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Home My WebLink AboutRESOLUTIONS-1988-030-R-8805/05/88 30-R-88 A RESOLUTION Authorizing the City Manager to Enter 1pto a Two Year Lease of Certain Parking Spacgp to the Jewish Reconstructionist Congregation of 303 Dodge Avenue in Lot 36 • WHEREAS, the City of Evanston is the owner of property know as parking Lot 36 as herein after legally described which property contains twenty-four parking spaces, nineteen of which have been leased for �rivate off-street parking facilities to the Mikdosh E1 Hagro Hebrew Center; and WHEREAS, the Jewish Reconstructionist Congregation is the successor in interest to the Mikdosh E1 Hagro Hebrew Center; and WHEREAS, the City Council of the City of Evanston finds that use of a portion of said property as a public off-street parking facility is not necessary, appropriate, required for the use of, profitable, to, or in j the best interest of the City of Evanston; and • WHEREAS, the Evanston Zoning Ordinance provides that part or all I f 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) ;rears which is less than the anticipated life of the building; and WHEREAS, the City Council finds that Lot 36 is within 500 feet of 303 Dodge and is in the same zoning district as the.Jewish • Peconstructionist Congregation, at that address; and WHEREAS, in the opinion of the City Council it is in the best interest of the City to lease to parties who will utilize said property to the best advantage. 30-R-88 i N,OW,, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That the City Manager be and is hereby authorized and directed to negotiate and enter into a two-year lease with the Jewish econstructionist Congregation for nineteen parking spaces in Lot 36 on real estate legally described as: The North 100 feet, except the 'North 20 feet thereof taken from the public. street, of the West 150 feet, except the West 40 feet therefrom taken for public street, of the North 9-3/8 acres of the Southwest quarter of the Northeast quarter of Section 25, Township 41 North, Range•13, East of the Third Principal Meridian, in Cook County, Illinois �n an availability basis among the total of twenty-four spaces at the durrent annual rental of Two Thousand Two Hundred Eighty Dollars �$2,280.00) per year, and with other conditions to be set by him consistent with these terms. i i SECTION 2: This Resolution shall be in full force and effect i from and after its passage, and approval. ATTEST: k;6,1,_ 'City Clerk Adopted: 8'L16`7 • 90 Mayor -I- LEASE WITH JEWISH RECONSTRUCTIONIST CONGREGATION This indenture made this day of 1958, by and between City of Evanston, a Municipal Corporation ("Lessor") and the Jewish Reconstructionist Congregation, an Illinois not -for -profit corporation, owner of the premises designated below as requiring off-street parking spaces ("Lessee"). WITNESSETH: Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and 'performed by Lessee, does hereby lease to Lessee the premises hereinafter described for a term commencing on and expiring on Said premises are to be used by Lessees to fulfill their off-street parking requirements for the property located at 303 Dodge Avenue, Evanston, • Illinois and legally described as follows: Lot 25-30 inclusive (except the west seven feet thereof) i.n Dodge Avenue -Mulford Street "L" Station Subdivision in the Northwest quarter of the Northeast quarter of Section 25, Township 41 North, Range 13, East of the Third Principal Meridian, in the City of Evanston, Cook County, Illinois; and being comprised of any nineteen of the twenty-four parking spaces to be randomly selected by Lessee, its agents, personnel, members of the congregation or other persons having business at it establishment located at 303 Dodge Avenue, Evanston, Illinois, on an availability basis, in the parking lot located on the southeast corner of Dodge Avenue and Mulford Street, in Evanston, Illinois, commonly known as City Lot #36 and legally described as follows: The North 100 feet, except the North 20 feet thereof • taken from public street, of the West 150 feet, except the West 40 feet thereof taken for public street, of the North 9-3/8 acres of the Southwest quarter of the Northeast quarter of Section 25, Township 41 North, Range 13, East of the Third Principal Meridian,' in Cook County, Illinois 1. Lessee agrees to hold Lessor harmless from any public liability or property damage arising out of or in the course:of its ypp pp the use by its: agents, personnel, members of its Congregation or other persons having business at.its establishment, of said spaces to fulfill • the off-street parking requirements of the building legally owned by it, located at 303 Dodge Avenue, Evanston, Illinois under the terms of this Lease. 2. Lessor shall maintain the premises in clean condition and good order and shall not permit any nuisance or waste thereon. 3. Lessee shall not allow the premises to be used for any purpose.other than that herein before specified. 4. Lessee agrees to pay as rental for the premises aforesaid a fee of two thousand two hundred Eighty dollars ($2,280.00) per year, said fee to be. paid in quarterly installments. Aforesaid rent may be increased at any time to equal the general monthly parking rental rate per space for said Lot #36. A sum equal to twenty-five percent (257.) of the annual fee shall be paid to, the City Collector upon the execution of this Lease, and on the ninetieth, one hundred eightieth,, and two hundred seventieth day next following the execution of this Lease. The payment upon a quarterly basis does not relieve the applicant from • paying the full annual Fee provided. Nothing contained herein shall be construed so as to create a quarterly rental, but rather the rental period for property leased herein shall be for a period of two years, and only the payments required hereunder may be paid quarterly. Failure to make the quarterly payments as provided herein shall operate to suspend this Lease and the rights and privileges of Lessee herein during the period of such non-payment, and shall constitute grounds for cancellation. All payments hereunder shall be made by Lessee to Lessor at the office of.the City Collector, 2100 Ridge Avenue, Evanston, Illinois 60204. All payment shall be.made as aforesaid without notice or demand from Lessor to Lessee. Lessee shall be liable for any and all payments required hereunder. 5. This. Lease. shall not be assigned in all or in part, nor shall the subject premises, or any part thereof, be sublet, nor any rights or privileges herein granted Lessees be sold, transferred, or assigned without the consent of Lessor in writing first obtained, and any such sale,, transfer or assignment, whether voluntary or involuntary, • shall void and terminate this lease at the option of Lessor. -2- 5. Either party hereto may terminate this :Lease upon t service of written notice no less than thirty (30).days prior- to the • termination date; provided, however, that Lessee recognizes that the property located at 303 Dodge Avenue will remain in compliance with the Zoning Ordinance of the City of Evanston and other applicable laws only for such period of time as there shall be in force and effect a valid lease by the owners of said property for nineteen (19) additional off-street parking spaces to be used in conjunction with the aforesaid property. All notices required shall be served by hand delivery or registered mail return receipt requested; effective on mailing to the addresses indicated below the signature lines hereto. 7. If Lessee shall abandon or vacate the premises, or if. Lessee's right to occupy the premises be terminated by Lessor by reason of Lessee's breach of any of the covenants herein, the same may be relet by Lessor for such rent and upon such terms as Lessor may deem fit; and if a sufficient sum shall not thus be realized quarterly, after paying the expenses of such reletting and collecting to satisfy the rent hereby reserved, Lessee agrees to satisfy and pay all deficiencies when they shall become due and payable on quarterly basis during the remaining period of this Lease. • 8. If default be made.in payment of the above rent, or any part thereof, or in any of the covenants herein contained to be kept by the Lessee, it shall be lawful for the Lessor at any time thereafter, at its election without notice, to declare said term ended and to re-enter the premises or any part. thereof, with or without process of law, and to remove the personal property of Lessee, its agents, personnel, congregation or any persons having business at its establishment without prejudice to any remedy which might otherwise be used for arrears of rent. 9.. The use of the spaces leased hereunder shall be restricted to the parking of motorized "bassenger" vehicles which are fully capable of legal operation on the public streets. 10. Lessee . agrees to conform to the reasonable requirements of the Lessor, upon written notice thereof, relating to the use of such spaces. -3- • • IN WITNESS WHEREOF, the parties hereto have executed i this Lease the date first above written, each being duly authorized for uses..and purposes herein stated. ATTEST: ATTEST: City Clerk Secretary CITY OF EVANSTON, a Municipal Corporation By: City Manager Address for Notice: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60204 Attn: City Manager JEWISH RECONSTRUCTIONIST CONGREGATION By: President Address for Notice: -4- Jewish Reconstructionist Congregation 303 Dodge Avenue Evanston, Illinois 60202 Attn: Neal Rubin, President