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HomeMy WebLinkAboutRESOLUTIONS-1981-049-R-818/1/81 e 49-R-81 A RESOLUTION • Authorizing the City Manager to Enter into a lease in re Parking Spaces in City Parking Lot 46 at 1616 Sherman Avenue WHEREAS, the City of Evanston is the owner of real property ,4tommonly known as City Parking Lot 46 and located at 1616 Sherman Avenue; and • WHEREAS, said property is presently used fo.r public off-street parking facilities; and WHEREAS, the City Council c� the City of Evanston finds that the continued use of a portion of said property as a public off-street parking facility is no longer necessary, appropriate, required for the use of, pro- fitable to, or in the best interest of the City of Evanston; and WHEREAS, the Benson Building_ Limited Partnership, an Illinois Limited Partnership, Daniel Sternberg, General Partner owners of the property located at 1719-25 Benson Avenue has proposed to lease six (6) spaces in said Lot 46 in order to fulfill the off-street parking requirements of the Evanston Zoning Ordinance as they apply to the use of the 1719-25 Benson Building as a mini -storage and retail center; and WHEREAS, the Evanston Zoning Ordinance provides that part or all of the required parking spaces for a given property may be leased from the City for the anticipated life of,the building provided that the spaces are located not more than 500 feet from the lot requiring said parking and are not located in a more restrictive zoning district than the building and uses they are to serve; and WHEREAS, the City.Council finds that the lease term as stated in exhibit A (a copy of the proposed lease) is not greater than two (2) years which is less than the anticipated life of the building; and • r 49-R-81 8/ 1/ 81, WHEREAS, t-he City Council finds that Lot 46 is within 500 feet of 1719-25 Benson Avenue; and • WHEREAS, the City Council finds that Lot 46 is not in a more re- strictive zoning district than 1601 Sherman Avenue; and WHEREAS, the City Council of the City of Evanston finds that the 01 best interests of the City of Evanston would be served by the execution of a lease to parties who will continually utilize said property to its best ad- vantage; and WHEREAS, the City Council of the City of Evanston finds that the above goals can be accomplished by leasing a portion ofsaid Lot 46 to the Benson Building Limited Partnership,` an Illinois Limited Partnership, Daniel' Sternberg, General. Partner until a request for a variation has been granted, and/or until current parking arrangement complies with the Zoning Ordinance; _`• and/or for a period not to exceed two (2) years and which may be renewed for additional two year periods. NOW, THEREFORE, BE IT RESOLVED 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 Evanston a lease by and between.the City of Evanston as Lessor and the Benson Building Limited Partnership, a.n Illinois Limited Partnership, Daniel Sternberg, General Partner lessee for the property consisting of six (6) parking spaces in the parking lot located at 1616 Sherman Avenue, Evanston, Illinois, and known as Parking Lot 46, and described as follows: • Lots 15, 16, 17, 18, 33, 34, 35, 36 and that portion of the 24 foot Public Alley having been vacated 10 feet north of the north line of Lots 15 and 36, 10' south of the south line of Lots 18 and 33, and all portions in between in block 65 of the Village of Evanston; all in the SW 4 of Section 18, Township 41 North, Range 14 East of the Third Principal Meridian in the City of Evanston, County of Cook, State of Illinois. 49-R-81 8/1/81 SECTION 2: This Resolution shall be in full force and effect from and after -its passage and approval in the manner provided by law. • Mayor ra ATTEST: City Clerk Adopted: C�icyrti� .� 1981 U • tw I A PARKING SPACES LEASE This agreement, made this day of 1981, by and between the City of Evanston, a Municipal Corporation ("LESSOR") and the • Benson Building Limited Partnership, an Illinois Limited Partnership, Daniel Sternberg, General Partner ("LESSEE"). WITNESSETH: 3 i LESSOR, far arildin consideration of the covenants and agreements set forth herein, does hereby lease to LESSEE certain parking spaces fr6m the parking lot commonly known as Parking Lot No. 46 located at 1616 Sherman Avenue, Evanston, Illinois, under the terms and conditions set forth as follows: �1 1. That the term of the lease shall begin on the day, the occupancy permits is granted by the City of Evanston, and end upon a) granting of a parking variation for the property located at 1.719-25 Benson Avenue, Evanston, Illinois • and leased by the Benson Building Limited Partnership or b) the termination of the occupancy of said Benson Building or c) until six (6) qualified parking spaces are provided elsewhere, which ever comes first, but in any event no later than 2 years from the commencement of the rental term. 2. That LESSOR agrees to lease to the LESSEE a total of six (6) park- ing spaces from the aforedescribed Lot No. 46. 3. That in consideration for the lease of said parking spaces LESSEE agrees to pay to LESSOR quarterly rent of Seventy Five Dollars ($75.00) per space, for a total of four hundred and fifty dollars ($450.00) per quarter, payable on or before the first of each month to the City Collector, City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60204. That aforesaid rent may be increased at any time to equal the general monthly parking rental rate per square for said Lot No. 46. 4. LESSOR may terminate this lease upon thirty (30) days written notice • to the LESSEE at the principal office of LESSEE served by registered mail, return receipt requested, effective upon mailing. 5., LESSOR reserves the right to designate by any means it chooses those parking spaces leased pursuant to this agreement; and to change the location of those spaces within the designated lot at its discretion upon written notice of such relocation to the LESSEE. ` 6. That LESSEE agrees to defend LESSOR or to pay the cost of de- fense of LESSOR and to indemnify a-nd hold harmless LESSOR from the payment of any sum or sums of money, to any persons whomsoever on account of all claims, actions or suits growing out o.r injuries to persons or property arising out of or in the course of LESSEE's`use of the aforesaid parking spaces. 7. That LESSEE agrees to conform to the reasonable requirements and regulations of the LESSOR upon written notice thereof, relating to the use of said spaces. 8. That LESSEE agrees to 1�mit its use of the aforedescribed parking spaces to the parking of motorized vehicles for ten passengers or less. IN WITNESS WHEREOF, the parties hereto have executed this lease this • day and year first above written. ATTEST: City Clerk 0 CITY OF EVANSTON, a Municipal Corporation City Manager ADDRESS FOR NOTICE: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60204 Attn: City Manager -2- 0 • .• • -3- � n R Benson Building Limited Partnership an Illinois Limited Partnership Daniel P. Sternberg, General Partner By ADDRESS FOR NOTICE: t Benson.Building Limited Partnership 1719-25 Benson Avenue Evanston, IL 60201