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HomeMy WebLinkAboutRESOLUTIONS-1990-045-R-9008/21/90 45—R-90 A RESOLUTION Authorizing the City Manager to Enter into a Lease to Rent Parking Spaces in City Parking Lot 46 • at 1616 Sherman Avenue WHEREAS, the City of Evanston is the owner of real property commonly known as City Parking Lot 46 and located at 1616 Sherman Avenue; and WHEREAS, said property is presently used for public off—street parking facilities; and WHEREAS, the City Council of the City of Evanston finds that the facility is no longer necessary, appropriate, required for the use of, profitable to, or in the best interest of the City of Evanston; and WHEREAS, Lock Up Development Corporation, an Illinois Corporation, owners of the property located at 17'19-25 Benson Avenue has proposed to lease • seven (7) 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 ofthe 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 501) 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 08/21/90 45-R-90 WHEREAS, the 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 restrictive zoning district than 1719-25 Benson Avenue; and WHEREAS, the City Council of the City of Evanston finds that the 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 advantage; and WHEREAS, the City Council of the City of Evanston finds that the above goals can be accomplished by leasing a portion of said Lot 46 to the Lock Up Development Corporation, an Illinois Corporation, 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 Lock Up Development Corporation, an Illinois Corporation, as Lessee for seven parking spaces at 1616 Sherman Avenue, Evanston, Illinois, known as Parking Lot 46, and described as follows: -2- 08/21/90 45—R-90 • 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 feet 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 southwest 1/4 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. 1 SECTION 2: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. • ATTEST: City Cle Ak Adop ted:��� 1 ��! , 1990 • (/ Mayor —3— Exhibit A PARKING SPACE LEASE This agreement, made this day of , 1990, by and between the City of Evanston, a Municipal Corporation ("LESSOR") and the Lock Up Development Corporation, an Illinois Corporation • ("LESSEE"), for the purpose of compliance with Z.A. 81-277(2). WITNESSETH: LESSOR, for and in consideration of the covenants and agreements set forth herein, does hereby lease to LESSEE certain parking spaces from 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. That the term of the lease shall begin on October 1, 1990, and end upon a) granting of a parking variation for the property located at 1719-25 Benson Avenue, Evanston, Illinois and leased by Lock Up Development Corporation or b) the termination of the occupancy of said Benson Building or c) until seven (7) 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 seven (7) parking 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 One Hundred Eighty -Six Dollars ($186.00) per space, for a total of One Thousand Three Hundred and Two Dollars ($1,302.00) per quarter, payable on or before the first of each quarter to the City Collector, City of Evanston, 2100 Ridge Avenue, Evanston, Illinois 60201. That aforesaid rent may be increased at any time to equal the general monthly parking rate per space for said Lot No. 46. 4. LESSOR may terminate this lease up 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 pay the cost of defense of LESSOR and to indemnify and hold harmless LESSOR for the payment of any sum or sums of money, to any persons whomsoever on account of all claims, actions or suits growing our of injuries to persons or property arising out of or in the course of LESSEE's use of the aforesaid parking spaces. • T. 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 limit 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 ATTEST: CITY OF EVANSTON, a Municipal Corporation By City Manager ADDRESS FOR NOTICE: City of Evanston 2100 Ridge Avenue Evanston, Illinois 60201 Attn: City Manager Lock Up Development Corporation, an Illinois Corporation By Title ADDRESS FOR NOTICE: Lock Up Development Corporation 550 Frontage Road Northfield, Illinois 60093 0