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
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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
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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.
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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.
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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
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ATTEST:,.,
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