HomeMy WebLinkAbout095-O-21 Authorizing the City Manager to Execute a Sale Contract for City Owned Real Property 2022-2026 Central Street, Evanston, Illinois9/15/2021
95-O-21
AN ORDINANCE
Authorizing the City Manager to Execute a Sale Contract for
City Owned Real Property, 2022-2026 Central Street, Evanston,
Illinois
WHEREAS, the City of Evanston owns real property located at 2022-2026
Central Street, Evanston, Illinois, 60201 and legally described in Exhibit A, attached
hereto and incorporated herein by reference (the “Subject Property”); and
WHEREAS, pursuant to Ordinance 33-O-21, the City Council, by a vote of at
least two-thirds (⅔) of the elected Aldermen then holding office, did direct the City
Manager to negotiate the sale of the Subject Property on behalf of the City; and
WHEREAS, pursuant to Ordinance 33-O-21, the City Manager has
negotiated the sale of the Subject Property; and
WHEREAS, the City Manager recommends that the City Council hereby
approve the sale of the Subject Property, with the City of Evanston as Seller and Lush
Wine & Spirits2022 Central Street, LLC, an Illinois limited liability company, as Buyer;
and
WHEREAS, the City Council hereby finds and determines that the best
interests of the City of Evanston and its residents will be served by conveying the
aforesaid Subject Property to Lush Wine & Spirits, LLC, on terms consistent with the
Purchase and Sale Agreement for Real Estate, attached hereto as Exhibit B and
incorporated herein by reference (hereinafter, the “Agreement”); and
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WHEREAS, as required by Section 1-17-4-2(B) of the Evanston City
Code, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was
published in the Evanston Review, a newspaper in general circulation in the City of
Evanston, on April 8, 2021, neither less than fifteen (15) nor more than thirty (30) days
before the date on which the City Council considered adoption of the ordinance
authorizing the City Manager to negotiate the sale of the Subject Property.
WHEREAS, as required by Section 1-17-4-2(B) of the Evanston City
Code, as amended (the “City Code”), a Notice of Intent to Sell Certain Real Estate, was
published in the Evanston Review, a newspaper in general circulation in the City of
Evanston, on October 7, 2021 neither less than fifteen (15) nor more than thirty (30)
days before the date on which the City Council considered adoption of this ordinance
authorizing the sale of the Subject Property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: The foregoing recitals are hereby found as fact and
incorporated herein by reference.
SECTION 2: The City Council of the City of Evanston hereby approves
the negotiated sale of the Subject Property with the City as Seller and Lush Wine &
Spirits, LLC, as Buyer.
SECTION 3: The City Manager is hereby authorized and directed to sign,
and the City Clerk is hereby authorized and directed to attest, the Agreement, pursuant
to the terms of which the Subject Property shall be conveyed. The City Manager is
further authorized to negotiate any changes or additional terms and conditions with
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respect to the sale of the aforesaid Subject Property as the City Manager may deem fit
and proper.
SECTION 4: 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 effectuate the sale herein
authorized.
SECTION 5: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 6: This ordinance shall be in full force and effect from and after
its passage, approval, and publication in the manner provided by law.
SECTION 7: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such
invalidity shall not affect other provisions or applications hereof that can be given
effect without the invalid provision or application, and each invalid application hereof is
severable.
SECTION 8: The findings and recitals contained herein are declared to be
prima facie evidence of the law of the City and shall be received in evidence as
provided by the Illinois Compiled Statutes and the courts of the State of Illinois.
Ayes: ______________
Nays: ______________
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Introduced:_________________, 2021
Adopted:___________________, 2021
Approved:
__________________________, 2021
_______________________________
Daniel Biss, Mayor
Attest:
_____________________________
Stephanie Mendoza, City Clerk
Approved as to form:
_______________________________
Nicholas E. Cummings, Corporation
Counsel
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September 09
November 22 12/6