lots 9 and 10 in Block 2 of Kedzie and
Keeney's Addition to Evanston, a.s',ubdivision of
that part of the S 1/2 N 1/2 SE 1/4 E of Green
Bay Road. Also that part N 1/2 S 1/2 SE 1/4
lying E of C&NW R.R. in Section 19, Township 41
North, Range 14 East of the Third Principal
Meridian in the County of Cook, State of
Illinois, and
WHEREAS, DOMINICK'S FINER FOODS, INC. is Lessee of
said lot under a lease with Evanston, dated May 1, 1982, and
WHEREAS, Pat McCarville Chevrolet, Inc. was Sublessor
by virtue of a Sublease Agreement, dated April 15, 1982 with
DOMINICK'S, and
WHEREAS, PAR INDUSTRIES, INC. is the Assignee of Pat
McCarville Chevrolet, Inc. pursuant to that certain Assignment
of Lease, dated November 15, 1983, and
WHEREAS, certain disagreements have arisen amongst
the parties regarding their respective rights and obligations
under the aforesaid documents, and
WHEREAS, the parties are desirous of settling their
differences without resort to the courts.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the City Manager is hereby
authorized and directed to sign and the
City Clerk is hereby authorized and directed to attest an
assignment of the aforesaid real estate which contract shall be
in accordance with the attached Exhibit A. However,the City
Manager is further authorized to negotiate any additional
conditions on the assignment of the aforesaid property as may
is 'I
22-0-85
j) be deemed fit and proper.
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�r SECTION 2: All ordinances or parts of ordinances
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in conflict herewith are hereby repealed.
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SECTION 3: This ordinance shall be in full force
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and effect from and after its passage,
li approval, and publication in the manner provided by law.
Ii Introduced: „� o�s 198
!, Adopted: 198 .
Appr1985�.
oved • Z�Z��- � 7 �
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M o
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j ATTEST:
�i City Clerk
Approved as to fore:
Corporation Counsel
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AGREEMENT a
This Agreement, made this day of March,-1985
by and between DOMINICK'S FINER FOODS, INC., an Illinois corpora-
t:;6on (DOMINICK'S) and PAR INDUSTRIES, INC., an Illinois corpora-
tion (PAR) and THE CITY OF EVANSTON, a Municipal corporation
(EVANSTON) , and
WHEREAS, EVANSTON is Lessor of the following -described
property:
(hereinafter described as the leased lot)
All of Lots 9 and 10 in Block 2 of Kedzie
and Keeney's Addition to Evanston, A Sub-
division of that part of the S 1/2 N 1/2 SE
1/4 E of Green Bay Road. Also that part
N 1/2 S 1/2 SE 1/4 lying E of C&NW R.R. in
Section 19, Township 41 North, Range 14 East
of the Third Principal Meridian in the County
of Cook, State of Illinois.
WHEREAS, DOMINICK'S is Lessee of said lot under a
lease with Evanston, dated May 1, 1982, and
WHEREAS, Pat McCarville Chevrolet, Inc. was Sublessor
by virtue of a Sublease Agreement, dated April 15, 1982 with
DOMINICK'S, and
WHEREAS, PAR is the Assignee of Pat McCarville Chevrolet,
Inc. pursuant to that certain Assignment.of Lease, dated November
15, 1983, and
WHEREAS, certain disagreements have arisen amongst
the parties regarding their respective rights and obligations
under the aforesaid documents, and
EXHIBIT A
k
WHEREAS, the parties are desirous of settling their
differences without resort to the Courts.
• NOW, THEREFORE, it is hereby agreed, as follows:
1. DOMINICK'S will assign all of its right; title
and interest to PAR and EVANSTON hereby agrees to said Assignment
and further agrees to release DOMINICK'S from any further
liability under the aforesaid lease, dated May 1, 1982.
2. The sublease between PAR, as Assignee of Pat
McCarville Chevrolet, Inc. and DOMINICK'S is cancelled and voided.
3. The sublease between PAR and McKAY-DATSUN, INC.,
an Illinois corporation (McKAY), dated December 15, 1983 is
accepted and approved by all parties hereto.
4. The monthly rental in the prime lease shall be
changed and amended, as follows:
In lieu of the monthly rental to be paid under
the prime lease PAR agrees to pay 60% of all rents received from
• McKAY and/or any successor thereto from and after January 1,
1985. Any expenses incurred in owning the property shall be
deducted from the gross rentals and 60% of the net shall be the
amount due to EVANSTON.
5. All other .terms and conditions of the prime lease
shall remain in full force and effect. Each of the parties shall,
to the extent consistent with this Agreement, enter into general
Releases amongst themselves.
6. Any Notices to be required to be given under this
Agreement shall be given, as follows:
THE CITY OF EVANSTON
2100 Ridge Avenue
Evanston, Illinois
DOMINICK'S FINER FOODS, INC.
• 555 Northwest Avenue
Northlake, Illinois 60164
PAR INDUSTRIES, INC.
c/o John 0. Demaret & Associates
33 North LaSalle Street
Chicago, Illinois 60602
7. This is the full and complete Agreement of the
parties and this Agreement shall be governed by the laws of the
State of Illinois.
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IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this day of March, '1985.
THE CITY OF EVANSTON
By:
DOMINICK'S FINER FOODS, INC.
By:
PAR INDUSTRIES, INC.
By:
Its President
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