OFFICE OF THE MAYOR
CITY OF CHICAGO
LORI E. LIGHTFOOT
September 9, 2020
TO THE HONORABLE, THE CITY COUNCIL OF THE CITY OF CHICAGO
Ladies and Gentlemen:
At the request ofthe Commissioner of Assets, Information and Services, I transmit herewith ordinances authorizing the execution of lease agreements.
Your favorable consideration of these ordinances will be appreciated.
Very truly yours,
ORDINANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1: On behalf of the City of Chicago (the "City"), the Commissioner of the Department of Assets, Information and Services, and the Commissioner of the Department of Water Management are authorized to execute an amendment to that certain lease (Lease No. 20282; the "Lease") dated July 26, 2013, between the City, as landlord, and the Chicago Park District, as tenant ("Tenant"), governing Tenant's use of public open space located at 220-234 East Chicago Avenue, Chicago, Illinois, and commonly known as Seneca Park; such Lease amendment to be approved by Tenant's Board of Commissioners, and approved as to form and legality by the City's Corporation Counsel in substantially the following form:
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220-234 East Chicago Avenue Seneca Park
Lease No. 20282 - First Amendment
SECTION 2: This Ordinance shall be effective from and after the date of its passage and approval.
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FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the "First Amendment") is made and
effective as of , 2020 (the "Commencement Date") by and between CITY
OF CHICAGO, a municipal corporation and home rule unit of Government (the "City" or "Landlord"), acting by and through its Department of Assets, Information and Services (as successor to the Department of Fleet and Facility Management) and its Department of Water Management, and CHICAGO PARK DISTRICT, a body politic and corporate and unit of local government ('Tenant").
RECITALS
WHEREAS, on July 26, 2013, Landlord and Tenant executed Lease No. 20282 (the "Lease") governing Tenant's use of public open space (the "Original Premises") located at 220-234 East Chicago Avenue, Chicago, Illinois for a Term through July 1, 2019; and
WHEREAS, Landlord intends to widen Mies van der Rohe Way, which abuts the east side of the Original Premises, and would necessitate removing the east three (3) feet of the Original Premises from the Lease; and
WHEREAS, Landlord intends to extend a portion of the western boundary of the Original Premises by four (4) feet;
WHEREAS, Tenant is amenable to removing the east three (3) feet of the Original Premises from the Lease; and
WHEREAS, Landlord and Tenant acknowledge that the Lease incorrectly identified the square footage of the Original Premises as approximately 22,000 square feet of vacant land, when it actually was approximately 37,849 square feet; and
WHEREAS, Landlord and Tenant desire to amend the Lease by removing the east three (3) feet from the Original Premises, adding four (4) feet to a portion the western boundary of the Original Premises, and correcting the square footage of the Original Premises, as amended by this First Amendment;
NOW THEREFORE, in consideration of the above recitals, and mutual promises, covenants, rights and obligations herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Landlord and Tenant mutually agree as follows:
1. Recitals and Terms of Art. The foregoing recitals are hereby incorporated into and made a part of this First Amendment by this reference. All capitalized terms in this First Amendment shall have the same meaning ascribed thereto in the Lease, unless otherwise provided herein.
Reduction of East End of Original Premises, Expansion of the West End of the Original Premises, and Correction of Square Footage. The Original Premises is hereby (a) reduced by excluding the east three (3) feet of the Original Premises, and (b) expanded by adding four (4) feet to the western boundary, but only from a point approximately twenty-eight (28) feet north of the southern property line of the Original Premises to a point approximately one hundred seven (107) feet north of the Original Premises (the "Amended Premises"). The square footage of the Amended Premises is 37,511 square feet, and is depicted on Exhibit A attached hereto.
Counterparts. This First Amendment may be executed in multiple counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[SIGNATURES APPEAR ON THE FOLLOWING PAGE)
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Lease as of the day and year first above written.
LANDLORD:
THE CITY OF CHICAGO,
an Illinois Municipal Corporation and Home Rule Unit of Government DEPARTMENT OF WATER MANAGEMENT
By:
Commissioner
DEPARTMENT OF ASSETS, INFORMATION AND SERVICES
By:
Commissioner
APPROVED AS TO FORM AND LEGALITY:
By:
Deputy Corporation Counsel Real Estate Division
TENANT:
CHICAGO PARK DISTRICT,
a body politic and corporate and unit of local government
By:
Name:
Its:
APPROVED AS TO LEGAL FORM:
General Counsel Chicago Park District
EXHIBIT A Amended Premises
[attached]