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HomeMy WebLinkAboutOrdinance #0682~ _-_` ~~ ORDINANCE NO. (0 a .+ AN ORDINANCE APPROVING A NON-DISTURBANCE COMMITMENT WITH SPURGEON'S OF ILLINOIS, INC. AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID COMMITMENT ON BEHALF OF THE CITY OF CANTON. WHEREAS, on November 16, 1976 the City Council of the City of Canton, Illinois adopted Resolution No. 715 providing for the development of Fulton Square; and WHEREAS, the City Council of the City of Canton, Illinois has adopted a Redevelopment Plan relating to downtown development and this Plan con- tains as one project the development by Fulton Square Corporation of a commercial facility on the block commonly known as Fulton Square; and WHEREAS, Fulton Square Corporation is about to undertake the develop- ment of the southern one-half, more or less, of Fulton Square with a commercial facility; and WHEREAS, the City of Canton is empowered to acquire land, construct, maintain, operate and lease public parking facilities pursuant to Chapter 24, Section 11-71-1 et seq. of the Illinois Revised Statutes; and WHEREAS, the City of Canton has acquired real property in the northern portion, more or less, of Fulton Square for a public parking lot facility and the City of Canton has agreed that certain parcels of real property which it owns be available for public parking and the non-exclusive use of Fulton Square, its tenants, their customers, employees and invitees and the customers, employees and invitees of any subtenant, concessionaire or licensee of any tenant; and the City of Canton has agreed to construct, maintain, operate and lease by way of parking lot use agreements and non- disturbance commitments, said real property and said other parcels; and WHEREAS, to enable the City of Canton to proceed, it is necessary that a certain non-disturbance commitment with Spurgeon's of Illinois, Inc., which commitment is attached hereto and made a part hereof as Exhibit A, be executed by the City of Canton. NOW, THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, ILLINOIS, AS FOLLOWS: 1. It has been found to be in the public interest and welfare to proceed - 1 - s'~ w with the development of a public parking lot facility on the northern portion, more or less, of the Fulton Square property, which facility was acquired pursuant to the Municipal Parking Lot Purchase Agreement, was paid for by the issuance of Parking Facilities Revenue Bonds pursuant to the Bond Purchase Agreement, and will be built by the City of Canton in accordance with the terms of the Contract to Construct a Public Parking Lot Facility. 2. The City shall permit the use of the public parking facility on the north half, more or less, of Fulton Square by Fulton Square Corporation pursuant to the Primary Parking Lot Use Agreement, and shall permit the use of certain other parcels pursuant to the Secondary Parking Lot Use Agreement. Said public parking lot facility and parcels also shall be subject to the Non-Disturbance Commitment with J.C. Penney Company, Inc. and the Non- Disturbance Commitment with Spurgeon's of Illinois, Inc. (Exhibit A). 3. That the Non-Disturbance Commitment with Spurgeon's of Illinois, Inc. is hereby approved, said commitment to be subject to and effective pursuant to the terms and conditions set forth therein. 4. The Mayor is hereby authorized and directed to execute and the City Clerk is hereby authorized and directed to affix the seal of the City of Canton thereto and to attest the Non-Disturbance Commitment with. Spurgeon's of Illinois, Inc., said Commitment to be in substantially the form attached hereto as Exhibit A. 5. All ordinances, resolutions and agreements, or parts thereof, in conflict with the provisions of this Ordinance, are, to the extent of such conflict, hereby repealed and this Ordinance shall be in full force and effect immediately after its passage by the City Council of the City of Canton, Illinois and approval by the Mayor thereof. PASSED by the. City Council of the City of Canton, Illinois and fh APPROVED by the Mayor thereof this f 7 day of ~C. ~(~ ,b ~' h , 1978. APPROVED: MAYOR HARLAN E. CROUCH ATTEST: Cr ~ `/ t ' / ~~~~L~~J , C ITY CLERK. NAN S. WHITES NON-DISTURBANCE COMMITMENT-PARKING AREAS In consideration of the execution and delivery of a certain lease dated as of September 11, 1978, by and between FULTON SQUARE CORPORATION, an Illinois corporation, as Landlord, and SPURGEON'S OF ILLINOIS, INC., an Illinois corporation, as Tenant (the "Spurgeon Lease") covering premises located in the proposed Fulton Square Shopping Center in the CITY OF CANTON, County of Fulton and State of Illinois, and other good and valuable con- sideration, the receipt of which is hereby acknowledged, the undersigned, the City of Canton, a public body corporate, having an address at City Hall, Canton, Illinois 61520 (the "City"), the owner of certain parking areas located in the City of Canton, described on Exhibits A-1 and A-2 hereto as, respectively, the Primary Parking Area and Secondary Parking Area, hereby covenants and agrees as follows: 1. The Primary Parking Area and the Secondary Parking Area (collectively, "The Parking Area") are described, respectively, on Exhibits A-1 and A-2 attached hereto; 2. The City has good fee simple title to The Parking Area, free and clear of all contracts, leases, tenancies, party wall agreements, restrictions, violations, liens and encumbrances of every nature, except: (a) the Primary Parking Lot Use Agreement, which was recorded on August 16, 1978, as Document ~~ 78-61968 and ~~ 78-61969, in Volume 847 and Plat Book 8, Pages 835 and 7 in the Office of the Recorder for Fulton County, Illinois; (b) the Secondary Parking Lot Use Agreement, which was recorded on August 16, 1978, as Document ~~ 78-61970 and ~~ 78-61971, in Volume 847 and Plat Book 8, Pages 852 and 8 in the Office of the Recorder for Fulton County, Illinois; (c) The Penney Lease; and the Spurgeon Lease; (d) The exceptions, if any, set forth on Exhibit B attached hereto; 3. The City is the sole owner of the Parking Area; 4. The Primary Parking Lot Use Agreement and the Secondary Parking Lot Use Agreement are both in full force and effect; - 1 - 5. The Tenant under the Spurgeon Lease and its customers, employees and invitees and the customers, employees and invitees of any subtenant, concessionaire or licensee of such Tenant and members of the public shall have and enjoy, during the term of the Spurgeon Lease, the quiet and un- disturbed non-exclusive use of the Parking Area and such use and rights under the Spurgeon Lease shall not be adversely affected in any way by reason of any default by Fulton Square Corporation under the Primary Parking Lot Use Agreement and/or the Secondary Parking Lot Use Agreement in per- forming any of its obligations therein set forth on its part to be per- formed or by reason of termination or cancellation of the Primary Parking Lot Use Agreement and/or the Secondary Parking Lot Use Agreement or by reason of any action taken by the City of Canton under the Primary Parking Lot Use Agreement and/or the Secondary Parking Lot Use Agreement with respect to any default of Fulton Square Corporation; 6. In the event of termination or cancellation of the Primary Parking Lot Use Agreement and/or the Secondary Parking Lot Use Agreement, the non- exclusive use of the Parking Area by the Tenant and its customers, employees and invitees and the customers, employees and invitees of any subtenant, concessionaire or licensee of such Tenant under the Spurgeon Lease and all rights of the said Tenant, its customers, employees and invitees and the customers, employees and invitees of any subtenant, concessionaire or licensee of such_Tenant thereunder will be fully recognized and protected by the City of Canton; and 7. The foregoing provisions of this Non-Disturbance Commitment shall inure to the benefit of Spurgeon`s of Illinois., Inc., its successors and assigns and be binding upon the. City and its successors and assigns. IN WITNESS WHEREOF, the City of Canton has caused th~~is~~ QQinstrument to be duly executed and. sealed as of this ~ 7 ~ ~ day of Q~~Cit~OL(~~~ .1478. CITY OF CANTON ~~ BY: Mayor ATTEST: City Clerk WITNESS: - 2 - STATE OF ILLINOIS ) SS. COUNTY OF FULTON ) f~ On this / 7 day of , 1978, before me, the under- signed Notary Public, duly commissioned, qualified and acting within and for the County and State aforesaid, appeared in person the within named Harlan E. Crouch and Nancy S. Whites to me personally well known, who stated that they were the Mayor and City Clerk, respectively, of the City of Canton, and were duly authorized in their respective capacities to execute the foregoing instrument for and in the name and behalf of said City, and further stated and acknowledged that they had so signed, executed and delivered said foregoing instrument for the consideration, uses and purposes therein mentioned and set forth. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal on the day and year first above mentioned. !/~ ,~, r~ NOTARY PUBLIC My Commission Expires: ~ ~,l - ~/ EXHIBIT A-1 LEGAL DESCRIPTION - PRIMARY PARKING AREA Commencing at the Northwest corner of Lot 95 of the Original Town Addition to the City of Canton as re- corded in Fulton County, Illinois; thence East along the North line extended of said Lot 95, 373.0 feet; thence South 252.25 feet; thence West 265.0 feet; thence North 152.0 feet; thence West 108 feet to the West line of said Lot 95; thence North 100.25 feet to the point of beginning. AND Commencing 100.25 feet South and 15 feet West of the Northwest corner of Lot 95 of the Original Town Addition to the City of Canton as recorded in Fulton County, Illinois; thence South 240 feet; thence West 20 feet; thence North 240 feet; thence East 20 feet to the point of beginning. Attached to and forming part o on-Disturb nce Commitment for Parking Areas dated as of /'~ ~~ , 1978, covering certain premises situated at Fulton Square, Canton, Illinois. Initialled for identification for City. EXHIBIT A-2 LEGAL DESCRIPTION - SECONDARY PARKING AREA PARCEL A Commencing at a point on the West line of Lot 9 of Jones' First Addition to the City of Canton as recorded in Fulton County, Illinois; said point being located 90 feet South of the Northwest corner of said Lot 9; thence West 80 feet to the East side of Jones Park; thence South 180 feet; thence East 80 feet; thence North 180 feet to the point of beginning. PARCEL B Commencing at a point on the East line of Lot 15 of Jones' First Addition to the City of Canton as recorded in Fulton County, Illinois; said point being 30 feet South of the Northeast corner of said Lot 15, the point of beginning; thence continuing South on an extension of said East line 240 feet; thence East 80 feet to the West line of Jones Park; thence North 240 feet; thence West 80 feet to the point of beginning. PARCEL C All of Lot 17 in Jones' First Addition to the City of Canton, Fulton County, Illinois and that part of Lot 16 in Jones' First Addition to the City of Canton, Fulton County, Illinois described as follows: Commencing at a point 87 feet West of the Northeast corner of Lot 16; thence South to the Southline of said Lot 16; thence West 94.5 feet to the West line of said Lot 16; thence North along the West line of said Lot 16 to the Northwest corner of said Lot 16; thence East along the North line of said Lot 16 to the place of beginning situ- ated in Fulton County, Illinois. PARCEL D Commencing at a point 15 feet East of the Southeast corner of Lot 106 of the Original Town Addition to the City of Canton as recorded in Fulton County, Illinois; thence North on a line parallel to the East line of said Lot 106, 250 feet; thence East 20 feet; thence South 250 feet; thence West 20 feet to the point of beginning. PARCEL E Lot 94 of the Original Town Addition to the City of Canton as recorded in Fulton County, Illinois. Attached to and formin, part of Non-Disturbance Commitment for Parking Areas dated as of /7 ~ ~ , 1978, covering certain premises situated at Fulton Square, Canton, Illinois. Initialled for identification for City. EXHIBIT B TITLE EXCEPTIONS 1. Real Estate Taxes, not yet due and payable. 2. Mortgage for $1,250,000 to National Bank of Canton dated April 26, 1974 and recorded April 26, 1974 as Document ~~ 74-36120. 3. Mortgage for $125,000 to Jefferson Trust and Savings Bank dated August 9, 1974 and recorded August 12, 1974 as Document ~~ 74-37637. Attached to and forming part o N n-Distur~~ce Commitment for Parking Areas dated as of /7 , 1978, covering certain premises situated at Fulton Square, Canton, Illinois. Initialled for identification for City.