The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS-1991-021-R-91• • • 02/21/91 21—R-91 A RESOLUTION Authorizing the City Manager to Enter Into a Lease for a Portion of the Dyche Stadium Parking Lot WHEREAS, the City of Evanston recognizes the need to provide off—street parking for commuters and other long—term parkers in the Central °i Street area; and area; and WHEREAS, the parking lot at Dyche Stadium is in the Central Street WHEREAS, Northwestern University, the owner of the lot, is willing to enter into a lease with the City for a portion of the subject lot; and WHEREAS, the City Council of the City of Evanston finds that the best interests of the City of Evanston will be served by the execution of a lease which will allow permit parking for commuters and other long—term parkers. 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 Lessee, and Northwestern University as Lessor, for the use of property at the northwest corner of Ashland Avenue and Central Street, and described as follows: All that portion of parking lot located to the west of Dyche Stadium in Evanston, Illinois (bounded by Isabella Street, Ashland Avenue, Central Street, and the north —south alley between Ashland Avenue and Eastwood Avenue) lying south of the extension of the centerline of the east/west alley between Central Street and Chancellor Street. 21-R-91 02/21/91 • SECTION 2: The lease is to be in substantial compliance with the draft lease which is Attachment "A". SECTION 3: This resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. • ATTEST: i� City Clerk i Adopted: �. 1991 1] Mayor -2- This Lease Agreement made this 1st day of March, 1991, by and between Northwestern University, an Illinois corporation ("Lessor"), and the City of Evanston, a municipal corporation ("Lessee"). • RECITALS A. Lessor is the owner of that certain parcel of land located in the county of Cook, State of Illinois, described as follows (the "Property"): All that portion of parking lot located to the west of Dyche Stadium in Evanston, Illinois (bounded by Isabella Street, Ashland Avenue, Central Street, and the north -south alley between Ashland Avenue and Eastwood Avenue) lying south of the extension of the centerline of the east/west alley between Central Street and Chancellor Street. B. Lessee wishes to lease the Property from Lessor for use as a public parking lot on the terms set forth herein. C. Lessor is willing to lease the Property to Lessee. THE PARTIES AGREE AS FOLLOWS: 1. Lessor, for and in consideration of the terms and agreements • set forth herein, does hereby lease the Property, as is, to Lessee for a term of two years, commencing on the first day of April, 1991, and thereafter from year to year, except that after the expiration of the initial two year term either party may terminate this lease on six (6) months written notice to the other party. There shall be no rent or other amounts charged by Lessor or paid by Lessee for Lessee's use of the Property. 2. Lessee shall, at its sole cost and expense, improve the Property as appropriate for use as a public parking lot, and for no other purpose. Lessee shall obtain all licenses, permits or other permission required for such use. All amounts received by Lessee from • the operation of the Property shall be the property of Lessee. 3. The Property shall be used by Lessee solely as a parking lot for private passenger vehicles, as follows: A. On Mondays through Fridays, between the hours of 5:00 a.m. and 3:00 p.m., Lessee shall have exclusive use of the Property. At all other times, the Property shall be open for use by such persons or entities as Lessor may determine. B. Lessee may enforce such exclusive use through its normal parking enforcement procedures. C. Lessee may not install parking meters on the Property. Any striping or other identification of parking locations on the Property shall be applied by Lessee at its sole, cost and expense, subject to Lessor's reasonable requirements in recognition of the Property's frequent use by Lessor for high -density parking. • D. The northern boundary of the Property shall be identified by such signs and stripes ( furnished and installed at Lessee's sole cost and expense) as the parties shall agree on. 4. It is recognized that Lessor may require the use of the Property at certain times otherwise reserved herein for Lessee's exclusive use. Such uses by Lessor include commencement and convocations for itself and for nearby high schools and colleges. Attached hereto, and by reference made a part hereof, is a list of such 2 uses currently known to Lessor. During the initial term hereof, and any extensions, Lessor shall give Lessee at least thirty days prior written notice of any other events that require the use of the Property during the time reserved for Lessee's exclusive use. • 5. Lessee shall, A. Pay Lessor its pro rata share (estimated at $2,500 per year) of Lessor's cost of maintaining the Property (any resurfacing of the Property shall be done by Lessor at Lessor's expense); B. Pay Lessor for the removal of snow and ice from the Property by Lessor when it is reasonably possible to do so. Lessor shall be exclusively responsible for the removal of snow and ice. 6. The Lessor shall in no way be responsible or liable for the safekeeping of any vehicle, or its contents, parked under the permission granted hereby. 7. The Lessee has inspected the Property and has found it to be in satisfactory condition and agrees that upon its discontinuance of the use thereof it will yield the Property to the Lessor in as good condition as when the use commenced, ordinary wear and tear excepted. • 8. The Lessee agrees to indemnify and save harmless the Lessor, its trustees, officers, employees and agents, against all liability, loss, damage and expense including attorney's fees incurred by the Lessor on account of claims or demands of any kind for loss or damage to property or injury to or death of any person, caused by or connected in any manner with its use of the Property. If requested by the Lessor the Lessee will at its own expense defend and pay all costs and expenses, including attorney's fees, of any and all suits or other legal proceedings that may be brought or any judgment that may be 3 rendered against the Lessor in any such suit or legal proceeding, or the amount of any compromise or settlement that may result therefrom. 9. The Lessee's obligation to pay for maintenance accruing during its use of the Property and its indemnity for liability accruing • during its use shall survive this agreement. 10. Lessee shall be liable for all costs, fees, taxes, amounts in lieu of taxes, charges, impositions or amounts whatever charged or sought to be charged by any person or entity, public or private, on or with respect to the Property or its operation as set forth herein. 11. This Agreement may be amended only by written instrument signed by Lessor and Lessee. IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly authorized officers as of the day and year first above written. 0 Attest: Assistant Secretary NORTHWESTERN UNIVERSITY By Senior Vice President for Business and Finance CITY OF EVANSTON Attest: By City Clerk n City Manager