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HomeMy WebLinkAboutResolution_97-R-25-_Authorizing_the_City_Manager_to_Execute_an_Amendment_to_the_Lease_Agreement_Dated_October_14-_1966-_as_Amended-_Between_Metropolitan_Water_Reclamation__signed10/27/2025 97-R-25 A RESOLUTION Authorizing the City Manager to Execute an Amendment to the Lease Agreement Dated October 14, 1966, as Amended, Between Metropolitan Water Reclamation District of Greater Chicago and the City of Evanston WHEREAS, GreaterDistrictReclamationofMetropolitantheWater Chicago (“MWRD”) owns a certain premises along the North Shore Channel in Evanston, Illinois (the “Premises”); and WHEREAS, MWRD and the City of Evanston (“City”) entered into a lease Premises andoperationtheforthedatedto1966,14,Octoberagreement use maintenance of a public fee golf course and for use as public park space, commencing December 1, 1966 through May 31, 2032 (the “Lease Agreement”); and WHEREAS, said Lease Agreement has been amended from time to time pursuant to agreements dated June 24, 1969, September 21, 1978, April 21, 1994, September 9, 2004, July 11, 2019, May 7, 2020, and August 5, 2021, all of which are incorporated by reference herein; and WHEREAS, the City is renewing and consolidating all leases it holds for public park properties with MWRD in order to simplify lease management and provide the City with the opportunity to apply for and secure grants for park improvement projects; and WHEREAS, the Evans at Canal Shores Golf Course is currently named as a sublessee on the Lease Agreement; and Page 1 of 11 97-R-25 WHEREAS, MWRD no longer allows sublessees on any of their new leases; and WHEREAS, the City and Evans at Canal Shores Golf Course will need to execute a management agreement before MWRD will renew a lease for the golf course properties; and WHEREAS, to ensure continuity of golf course operations, the Lease Agreement will be amended to only include the nine golf course properties thereby allowing the City to execute a new lease for the public park properties and allowing the City and Evans at Canal Shores Golf Course Board of Directors time to develop a management agreement acceptable to all parties; and WHEREAS, the Premises provide natural and recreational benefits to the residents of Evanston; and WHEREAS, the parties agree that it would be beneficial to continue the leasing arrangement between the parties; and WHEREAS, the City Council of the City of Evanston has determined that the best interest of the City would be served by amending the lease on the properties, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: The City Council hereby adopts the foregoing recitals as its findings, as if fully set forth herein. SECTION 2: The City Manager is hereby authorized to sign the “Lease Amendment” attached hereto as Exhibit 1 and incorporated herein by reference. Page 2 of 11 97-R-25 SECTION 3: The City Manager is hereby authorized and directed to negotiate any additional conditions of the Lease Amendment as he may determine to be in the best interest of the City and in a form acceptable to Corporation Counsel. SECTION 4: That this Resolution 97-R-25 shall be in full force and effect from and after its passage and approval in the manner provided by law. _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Adopted: __________________, 2025 Approved as to form: _______________________________ Alexandra Ruggie, Corporation Counsel Page 3 of 11 October 27 City of Evanston Lease No. L-063 File No. 24-MZ-010 Remaining NSC Parcels: 1.11, 2.05, 2.06, 2.07, 2.08 and 2.09 (portion) SEVENTH EIGHTH AMENDMENT TO LEASE AGREEMENT DATED OCTOBER 14, 1966, BETWEEN THE METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO AND THE CITY OF EVANSTON This Seventh Eighth Amendment to the Lease Agreement is made this 2nd day of October 2025, by and between the METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO, a body corporate and politic organized and existing under the laws of the State of Illinois (hereinafter “District”), and the CITY OF EVANSTON, a body corporate and politic organized and existing under the laws of the State of Illinois (hereinafter “City”). WHEREAS, the District and Lessee entered into a certain Lease Agreement dated October 14, 1966 (“Lease”), to use District real estate located more or less along both sides of the North Shore Channel extending from north of Isabella Street to Church Street in Evanston, Illinois (hereinafter the “Leased Premises”, designated as Lease No. L-063), for a period of 20-years commencing December 7, 1966, and expiring November 30, 1986, for the operation and maintenance of a public fee golf course and for use as a public park and playground; WHEREAS, this Lease has been amended on six seven prior occasions and now expires on May 31, 2032; WHEREAS, the parties agree that the City and the District would mutually benefit from a restructuring of the four leases that the City currently holds with the District (Leases L-063, L-064, L-278, and L-349); WHEREAS, to align the City’s leases based on use, the City will surrender the public park area currently under this Lease (±47.03 acres) so that they can be consolidated with the other public parks under a new 50-year lease, while this Lease will continue with only the golf course area (±52.94) under the same terms and conditions; and WHEREAS, the District’s Board of Commissioners approved this lease consolidation on October 2, 2025, and the Board Order is attached hereto as Exhibit A. NOW THEREFORE, in consideration of the payment of TEN AND NO/100 DOLLARS ($10.00), the mutual covenants and agreements of the District and the City and other good and valuable consideration, receipt of which is hereby acknowledged, the District and the City hereby agree as follows: 1. All of the foregoing recitals are incorporated by reference herein and made a part hereof as if set forth in full, the same constituting the factual basis for this transaction. Page 4 of 11 2. The City hereby surrenders the ±47.03 acres currently used as public parks under the Lease, which will be combined with the other public parks into a separate 50-year lease for public recreational use. 3. The remaining ±52.94 acres of the Lease will continue to be used as a public golf course under the same terms and conditions. 4. The legal description, survey, and list of tax PINs of the remaining ±52.94 acres is attached hereto as Exhibit B. 5. Consistent with the District’s Land Use Policy, the parties agree that the remaining leasehold premises include the banks of the North Shore Channel that are adjacent to the Leased Premises. Accordingly, the City is responsible for maintaining the banks in accordance with the District’s Land Use Policy and Lease. 6. In all other respects, all terms, conditions, covenants and agreements of the Lease, any amendment thereto, and this amendment, shall remain in full force and effect, and shall continue to inure to and bind the District and the City for the term of the Lease. [THE REMAINDER OF THIS PAGE LEFT BLANK INTENTIONALLY] [SIGNATURE PAGE FOLLOWS] Page 5 of 11 IN WITNESS WHEREOF, the parties hereto have executed this Lease Amendment and partial surrender as of the date and year first written above. METROPOLITAN WATER RECLAMATION DISTRICT OF GREATER CHICAGO By:____________________________________ Marcelino Garcia Chairman, Committee on Finance ATTESTED: By:______________________________ Jacqueline Torres, Clerk CITY OF EVANSTON By:____________________________________ Title: __________________________________ ATTESTED: By: _____________________________ Title: ____________________________ Page 6 of 11 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) I, __________________________________ Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Marcelino Garcia, personally known to me to be the Chairman of the Committee on Finance of the Board of Commissioners of the Metropolitan Water Reclamation District of Greater Chicago, a body corporate and politic, and Jacqueline Torres, personally known to me to be the Clerk of said body corporate and politic, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such Chairman of the Committee on Finance and such Clerk, they signed and delivered the said instrument as Chairman of the Committee on Finance of the Board of Commissioners and Clerk of said body corporate and politic, and caused the corporate seal of said body corporate and politic to be affixed thereto, pursuant to authority given by the Board of Commissioners of said body corporate and politic, as their free and voluntary act and as the free and voluntary act and deed of said body corporate and politic, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this ________ day of _________________, A.D. 2025. ________________________________ Notary Public My Commission expires: ______________________ Page 7 of 11 STATE OF ILLINOIS ) ) SS. COUNTY OF COOK ) The undersigned, a Notary Public in and for said County, in the State aforesaid, DOES HEREBY CERTIFY that ________________________________, personally known to (Name of Signatory) me to be the ________________________ of the CITY OF EVANSTON, a body corporate (Title of Signatory) and politic, and _________________________________, personally known to me to be the (Name of Attester) __________________________ of said body corporate and politic and personally known to (Title of Attester) me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as such representatives of said body corporate and politic, duly executed said instrument on behalf of said body corporate and politic and caused its corporate seal to be affixed thereto pursuant to authority given by the corporate authority of said body corporate and politic as its free and voluntary act and as the free and voluntary act and deed of said body corporate and politic, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this _____ day of _________, A.D. 2025. __________________________________________ Notary Public My Commission expires: ______________________ Page 8 of 11 APPROVED AS TO FORM AND LEGALITY: ________________________________________________________________ Head Assistant Attorney ________________________________________________________________ General Counsel APPROVED: ________________________________________________________________ Executive Director RECEIVED: Fee Insurance Bond N/A Page 9 of 11 Exhibit B List of Real Estate Tax PINs for Evanston Golf Course Lease From North (Isabella Street) to South (Green Bay Road) 05-35-307-036-0000 05-35-307-038-0000 05-35-314-001-0000 05-35-315-001-0000 05-35-314-002-0000 05-35-315-002-0000 05-35-314-003-0000 05-35-315-003-0000 05-35-320-002-0000 11-07-101-001-0000 11-07-101-002-0000 11-07-111-001-0000 10-12-404-001-0000 10-12-408-001-0000 10-12-403-009-0000 10-12-407-001-0000 10-12-406-001-0000 10-12-405-007-0000 10-12-411-001-0000 10-12-411-002-0000 Page 10 of 11 1.11A 1.11B 2.05 2.06 2.07 2.08B2.09H 2.08A2.09G CENTRAL STREET LINCOLN STREET RI D G E A V E N U E ISABELLA STREET GR E E N B A Y R O A D EXHIBIT XX GOLF COURSE LEASE PROPERTIES NORTH SCALE: 1"= 500' Page 11 of 11