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HomeMy WebLinkAboutORDINANCES-1983-116-O-83• 116-0-83 AN ORDINANCE Authorizing the .Lease of A Portion of 90 Kedzie Street WHEREAS, the City of Evanston owns the real property legally described as set forth in Attachment A, incorporated herein by reference, which is a portion of 90 Kedzie Street, which property is located in the City of Evanston, Illinois; and WHEREAS, the City Council of the City of Evanston has determined that it is no longer necessary, or appropriate, or in the best interest of the City of Evanston that it retain use of said real estate, and that said real estate is not required for the use of, or profitable tb, the City of Evanston; and WHEREAS, Terrence and Stella Boyle have proposed to lease said portion of 90 Kedzie Street; and • WHEREAS, the City Council .finds and determines that the best interest of the City of Evanston and its residents will be served by the execution of the lease; 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 Uvans ton a lease by and between the City of Evanston, Illinois, as lessor, and Terrence and Stella Boyle, as lessees, for a portion of the property located at 90 Kedzie Street, Evanston, Illinois, described in Attachment A. Said lease shall be on substantially the terms as set forth in the lease marked as Exhibit B attached hereto and incorporated herein by • reference. SECTION 2: The City Manager is.herebv authorized 116-0-83 to negotiate any additional conditions on the lease of the aforesaid property as may be determined to be in the best interest of the City. • SECTION 3: This ordinance shall be in full force and effect from and after its passage, i approval, and publication in the manner provided by lava. Introduced: % 1983 Adopted: r-/ 1983 Approved- ,2- 1983 L • G� v ayo ATTEST: ' City Clerk App _owed as to ,ffoorvm- Corporatibn Counsel • • I1 -2- LEASE TERM OF LEASE: Ten Years ANNUAL RENT: $1.00 • DATE OF LEASE: BEGINNING ENDING December 1, 1983 November 30, 1993 LOCATION OF PREMISES: As set forth in Exhibit A hereto, property located at and adjacent to 90 Kedzie Street, Evanston, Illinois PURPOSE: Utilization of public property for the reconstruction of an existing fence at 90 Kedzie Street, Evanston, Illinois LESSEE: LESSOR: TERRENCE G. and Name: STELLA BOYLE Name: CITY OF EVANSTON Address: 90 Kedzie Street Address: 2100 Ridge Avenue City: Evanston, Illinois City: Evanston, Illinois IN CONSIDERATION of the agreements herein stated LESSOR hereby leases to LESSEE the property as described in Exhibit A herein .to be used for L4A1 v�'-,c!}F mYc-; reconstruction of an existing fence and no other purposes. 1. The LESSEE shall pay to the CITY OF EVANSTON One Dollar. ($1.00) per year payable annually as rental for subject property. Payment shall be on the first day of December of each year. 2. This lease may not be assigned or subleased as it is for the mutual benefit.solely of the CITY OF EVANSTON and TERRENCE G. and STELLA BOYLE. Any attempted assignment or sublease by LESSEE shall automatically terminate this lease. 3. The LESSEE shall maintain and repair said premises in a good state of repair, appearance and order corresponding to the standards that apply to public grounds otherwise owned by the City. LESSEE shall not post, paint or place or cause others to post,.paint or place on subject property any • advertisement or signs of any kind. • s� • • • 4. .LESSEE shall hold harmless and indemnify the LESSOR against all liability imposed by law and against all loss, liability, damage, and expense, including attorney's fees, incurred by the LESSOR, on account of any injury to or death of any person or persons whomsoever, including employees of the LESSEE, of carriers, and of the LESSEE'S subcontractors, or on account of damage to property sustained by any person, persons, firm or corporation caused by or connected with the exercise of rights or the discharge of obligation by the LESSEE hereunder. If requested by the LESSOR, the LESSEE at its own expense, cost and risk shall defend any pay all costs, including attorney's fees, of any and all suits or other legal proceedings that may be brought or instituted against the LESSOR, or any such claim or demand, and pay and satisfy any judgement that may be rendered against them in any such suit or legal proceeding or the amount of any compromise or settlement that,may result therefrom. 5. LESSEE shall maintain liability insurance on subject property in an amount acceptable to the City Manager. Such policy shall name the CITY,,OF,,a,.; EVANSTON as an insured and shall specifically include the Hold Harmless ' provisions of this lease agreement. 6. Either party hereto may terminate this lease at any time upon the prior service of ninety (90) days written notice of said termination. The LESSOR may terminate this lease with seven (7) days written notice in the event LESSOR initiates a vacation or title transfer of the premises to the LESSEE. All notices required shall be by registered mail and shall be addressed as set forth in the preamble of this lease. 7. The LESSEE shall use the premises for no other purposes than stated herein. LESSOR hereby reserves unto itself and to all public utilities owning public service facilities such rights -of -way, easements and license rights to equipment presently installed and located on the premises and further reserves the right of ingress and egress for the maintenannce, renewal, and reconstruction thereof. -2- i 8. LESSEE shall not make any additions or improvements on the premises without the prior written• approval of the LESSOR. Any improvements made shall, upon the termination of this lease, remain for the benefit of the LESSOR unless LESSOR directs LESSEE to remove any or all of said additions or improvements. In the event LESSOR directs the removal of such additions or. improvements, LESSEE shall remove same at its own cost and shall restore the premises to a condition equal to that at the time of initial leasing. . WITNESS the hands and seals of the parties hereto, as of the date of this lease stated above. LESSOR: CITY OF EVANSTON ATTEST: LESSEE: TERRENCE G. BOYLE STELLA BOYLE By /r By ATTEST:,., CD -3- a v1 Q S `�,` �� v LEA 5 6 D <�' 0 cos,1�uf � q^ N �EOZ/E" hotE ,�T�EET o P y oti ► Ea- Q tiZoLoL ,�a ti to 41(16� J �jJ 11 ---- _ ---- --- - - �.�.��.� - ,,,-- ---� � • - _ �---`--' 1 2.� ." 0 o G LD¢ ^1 sLJeoi via o v T o� 'A -I J 1, -77 \ -I ! o 15 tih ; 95 43 / \ i 37' S to 90 r' 1 Vol 44 a r b � �