09-123 Resolution No. 09-123
RESOLUTION
AUTHORIZING EXECUTION OF AN AMENDMENT TO PARKING LOT LEASE
WITH RSC-ELGIN, LLC
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,
that Ed Schock, Mayor, and Diane Robertson, City Clerk, be and are hereby authorized and
directed to execute an amendment to parking lot lease on behalf of the City of Elgin with RSC-
ELGIN, LLC, amending the legal description of the Subject Parking Lot Property, a copy of
which is attached hereto and made a part hereof by reference.
s/Ed Schock
Ed Schock, Mayor
Presented: May 27, 2009
Adopted: May 27, 2009
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/Diane Robertson
Diane Robertson, City Clerk
3/23/09
AMENDMENT TQ PARKING LOT LEASE
THIS AMENDMENT to parking lot lease ("Amendment Agreement") is made and
entered into this �4 day of , 2009, by and between RSC-ELGIN, LLC,
an Illinois limited liability company (hereinafter referred to as "Developer") and the CITY OF
ELGIN, a municipal corporation organized and existing under the laws of the State of Illinois
(hereinafter referred to as the "City").
WITNESSETH:
WHEREAS, the Developer and the City entered into a certain parking lot lease dated
March 24, 2005, a copy of such parking lot lease being attached hereto as Exhibit 1 (hereinafter
referred to as the "Subject Parking Lot Lease"); and
WHEREAS, the Subject Parking Lot Lease provides for the Developer to lease to the
City a portion of the property to be developed with Phase II of the Mixed Use Residential and
Commercial Project identified in the development agreement between the Developer and the
City dated August 11, 2004 (such portion of the property to be developed with Phase II being
leased by the Developer to the City and legally described in Exhibit A in the Subject Parking Lot
Lease is hereinafter referred to as the "Subject Parking Lot Property") ; and
WHEREAS,the Developer and the City wish to amend the Subject Parking Lot Lease by
amending the legal description of the Subject Parking Lot Property in Exhibit A in the Subject
Parking Lot Lease to include all of the property to be developed with Phase II of the Mixed Use
Residential and Commercial Project.
NOW, THEREFORE, for and in consideration of the mutual undertakings contained
herein, and the mutual undertakings contained in the Subject Parking Lot Lease, and the mutual
undertaking contained in the development agreement, and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged,the parties hereto agree as follows:
1. The Subject Parking Lot Lease is hereby amended by deleting Exhibit A thereto
which provides the legal description of the Subject Parking Lot Property and replacing same in
its entirety with Exhibit A attached hereto consisting of the plat of survey and legal description
thereon prepared by Alan J. Coulson, P.C., Job C57, 176L,page 6-14H dated March 17,2009.
2. The City agrees that no later than sixty (60) days after the entry into this
Amendment Agreement at its cost to cause the northern most partially painted wall on the
adjacent Fountain Square condominium building to be painted.
3. In the event of any conflict between the terms of this Amendment Agreement, and
the terms of the Subject Parking Lot Lease, the terms of this Amendment Agreement shall
control.
4. That except as specifically amended herein, the Subject Parking Lot Lease shall
remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have entered into and executed this
Amendment Agreement on the date and year first written above.
CITY OF ELGIN RSC-ELGIN, LLC, an Illinois limited; �L� liability company
By ✓
Mayor By RSC @ ASSOCIATES,LLC,
an Illinois limited liability company
Attest: Its Manager (Wt By
City Clerk Richard S. Curto
Its Manager
FALegal Dept\Agreement\Development Agr-RSC.Amendment Parking Lot Lease.doc
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Draft 3/23/05
PARKING LOT LEASE
THIS LEASE made and entered into this 2-`A-T'4 day of March, 2005, by
and between RSC-ELGIN, LLC, an Illinois limited liability company
(hereinafter referred to as "Developer" ) and the CITY OF ELGIN, a
municipal corporation organized and existing under the laws of the
State of Illinois (hereinafter referred to as the "City") .
WITNESSETH
WHEREAS, the Developer has acquired from the City and the
Developer is now the owner of certain real property improved with a
surface parking lot and located at the southwest corner of Chicago
Street and South Grove Avenue and legally described in Exhibit A
attached hereto (such property is hereinafter referred to as the
"Subject Parking Lot Property") ; and
WHEREAS, the Development Agreement between the Developer and the
City dated August 11, 2004 , (the "Development Agreement") provides in
part that until such time as the Developer is prepared to commence the
construction of Phase II of the Mixed Use and Residential Commercial
Project on the Subject Parking Lot Property the City shall have the
right to continue to use the Subject Parking Lot Property for public
parking purposes .
NOW, THEREFORE, for and in consideration of the mutual
undertakings contained herein, and other good and valuable
consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereto agree as follows :
Exhibit 1
1 . The Developer hereby leases to the City and the City hereby
leases from the Developer the Subject Parking Lot Property.
2 . City shall use and occupy the Subject Parking Lot Property
for the sole purpose of providing parking spaces for the parking of
vehicles of the public or for such other persons or entities as
designated by the City and for no other purpose or purposes .
3 . The term of this agreement shall commence as of the closing
of the conveyance of the Subject Parking Lot Property from the City to
the Developer and shall continue thereafter on a month-to-month basis.
This Lease may be terminated by the City upon thirty (30) days advance
written notice to the Developer. This Lease may be terminated by t he
Developer upon not less than sixty (60) days advance written notice of
Developer' s intention to commence construction of the Phase II of the
Mixed Use Residential and Commercial Development on the Subject Parking
Lot Property as described in the Development Agreement.
4 . The City shall pay to the Developer as rent the sum of zero
dollars ($0) per month.
5 . The City shall be responsible for all snow removal and any
other maintenance of the Subject Parking Lot Property to permit such
property to be used as described in this Lease .
6 . The City shall to the fullest extent permitted by law
indemnify, defend and hold harmless the Developer from and against any
and all liability, damages , costs, suits or actions caused by or
arising out of this Lease and/or the City' s or the public ' s use of the
Subject Parking Lot Property including, but not limited to, such
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matters caused by or arising out of the negligent acts or omissions of
the City, its employees, officers, agents or the invitees of the City.
The provisions of this paragraph shall survive any termination and/or
expiration of this Lease. To the extent permitted under the City' s
self-insurance program the City agrees to at all times during the term
of this Lease to keep and maintain general liability insurance in
force, insuring against liability from death, bodily injury or property
damage in a combined single limit of not less than Two Million Dollars
($2 , 000, 000) , and to provide the Developer a certificate of insurance
naming the Developer as an additional insured thereunder with respect
to the Subject Parking Lot Property.
7 . The Developer shall to the fullest extent permitted by law
indemnify, defend and hold harmless the City from any and all
liability, damage, claims, suits or actions caused by or arising out of
negligent acts of omissions of the Developer, its employees, officers
and agents with respect to the Subject Parking Lot Property. The
provisions of this paragraph shall survive any termination and/or
expiration of this Lease.
8 . The Developer shall not use the Subject Parking Lot Property
for any construction activities on the adjacent Phase I development and
shall not permit persons participating in such Phase I construction
activities to park in the Subject Parking Lot Property.
9 . The rights of the City under this Parking Lot Lease shall be
subordinate to the rights of Developer' s construction lenders .
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10 . Any notice given under this Lease shall be in writing and
shall be deemed to have been given when hand delivered or deposited in
the U. S . mail, certified or registered, return receipt requested,
addressed as follows :
IF TO THE CITY: IF TO DEVELOPER:
City of Elgin RSC-ELGIN LLC
150 Dexter Court c/o Richard S. Curto
Elgin, IL 60120-5555 ' 180 N. LaSalle St . , Suite 2626
Attention: City Manager Chicago, IL 60601
IN WITNESS WHEREOF, the parties hereto have entered into and
executed this Lease on the date and year first written above .
CITY OF ELGIN RSC-ELGIN, LLC, an Illinois
Limited liability company
By RSC @ ASSOCIATES, LLC,
an Illinois limited liability
company, Its Manager
By BY
Mayor Richar S . Curto
Its Manager
Attest :
Qhh—�—,
City Clerk
F:\Legal Dept\Agreement\Lease-NBD Parking Lot.doc
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EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PARKING LOT PROPERTY
PARCEL ONE :
Lots 1, 2 , 3 , 4, 5 and 6 and part of Lot 10 of B.W. Raymond' s
Subdivision of Lots 1, 3 , 4 and 5 of Block 21 of the Original Town of
Elgin, on the East Side of Fox River; Lots 1, 2 and part of Lot 3 of
McOsker' s Subdivision of Lots 7, 8, 9, 10 and 10-1/2 of B.W. Raymond' s
Subdivision of Lot 1 in Block 21 of the Original Town of Elgin, and
that portion of land lying between Lot 9 and Fox River; also part of
the vacated alley lying on the Southerly portion of said McOsker' s
Subdivision; also part of Lot 2 in Block 21 of the original town of
Elgin, on the east side of Fox River; all of the foregoing begin
described as a tract as follows : Beginning at a point in the Southerly
line of the Northerly 22 feet of Lot 2 in Block 21 aforesaid, 95 feet
Southwesterly, measured along said Southerly line, from the Westerly
line extended of Lot 4 of B.W. Raymond' s Subdivision; thence
Northwesterly parallel with said Westerly line extended of said Lot 4 a
distance of 42 feet; thence Northwesterly to a point on the Westerly
line of Lot 2 of McOsker' s Subdivision 105 feet Northwesterly from the
Southwesterly corner thereof ; thence Northwesterly along the Westerly
line of Lot 2 of McOsker ' s Subdivision to the Northwesterly corner
thereof and the South line of Chicago Street; thence East along said
South line of Chicago Street to the Westerly line of Grove Avenue;
thence Southeasterly along said Westerly line of Grove Avenue to the
Southeast corner of Lot 2 in Block 21 aforesaid; thence Westerly along
the Southerly line of said Lot 2 to the Easterly line of Riverside
Avenue; thence Northerly along said Easterly line to the point of
beginning, in the City of Elgin, Kane County, Illinois .
PARCEL TWO:
Lot 11 and that part of Lot 28 lying Easterly of the Easterly line of
Riverside Avenue and that part of the vacated alley lying between said
Lots 11 and 28, all in B.W. Raymond' s subdivision of Lots 1, 3, 4 and 5
of Block 21 of the original Town of Elgin, on the East side of Fox
River, in the City of Elgin, Kane County, Illinois .
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P-ROF•MONAL LAMD $-UR EY0'R5
PLAT d-F -S- OMWEY
OF PROPERTY DESCRIBED AS:
Part of Block 21 of James T.Gifford's Plat of The Original Town of Elgin,B.W.Raymond's Subdivision of Lots 1,3,4 and
5 of Block 21 of The Original Town of Elgin,and McCisker's Subdivision of Lots 7,8,9,10,and 10 t/2 of said B.W.
Raymond's Subdivision,and also a portion of vacated Riverside Avenue,according to the plat thereof recorded on March
31,2005 as Document No.2005KO35739,more particularly described as follows: Beginning at the Northeast comer of
Lot 1 of said B.W.Raymond's Subdivision,also being the Intersection of the South line of Chicago Street and the
Southwesterly line of South Grove Avenue;thence South 33 degrees 28 minutes 56 seconds East along said Southwest
rtheasterly line of said Olock 21),a distance of 268.35 feet to the most Easterly
line of Grove Avenue(also being the No
Northeast corner of"Fountain Square on the River Condominiutns';recorded October 19,2007 as Document No.
2007K106255,(the next 5 courses being along the Northwesterly boundary of said condominium);thence South 56
degrees 30 minutes 05 seconds West 32.31 feet;thence North 33 degrees 29 minutes 55 seconds West 12.41 feet;
thence South 55 degrees 59 minutes 21 seconds West 25.92 fpet;'thence_North 34 degrees 00 minutes lin ft seconds West
9.02 feet;thence South 55 degrees 59 minutes 21 seconds West 125.68 feet to the Southwesterly line of the vacated
portion of Riverside Avenue aforesaid;thence North 33 degrees 29 minutes 00 seconds West along said Southwesterly
line 217.61 feet to a break in said line;thence North 25 degrees 19 minutes 30 seconds West along said Southwesterly
line 128.97 feet to the Southerly line of Chicago Street(also being the Northerly line of Block 21 aforesaid);thence North
66 degrees 09 minutes 03 seconds East along said Southerly.664,27.19 feet to a break in said line;thence South 89
degrees 50 minutes 55 seconds East along said Southerly line,'166.83 feet to the point of beginning,all in the City of
Elgin,Kane County,Illinois.
C H I C A G n -gTPr
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STATE OF ILLINOIS- �
COUNTY OF KANE �I t I ' �c( FIELDWORK COMPLETED: i NZ644 1(,-,
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1 hereby certify that 1 have surveyed the property described in
the above caption according w tfie official record,and that the
above p true and eorrectrepresentation of said survey.
THIS SURVEY IS VN.ID ONLY This profesefond service confonna to the current
. C, WITH EMBOSSED SFAL IlBnois minimum standards for a boundary survey.
swt. Lj t
o,a«+e: fZi� kGZ 61— L�harles J.HID,Professional Lana%urveyor No.36-2700 Professional Design Firm Land Surveying
Gunn
My License-expires 11130H0 Corpomflon,License No.184-002863
vaea: - MY'tlieerepanryinmeasuremplarmoldbePromptly.
ono reported to the sarveyorfor axplana0on or correction.
,t,y; S7 n r-°�- - WE DO NOT CERTIFY AS TO THE LOCATION OF UNDERGROUND
1UA.II.T.COn1sOIl,,P.G.
i uTiLmEs oR UNDERGROUND IMPROVEMENTS, PROFESSIONAL LAND SURVEYORS
Gn: 265 W.Main St,West Dundee,Illinois 60118
Compare the description on this platwith deed. Refer to deed for easements and building lines. Phone:(847)426-2911 Fax:(847)426-8074
Exhibit A